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Fisheries Act 1996

Access to fishery - Fishing permits

89: All fishing to be authorised by fishing permit unless specific exemption held

You could also call this:

"You need a permit to go fishing, unless you have a special exception."

Illustration for Fisheries Act 1996

You need a fishing permit to take fish, aquatic life, or seaweed. You must follow the rules of your permit. There are some exceptions, like taking fish for food under the Marine Reserves Act 1971. You can take some types of fish without a permit, like seaweed that has washed up on the beach. You can also take samples of fish for food safety checks under the Food Act 2014. You must be the permit holder or have permission from the holder to take fish. You can only hold one fishing permit at a time. You cannot transfer your permit to someone else. If you break these rules, you can get in trouble and have to pay a fine, as stated in section 252(3).

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Topics:
Environment and resources > Farming and fishingMoney and consumer rights > Consumer protection
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"Paying a penalty for breaking fisheries laws"

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89A: Exemption relating to farmed fish and spat catching, or

"No permit needed for farmed fish if you follow the rules."

Part 6Access to fishery
Fishing permits

89All fishing to be authorised by fishing permit unless specific exemption held

  1. No person shall take any fish, aquatic life, or seaweed by any method unless the person does so under the authority of and in accordance with a current fishing permit.

  2. Subsection (1) does not apply to the taking of—

  3. fish, aquatic life, or seaweed by any natural person otherwise than for the purpose of sale and in accordance with any amateur fishing regulations made under, and any other requirements imposed by, this Act; or
    1. fish, aquatic life, or seaweed by any natural person otherwise than for the purpose of sale and in accordance with any Maori customary non-commercial fishing regulations made under, and any other requirements imposed by, this Act; or
      1. any seabirds or protected species; or
        1. any whitebait, sports fish, ornamental fish, or unwanted aquatic life; or
          1. fish, aquatic life, or seaweed by any person in accordance with an authorisation given under the Marine Reserves Act 1971; or
            1. seaweed of the class Rhodophyceae while it is unattached and cast ashore; or
              1. samples of fish, aquatic life, or seaweed under the authority of sections 304 and 312 of the Food Act 2014 by a food safety officer as defined in that Act or by a person assisting such an officer; or
                1. samples of fish, aquatic life, or seaweed under the authority of section 6 of the Meat Act 1981 by an inspector as defined in that Act or by a person assisting such an inspector; or
                  1. samples of fish, aquatic life, or seaweed under the authority of Part 7 of the Animal Products Act 1999 by an animal product officer or official assessor as defined in that Act, or by a person assisting such an officer or assessor; or
                    1. fish, aquatic life, or seaweed under the authority of a foreign fishing vessel licence issued under section 83; or
                      1. fish, aquatic life, or seaweed in accordance with a freshwater fish farming licence issued under the Freshwater Fish Farming Regulations 1983 or a marine farming permit or spat catching permit issued or granted under the Fisheries Act 1983 or this Act.

                        1. Despite subsection (1), a person may take fish, aquatic life, or seaweed of a stock or species listed in Schedule 4C if it is taken as the inevitable consequence of the taking of other fish, aquatic life, or seaweed under the authority of and in accordance with a current fishing permit.

                        2. Repealed

                        3. For the purposes of subsection (1), no person shall take any fish, aquatic life, or seaweed under the authority of a fishing permit unless that person is—

                        4. the holder of that fishing permit; or
                          1. a person who is an employee or agent of the holder of that fishing permit; or
                            1. the master or a member of the crew of a fishing vessel that is registered in the name of the holder of that fishing permit.

                              1. For the purposes of subsection (1), no person shall take,—

                              2. in the case of a fishing permit that authorises the taking of freshwater eels, any freshwater eel; or
                                1. if the fishing occurs otherwise than from a vessel, any fish, aquatic life, or seaweed—
                                    1. under the authority of a fishing permit unless that person is the holder of that permit or belongs to the class of persons referred to in paragraph (b) or paragraph (c) of subsection (3) and is named in an agreement approved by the chief executive under subsection (5) before the taking occurred.

                                  1. The chief executive may approve an agreement for the purpose of subsection (4) if—

                                  2. the agreement is submitted to the chief executive in the approved form and is accompanied by the prescribed fee (if any); and
                                    1. the agreement is signed by all persons for whom authority to take under the fishing permit is being sought, and by the holder of the fishing permit; and
                                      1. the number of persons for whom authority to take under the fishing permit is being sought does not exceed the total number of persons (if any) permitted in accordance with subsection (8).

                                        1. The chief executive may approve a variation of an agreement approved under subsection (5) that adds or deletes the name of any person to or from the agreement, if—

                                        2. the variation is submitted to the chief executive in the approved form and is accompanied by the prescribed fee (if any); and
                                          1. the variation is signed by the persons for whom new authority to take under the fishing permit is being sought, and the holder of the fishing permit; and
                                            1. the number of persons who will have authority to take under the fishing permit will not exceed the total number of persons (if any) permitted in accordance with subsection (8).

                                              1. Agreements under subsection (5) and variations under subsection (6) shall not take effect until approved by the chief executive.

                                              2. The chief executive may impose a condition on a fishing permit under section 92(1) that authorises the taking of freshwater eels limiting the total number of persons who may be named in any agreement under subsection (5).

                                              3. Subsections (4) to (8) do not apply to the taking of freshwater eels that are subject to the quota management system.

                                              4. No person shall at any time hold more than 1 fishing permit.

                                              5. No fishing permit holder may transfer that permit to any other person.

                                              6. Repealed

                                              7. Every person commits an offence and is liable to the penalty set out in section 252(3) who takes any fish, aquatic life, or seaweed in contravention of subsection (1), or contravenes subsection (9) or subsection (10).

                                              Compare
                                              Notes
                                              • Section 89(2)(g): amended, on , by section 447 of the Food Act 2014 (2014 No 32).
                                              • Section 89(2)(ha): inserted, on , by section 8(1) of the Animal Products (Ancillary and Transitional Provisions) Act 1999 (1999 No 94).
                                              • Section 89(2A): substituted, on , by section 35 of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).
                                              • Section 89(2B): repealed, on , by section 35 of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).
                                              • Section 89(6)(c): amended, on , by section 31(1) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                                              • Section 89(8): substituted, on , by section 31(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                                              • Section 89(8A): inserted, on , by section 7(1) of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).
                                              • Section 89(11): repealed (without coming into force), on , by section 7(2) of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).