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Fisheries Act 1996

Quota management system - Annual catch entitlement required before fishing

74: Minimum holdings of annual catch entitlement

You could also call this:

"Rules for catching certain fish: you need a minimum amount of catch entitlement"

Illustration for Fisheries Act 1996

You cannot take fish listed in Schedule 8 unless you have the minimum annual catch entitlement. This entitlement is specified in Schedule 8 for each type of fish. You must hold this entitlement when you take the fish. If you do not have enough entitlement, there are some exceptions. These exceptions apply if you had enough entitlement before, but something changed. You can still take fish, but only with the entitlement you have. The government can change the minimum entitlement requirements. They can add or remove types of fish from Schedule 8. They can also increase or decrease the minimum entitlement required. Any changes will apply from the start of the next fishing year. You must follow these rules or you might commit an offence. The penalty for this offence is set out in section 252(5) of the Fisheries Act 1996. The government will publish any changes to the rules, and they must be confirmed by an Act of Parliament.

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Part 4Quota management system
Annual catch entitlement required before fishing

74Minimum holdings of annual catch entitlement

  1. No commercial fisher may take any stock listed in Schedule 8 unless the fisher holds, at the time of the taking, the minimum amount of annual catch entitlement that is specified in that schedule in relation to that stock.

  2. If,—

  3. following the allocation of quota under section 44 or section 47 or section 52, the amount of quota owned by a commercial fisher does not generate an annual catch entitlement sufficient to satisfy the requirements of subsection (1); or
    1. following a reduction in the total allowable commercial catch, the amount of quota owned by a commercial fisher, as at the beginning of the fishing year in which the reduction takes effect, does not generate an annual catch entitlement sufficient to satisfy the requirements of subsection (1); or
      1. following an alteration of a quota management area under section 25, quota is allocated under section 26 to a commercial fisher and that quota does not generate an annual catch entitlement sufficient to satisfy the requirements of subsection (1); or
        1. following an increase in the amount of annual catch entitlement required to be held by virtue of an Order in Council under subsection (7), the amount of relevant quota owned by a commercial fisher, as at the beginning of the fishing year in which the increase takes effect, does not generate an annual catch entitlement sufficient to satisfy that requirement; or
          1. following a deduction of quota shares from any person by the chief executive under section 52, the amount of relevant quota owned by a commercial fisher, as at the beginning of the fishing year immediately following the year in which the deduction occurs, does not generate an annual catch entitlement sufficient to satisfy the requirements of subsection (1),—
              1. then the requirements of subsection (1) shall apply as if the minimum amount of annual catch entitlement required to be held was the amount of annual catch entitlement actually generated by the commercial fisher's relevant quota, and the commercial fisher may continue to take stock in each fishing year under the authority of the lesser amount of annual catch entitlement held by the commercial fisher unless the commercial fisher, in any particular fishing year, transfers any annual catch entitlement and thereby reduces the commercial fisher's annual catch entitlement holding for that fishing year to an amount lower than the holding generated by the commercial fisher's quota at the commencement of that year.

            1. As soon as is reasonably practicable after Te Ohu Kai Moana Trustee Limited has notified the chief executive of the entities that it has approved under section 34 of the Maori Fisheries Act 2004, the chief executive must identify the approved entities on the Annual Catch Entitlement Register.

            2. In the case of a quota holding that includes settlement quota, if the annual catch entitlement from that quota is transferred in full to a commercial fisher that is registered as an approved entity under subsection (2A), the annual catch entitlement must be treated as if it were not less than the minimum amount required under subsection (1).

            3. Subsection (2) does not apply to a commercial fisher referred to in paragraph (b) or paragraph (c) or paragraph (d) or paragraph (e) of that subsection unless, immediately before becoming a person referred to in any of those paragraphs, the commercial fisher owned a number of quota shares that would generate an amount of annual catch entitlement sufficient to satisfy the relevant requirements of subsection (1).

            4. If any commercial fisher is or becomes subject to subsection (2), that subsection shall continue to apply for only so long as the commercial fisher does not sell any of the relevant quota, however obtained.

            5. If any commercial fisher is or becomes subject to subsection (2) and the commercial fisher subsequently purchases any relevant quota, the requirements of subsection (1) apply on and from the commencement of the next fishing year as if the minimum amount of annual catch entitlement required to be held was the amount of annual catch entitlement actually generated by the commercial fisher's quota (including such purchased quota) unless that amount exceeds the applicable amount specified in subsection (1); and subsection (2) shall cease to apply to that commercial fisher.

            6. Repealed

            7. Subject to subsections (8) and (9), the Governor-General may from time to time, by Order in Council (see subsection (13)), amend Schedule 8 by—

            8. adding 1 or more stocks to that schedule:
              1. omitting 1 or more stocks from that schedule:
                1. specifying a minimum holding of annual catch entitlement for any stocks being added to that schedule:
                  1. increasing or reducing a minimum holding of annual catch entitlement for any stocks listed in that schedule.

                    1. An Order in Council made under subsection (7) takes effect on the commencement of the following fishing year for the stocks concerned.

                    2. No Order in Council may be made under subsection (7) except on the recommendation of the Minister following consultation by the Minister with such persons or organisations as the Minister considers are representative of those classes of persons having an interest in the stocks subject to the order.

                    3. The Minister may make a recommendation under subsection (9)—

                    4. on the Minister's own initiative; or
                      1. on request by quota owners who hold in the aggregate at least 75 000 000 quota shares in that stock.

                        1. A request under subsection (9A)(b) must—

                        2. specify the concerns (if any) of the quota owners who do not support the proposal; and
                          1. specify what arrangements are in place to address those concerns.

                            1. Repealed

                            2. Repealed

                            3. If a person contravenes subsection (1) or subsection (2), the person commits an offence and is liable to the penalty set out in section 252(5).

                            4. An order under subsection (7)—

                            5. is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
                              1. must be confirmed by an Act (see subpart 3 of Part 5 of the Legislation Act 2019).

                                Compare
                                Notes
                                • Section 74(1): substituted, on , by section 25(1) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                                • Section 74(2): amended, on , by section 13(2) of the Fisheries Amendment Act 2001 (2001 No 65).
                                • Section 74(2)(b): amended, on , by section 13(1) of the Fisheries Amendment Act 2001 (2001 No 65).
                                • Section 74(2A): inserted, on , by section 214 of the Maori Fisheries Act 2004 (2004 No 78).
                                • Section 74(2B): inserted, on , by section 214 of the Maori Fisheries Act 2004 (2004 No 78).
                                • Section 74(3): amended, on , by section 25(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                                • Section 74(5): amended, on , by section 9 of the Fisheries (Remedial Issues) Amendment Act 2001 (2001 No 33).
                                • Section 74(6): repealed (without coming into force), on , by section 25(3) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                                • Section 74(7): substituted, on , by section 25(4) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                                • Section 74(7): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                                • Section 74(8): substituted, on , by section 25(4) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                                • Section 74(9): substituted, on , by section 25(4) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                                • Section 74(9A): inserted, on , by section 25(4) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                                • Section 74(9B): inserted, on , by section 25(4) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                                • Section 74(10): repealed, on , by section 14 of the Legislation (Confirmable Instruments) Amendment Act 2015 (2015 No 120).
                                • Section 74(11): repealed (without coming into force), on , by section 25(3) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                                • Section 74(12): substituted, on , by section 25(5) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                                • Section 74(13): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).