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Fisheries Act 1996

Quota management system - Calculation of provisional catch history if no individual catch entitlement

34: Calculation of provisional catch history

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"How to work out your total catch of fish and seafood"

Illustration for Fisheries Act 1996

You need to calculate your provisional catch history. This is the total weight of eligible catch you reported. You can find the rules for this in sections like section 33(a)(i) and section 32(1)(a)(ii). You choose a 12-month period to calculate your provisional catch history. If you don't choose, the chief executive will choose for you. You can read about this in section 35(3)(c)(iv) or section 35(1)(d). Eligible catch means the total weight of fish and seafood you caught and reported. It includes fish used as bait, but not fish seized by a fishery officer. You can find more information in section 32 and the Fisheries Act 1983.

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Environment and resources > Farming and fishing
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Part 4Quota management system
Calculation of provisional catch history if no individual catch entitlement

34Calculation of provisional catch history

  1. The provisional catch history of a person is,—

  2. if the qualifying year is the one referred to in section 33(a)(i) and the person is eligible to receive provisional catch history under section 32(1)(a)(ii) for any stock, the total weight of eligible catch reported in the person's eligible returns:
    1. subject to subsection (1A), if the qualifying year or years are set under section 33(b) and the person is eligible to receive provisional catch history under section 32(1)(a)(iii) for any stock, the total weight of eligible catch reported in the person's eligible returns in respect of the period of 12 consecutive months within the qualifying years relating to the person, which period shall be—
      1. chosen by the person in accordance with section 35(3)(c)(iv) or section 35(4)(b); or
        1. if the person has not made such a choice, chosen by the chief executive in accordance with section 35(1)(d):
        2. in the case of any other person who is eligible to receive provisional catch history under paragraph (a)(i) or paragraph (a)(iv) of section 32(1), the total weight of eligible catch reported in the person's eligible returns in respect of a period of 12 consecutive months within the qualifying years relating to the person, which period shall be—
          1. chosen by the person in accordance with section 35(3)(c)(iv) or section 35(4)(b); or
            1. if the person has not made such a choice, chosen by the chief executive in accordance with section 35(1)(d).

            2. Despite subsection (1)(b), the provisional catch history of a person in respect of highly migratory species (other than southern bluefin tuna) taken outside New Zealand fisheries waters—

            3. must be calculated in the prescribed manner (if any) in accordance with regulations made under section 297(1)(hb) for the purpose of ensuring consistency of the calculation with the method used by the relevant international fisheries organisation in determining New Zealand's national allocation; and
              1. subject to paragraph (a), is the total weight of eligible catch reported in the person's eligible returns divided by the number of qualifying years.

                1. For the purposes of this Part and Part 15, the term eligible catch means the total weight of all the catch of the relevant stock lawfully taken and lawfully reported as landed or otherwise lawfully disposed of by a person eligible to receive provisional catch history under section 32 during the applicable qualifying years; and also includes fish, aquatic life, or seaweed of that stock reported as taken and used as bait; but does not include—

                2. fish, aquatic life, or seaweed seized by a fishery officer under section 80 of the Fisheries Act 1983 or section 207 of this Act, if the fish, aquatic life, or seaweed (or the proceeds of sale thereof) were forfeit to the Crown:
                  1. fish, aquatic life, or seaweed, other than highly migratory species, taken outside New Zealand fisheries waters (even though such fish, aquatic life, or seaweed may be deemed to have been taken within New Zealand fisheries waters by the operation of this Act or the Fisheries Act 1983):
                    1. fish, aquatic life, or seaweed (other than fish, aquatic life or seaweed taken by persons granted fishing permits under section 2(2) of the Fisheries Amendment Act 1994) taken under a special permit granted under this Act or under section 64 of the Fisheries Act 1983.

                      Notes
                      • Section 34(1)(a): amended, on , by section 13(1) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).
                      • Section 34(1)(b): amended, on , by section 13(2) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).
                      • Section 34(1A): inserted, on , by section 13(3) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).
                      • Section 34(2)(b): amended, on , by section 13(4) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).