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Fisheries Act 1996

Quota management system - Generation of annual catch entitlement

67A: Allocation of additional annual catch entitlement in case of underfishing

You could also call this:

"Getting extra fish to catch if you don't use your full allowance"

Illustration for Fisheries Act 1996

When you have a fishing permit, you get a certain amount of fish you can catch each year. If you don't catch all your allowed fish in the first year, the chief executive will compare how much you were allowed to catch with how much you actually caught. They will do this after the fishing year ends. If you were allowed to catch more fish than you did, the chief executive will calculate the difference and give you some extra fishing allowance for the next year. This extra allowance is the smaller of the difference or 10% of your original allowance. You can find more information about how this works in sections like section 68 and section 297. The chief executive will give you this extra allowance as soon as they can after the first fishing year ends. They will also make sure you know how much extra allowance you got and update the records. This extra allowance is in addition to any other fishing allowance you might get from section 66 or section 68.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM396396.

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67: Allocation of annual catch entitlement, or

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Part 4Quota management system
Generation of annual catch entitlement

67AAllocation of additional annual catch entitlement in case of underfishing

  1. As soon as practicable after the 15th day after the end of the fishing year for each stock (the first fishing year), the chief executive must, for each person who, as at that date, owns annual catch entitlement for the first fishing year for that stock, compare—

  2. the annual catch entitlement for that stock (other than annual catch entitlement created under section 68) for the first fishing year owned by the person as at the close of the 15th day after the end of that fishing year; and
    1. the reported catch (if any) for that stock, calculated in accordance with regulations made for that purpose under section 297, taken by that person during the first fishing year.

      1. If the amount of annual catch entitlement referred to in subsection (1)(a) is greater than the reported catch referred to in subsection (1)(b), the chief executive must—

      2. calculate the difference between that annual catch entitlement and that reported catch; and
        1. subject to subsection (5), allocate to the person an amount of annual catch entitlement for the stock for the fishing year after the first fishing year (the second fishing year) that is the lesser of the following:
          1. the amount calculated under paragraph (a):
            1. 10% of the amount of annual catch entitlement referred to in subsection (1)(a).

            2. This section does not apply to—

            3. a stock listed in Schedule 5A; or
              1. a stock for which the total allowable commercial catch at the beginning of the second fishing year is less than the total allowable commercial catch applying at the close of the first fishing year.

                1. The chief executive must allocate annual catch entitlement under this section as soon as practicable after the 15th day after the end of the first fishing year.

                2. The amount of annual catch entitlement allocated under subsection (2) must be rounded up or rounded down by the chief executive to the nearest kilogramme or, in the case of Foveaux Strait dredge oysters, to the nearest whole number of oysters.

                3. Any annual catch entitlement allocated under subsection (2)—

                4. is in addition to any annual catch entitlement generated under section 66 or created under section 68; and
                  1. has effect for all purposes under this Act on and from the date of the allocation.

                    1. The chief executive must, as soon as practicable after allocating any annual catch entitlement under subsection (2),—

                    2. notify every person to whom annual catch entitlement has been allocated under this section of the amount of annual catch entitlement allocated to that person; and
                      1. ensure that the amount of annual catch entitlement allocated is registered on the Annual Catch Entitlement Register.

                        Notes
                        • Section 67A: inserted, on , by section 24 of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).