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Fisheries Act 1996

Foreign licensed access

81: Calculation of foreign allowable catch

You could also call this:

"How the government decides how much fish foreigners can catch in New Zealand waters"

Illustration for Fisheries Act 1996

The Minister decides how much fish foreigners can catch in New Zealand waters. You need to know that the Minister looks at the total allowable catch for a fish stock. The Minister also considers the total catch limit for fish not in the quota system. The Minister calculates the foreign allowable catch for quota management stocks. This is the smaller amount of either the total allowable commercial catch or the Crown's available annual catch entitlement. The Crown's available annual catch entitlement is the amount of fish the Crown can catch after offering some to others. For fish not in the quota system, the foreign allowable catch is the smaller amount of either the total catch limit or a sustainable catch. A sustainable catch takes into account how much fish New Zealand vessels can catch and how much fish are left. The Minister adjusts the domestic harvesting capacity to account for changes in fishing vessels and equipment. If the Minister decides on a foreign allowable catch for a quota management stock, they set aside the same amount of the Crown's annual catch entitlement. This set-aside amount cannot be used for fishing. You should note that this section does not apply to highly migratory species, and you can find more information by looking at the Fisheries Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM396590.

Topics:
Environment and resources > Farming and fishingGovernment and voting > Government departments
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"How the Minister decides how much fish foreign countries can catch in New Zealand waters"

Part 5Foreign licensed access

81Calculation of foreign allowable catch

  1. The Minister shall from time to time determine—

  2. the portion of the total allowable commercial catch for a quota management stock that may be taken within the exclusive economic zone; and
    1. the portion of the total catch limit (if any) for any stock not subject to the quota management system (including any highly migratory stock) that may be taken within the exclusive economic zone; and
      1. the foreign allowable catch for a stock in the exclusive economic zone.

        1. The foreign allowable catch for any quota management stock shall be the lesser of—

        2. the portion of the total allowable commercial catch for the time being determined for the stock under subsection (1)(a):
          1. the Crown's available annual catch entitlement for the stock.

            1. For the purposes of subsection (2)(b), the Crown's available annual catch entitlement for a stock is the Crown's holding of annual catch entitlement for the stock that—

            2. is generated from unencumbered quota held by the Crown; and
              1. remains unsold after the Crown has offered the annual catch entitlement for sale to persons entitled to own quota.

                1. The foreign allowable catch for any stock not subject to the quota management system shall be the lesser of—

                2. the portion of the total catch limit (if any) for the time being determined under subsection (1)(b):
                  1. a catch that is sustainable after taking into account the total catch limit (if any) for, and the domestic harvesting capacity of, the stock.

                    1. For the purposes of this section, the term domestic harvesting capacity, in relation to any stock not subject to the quota management system, means the total domestic commercial catch reported as having been taken in the previous fishing year for the stock by New Zealand fishing vessels within New Zealand fisheries waters, with an appropriate adjustment to allow for—

                    2. any changes in the harvesting capacity of the domestic commercial fishing fleet due to—
                      1. recent investment in fishing vessels and fishing equipment; and
                        1. catch trends; and
                        2. non-commercial take and scientific take.

                          1. If the foreign allowable catch for any quota management stock has been determined under subsection (1)(c) in accordance with subsection (2), the Minister shall set aside an amount of the Crown's holding of annual catch entitlement for the stock that is equivalent to the amount of the foreign allowable catch, and such annual catch entitlement shall not be used for fishing.

                          2. Nothing in this section applies in relation to any highly migratory species.

                          Compare
                          Notes
                          • Section 81(1)(a): amended, on , by section 32(1) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).
                          • Section 81(1)(c): amended, on , by section 32(1) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).
                          • Section 81(3): substituted, on , by section 32(2) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).
                          • Section 81(7): added, on , by section 32(3) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).