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Fisheries Act 1996

Quota management system - Declaration of quota management system

21: Matters to be taken into account in setting or varying any total allowable commercial catch

You could also call this:

"What the Minister considers when setting fishing catch limits"

Illustration for Fisheries Act 1996

When the Minister sets or changes the total allowable commercial catch for a fish stock, they consider the total allowable catch and make sure to account for non-commercial fishing interests, like Maori customary fishing and recreational fishing. They also think about other ways that fish in the stock might die due to fishing. The Minister talks to people and groups who have an interest in the fish stock, including Maori, environmental, commercial, and recreational groups, before making a decision. When the Minister makes a decision about the total allowable commercial catch, they tell the people and groups they talked to why they made that decision. If the Minister is considering Maori customary non-commercial interests, they think about any special areas that have been set aside for Maori fishing or any rules that restrict fishing in certain areas, as declared under section 186 or section 186A. The Minister also considers rules that restrict recreational fishing when thinking about recreational interests, including any regulations made following a recommendation under section 311. The Minister has to consider all these things to make a fair decision about the total allowable commercial catch. You can find more information about how the Minister makes these decisions by looking at the section 20 rules. The Minister's decision affects many people, including those who fish for food and those who fish for fun.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM395551.

Topics:
Environment and resources > Farming and fishingMāori affairs > Māori land
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20: Setting and variation of total allowable commercial catch, or

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Part 4Quota management system
Declaration of quota management system

21Matters to be taken into account in setting or varying any total allowable commercial catch

  1. In setting or varying any total allowable commercial catch for any quota management stock, the Minister shall have regard to the total allowable catch for that stock and shall allow for—

  2. the following non-commercial fishing interests in that stock, namely—
    1. Maori customary non-commercial fishing interests; and
      1. recreational interests; and
      2. all other mortality to that stock caused by fishing.

        1. Before setting or varying a total allowable commercial catch for any quota management stock, the Minister shall consult such persons and organisations as the Minister considers are representative of those classes of persons having an interest in this section, including Maori, environmental, commercial, and recreational interests.

        2. After setting or varying any total allowable commercial catch under section 20, the Minister shall, as soon as practicable, give to the parties consulted under subsection (2) reasons in writing for his or her decision.

        3. When allowing for Maori customary non-commercial interests under subsection (1), the Minister must take into account—

        4. any mataitai reserve in the relevant quota management area that is declared by the Minister by notice in the Gazette under regulations made for the purpose under section 186:
          1. any area closure or any fishing method restriction or prohibition in the relevant quota management area that is imposed by the Minister by notice in the Gazette made under section 186A.

            1. When allowing for recreational interests under subsection (1), the Minister shall take into account any regulations that prohibit or restrict fishing in any area for which regulations have been made following a recommendation made by the Minister under section 311.

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            Notes
            • Section 21(4): substituted, on , by section 6 of the Fisheries (Remedial Issues) Amendment Act 1998 (1998 No 67).