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Fisheries Act 1996

Quota management system - Deemed values

77: Over-fishing thresholds

You could also call this:

"Rules to stop catching too many fish"

Illustration for Fisheries Act 1996

The Governor-General can make rules about over-fishing thresholds. You need to know what over-fishing thresholds are. They are like limits on how much fish you can catch. The Governor-General can set these limits for different types of fish. They can also decide if there should be a tolerance level, which is like a small allowance for extra fish. You can find out more about secondary legislation in Part 3 of the Legislation Act 2019. Before making these rules, the Minister must talk to people who are interested in fishing. The Minister wants to hear from people who catch fish and others who care about fishing. The rules will help make sure people do not catch too many fish.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM396558.

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Environment and resources > ConservationEnvironment and resources > Farming and fishing
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Part 4Quota management system
Deemed values

77Over-fishing thresholds

  1. The Governor-General may from time to time, by Order in Council made on the recommendation of the Minister,—

  2. specify quota management stocks to which over-fishing thresholds apply:
    1. set over-fishing thresholds for those stocks:
      1. specify, for each of those stocks, whether a tolerance level applies and, if so, specify the tolerance level.

        1. An over-fishing threshold for a stock—

        2. is a specified percentage in excess of the annual catch entitlement held by a commercial fisher for the stock to which it relates:
          1. takes effect on the first day of the fishing year that commences next after the relevant order under subsection (1) is made.

            1. An order made under subsection (1) may set different over-fishing thresholds for different stocks.

            2. A tolerance level for a stock—

            3. is a specified amount or an amount calculated in accordance with a formula set out in the order:
              1. takes effect on the first day of the fishing year that commences next after the relevant order under subsection (1) is made.

                1. An order made under subsection (1) may set different tolerance levels for different stocks.

                2. Before making a recommendation under subsection (1), the Minister must consult with such persons or organisations as the Minister considers are representative of those classes of persons having an interest in the over-fishing thresholds to which the recommendation relates.

                3. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                Notes
                • Section 77: substituted, on , by section 28(1) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                • Section 77(7): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).