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Fisheries Act 1996

Access to fishery - Fishing permits

92: Fishing permit may be issued subject to conditions

You could also call this:

"A fishing permit can have rules about what you can and can't do when fishing."

Illustration for Fisheries Act 1996

When you get a fishing permit, it must say what fish you can take. It must also list the fish you can take that are not part of the quota management system or listed in Schedule 4C. The permit must also list the fish you can take that are listed in Schedule 4C, if you have applied to take them. You might get a fishing permit with conditions. These conditions can be about where you fish, what methods you use, or what gear you can use. The chief executive can impose these conditions, and they can also change them later. If you break any of the conditions on your fishing permit, you can get in trouble. You might have to pay a penalty, as stated in section 252(5). The chief executive can also take away your permit and give you a new one with different conditions.

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Topics:
Environment and resources > Farming and fishing
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Part 6Access to fishery
Fishing permits

92Fishing permit may be issued subject to conditions

  1. A fishing permit must—

  2. state that it authorises the taking of—
    1. stocks that are subject to the quota management system; and
      1. stocks or species that are neither subject to the quota management system nor listed in Schedule 4C; and
      2. list those stocks or species listed in Schedule 4C that the fishing permit holder, following application by that permit holder, is authorised to take.

        1. A fishing permit may be subject to any conditions that the chief executive considers appropriate, including—

        2. conditions relating to—
          1. areas or methods:
            1. the use or non-use of vessels, and the specific vessel (if any) that may be used:
              1. types and amounts of fishing gear:
                1. the taking or handling of fish, aquatic life, or seaweed:
                  1. places where fish, aquatic life, or seaweed may be landed:
                    1. periods of time within which the permit holder may take fish, aquatic life, or seaweed:
                    2. conditions that the chief executive may impose under section 78(6) as conditions of an approval to take fish, aquatic life, or seaweed despite a commercial fisher's catch having exceeded an over-fishing threshold or tolerance level.

                      1. The chief executive may from time to time, by written notice to a fishing permit holder, amend, add, or revoke any conditions of the permit, to take effect from a date specified in the notice.

                      2. The conditions that may be imposed on fishing permits under this section may be more restrictive or more onerous than the conditions imposed on fishing by any regulations or notice.

                      3. The chief executive may, if the chief executive considers it expedient to do so, require the holder of a fishing permit to surrender the permit and may replace that fishing permit with a new fishing permit containing the new conditions.

                      4. The conditions referred to in this section shall be substantially the same for all fishing permits in respect of the same stock, unless the chief executive is satisfied, on stated grounds, that different conditions are reasonable.

                      5. Every person commits an offence and is liable to the penalty set out in section 252(5) who contravenes any condition placed on any fishing permit by the chief executive under this section.

                      Notes
                      • Section 92(1): substituted, on , by section 37(1) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).
                      • Section 92(1A): inserted, on , by section 37(1) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).