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Fisheries Act 1996

Quota management system - Declaration of quota management system

19: Matters to be included in notice under section 18

You could also call this:

"What to include in a notice about fishing quotas"

Illustration for Fisheries Act 1996

When a notice is given under section 18 of the Fisheries Act 1996, it must include certain information. You need to know what this information is. The notice must define the quota management area and state the fishing year. The notice must also state whether the total allowable commercial catch is measured in meatweight or greenweight. You will see that the Minister must consult with people who have an interest in the matter before making a declaration. The Minister can amend a declaration if it was made with incorrect information. A quota management area can be altered, but only by an Act of Parliament. There are some exceptions to this rule, such as if the Minister is varying a date or making a minor correction. You can find more information about the publication requirements in Part 3 of the Legislation Act 2019. The Minister must maintain the same quota management areas for different species where possible. If a stock or species is listed in Schedule 4C, the notice must amend that schedule. The Minister can create a separate quota management area around the Chatham Islands if it is necessary for fisheries management. The notice must be published before any changes take effect.

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"When a new fish stock is added to the quota system, a public notice is made."

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"The Minister decides how many fish can be caught for sale and can change this number as needed."

Part 4Quota management system
Declaration of quota management system

19Matters to be included in notice under section 18

  1. Any notice given under section 18 of this Act shall—

  2. define the quota management area to which the notice relates by reference to an area or areas defined in Schedule 1 or in any other manner:
    1. state the fishing year in respect of the stock, which year shall be a 12-month period commencing on either 1 April or 1 October:
      1. state whether, for the stock concerned, the total allowable commercial catch is, and annual catch entitlements are, to be expressed in meatweight or greenweight:
        1. make provision for such other matters as may be contemplated by this Act.

          1. In defining the quota management area, the Minister shall, as far as practicable, maintain the same quota management areas for different species.

          2. In the case of a stock or species listed in Schedule 4C, the notice must amend that schedule by removing the stock or species concerned (and may make any amendments consequential on that removal) with effect on and from the date on which the stock becomes subject to the quota management system.

          3. If the Minister is satisfied that any species in the waters around the Chatham Islands can, for fisheries management purposes, be managed effectively as a unit, a notice under section 18 may create around the Chatham Islands a separate quota management area for that species.

          4. Subject to subsections (5), (5A), and (6),—

          5. no declaration made under section 18 shall be revoked; and
            1. no species or class of fish, aquatic life, or seaweed that was immediately before the commencement of this Part, subject to Part 2A of the Fisheries Act 1983, may be removed from the quota management system; and
              1. no quota management area shall be altered—
                  1. except by Act of Parliament.

                1. Subsection (4) does not prevent—

                2. the Minister varying, by notice, any date set under section 18, if the variation is published before that date; or
                  1. any alteration under section 25; or
                    1. any amendment to a notice under section 18 that involves a minor or technical correction only.

                      1. Without limiting subsection (5)(c), the Minister may amend a declaration under section 18 at any time before the allocation of provisional catch history under section 36, if the declaration was made on the basis of incorrect or misleading information, or as a result of a mistake.

                      2. A provision in a regulation made under this Act, or in a notice given under section 15 or section 16 or a regulation made under section 186(2)(b), shall not be construed as altering a quota management area merely because it prohibits, limits, or restricts fishing in the quota management area.

                      3. Before making a declaration under section 18 or amending a declaration under subsection (5A), the Minister must consult the persons or organisations considered by the Minister to be representative of those classes of persons having an interest in the matters referred to in subsection (1).

                      4. The following are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements):

                      5. a notice under subsection (5)(a):
                        1. an amendment under subsection (5)(c):
                          1. an amendment under subsection (5A).

                            1. Repealed
                            Compare
                            Notes
                            • Section 19(2A): inserted, on , by section 6(1) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).
                            • Section 19(3): amended, on , by section 9(1) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                            • Section 19(4): amended, on , by section 9(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                            • Section 19(5)(a): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                            • Section 19(5)(b): amended, on , by section 9(3) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                            • Section 19(5A): inserted, on , by section 9(4) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                            • Section 19(5A): amended, on , by section 5 of the Fisheries Amendment Act 2008 (2008 No 11).
                            • Section 19(7): substituted, on , by section 9(5) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                            • Section 19(8): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                            • Section 19(8): repealed, on , by section 6(2) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).