17BDetermination that stock or species be subject to quota management system

1. The Minister must make a determination under subsection (2) if satisfied that the current management of a stock or species—

2. is not ensuring the sustainability of the stock or species; or
3. is not providing for the utilisation of the stock or species.

4. The Minister must determine to make the stock or species concerned subject to the quota management system, unless he or she determines that the purpose of this Act would be better met by setting 1 or more sustainability measures under section 11 (other than a total allowable catch set under section 13 or section 14).

5. Before determining whether the criteria in subsection (1)(a) or (b) have been satisfied, and before making a determination under subsection (2), the Minister must consult those persons or organisations considered by the Minister to be representative of the classes of persons who have an interest in the relevant determination.

6. As soon as practicable after making a determination under subsection (2), the Minister must give his or her reasons for the determination in writing to any persons or organisations consulted under subsection (3).

7. In the case of a stock or species listed in Schedule 4C,—

8. the Minister may make a determination under subsection (2), regardless of whether or not the Minister is satisfied of the matters specified in subsection (1); and
9. if the Minister determines not to make the stock or species concerned subject to the quota management system,—
   1. the Minister must notify that fact in accordance with subsection (8); and
   2. the moratorium on the issue of fishing permits for that stock or species under section 93 ceases to apply with effect on and from the first day of the fishing year for that stock or species that follows the date of that notification; and
   3. the stock or species concerned must be removed from Schedule 4C from the first day of that fishing year following the date of the notification, and the notice must amend Schedule 4C (including any appropriate consequential amendments) accordingly.

10. Despite subsection (2), the Minister may not determine under that subsection to make subject to the quota management system any stock of highly migratory species outside New Zealand fisheries waters except to give effect to—

11. a national allocation to New Zealand by an international fisheries organisation in relation to that stock; or
12. any other management measures to which New Zealand has agreed, made by an international fisheries organisation in relation to that stock.

13. The Minister must consult the Minister of Conservation before making a determination under this section in respect of any stock or species that is both—

14. listed in Schedule 4C; and
15. listed in any of the appendices to the Convention on International Trade in Endangered Species of Wild Flora and Fauna.

16. A notice under subsection (5)(b) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).