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Fisheries Act 1996

Access to fishery - Fishing permits

93: Qualifications for holding fishing permit and moratorium

You could also call this:

"Who can get a permit to catch certain fish and seaweed?"

Illustration for Fisheries Act 1996

You can get a fishing permit to take fish, aquatic life, or seaweed from certain stocks or species listed in Schedule 4C. You must have held a current fishing permit on 30 September 1992 under section 63 of the Fisheries Act 1983. You must have also taken fish, aquatic life, or seaweed lawfully during a certain period. You can take a stock or species listed in Schedule 4C if it is the same as one you caught before. The chief executive looks at your fishing records to decide if you can get a permit. They only look at records from before 15 October 1992. This rule does not apply to tuna. You might have got a permit under section 2(2) of the Fisheries Amendment Act 1994. In that case, you can take a stock or species listed in Schedule 4C if it was named on your permit.

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92: Fishing permit may be issued subject to conditions, or

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

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93A: Fishing permits subject to moratorium issued to related persons on death of fishing permit holder, or

"What happens to a fishing permit when the holder dies"

Part 6Access to fishery
Fishing permits

93Qualifications for holding fishing permit and moratorium

  1. Subject to section 93A, no fishing permit authorising the taking of fish, aquatic life, or seaweed of a stock or species listed in Schedule 4C shall be issued to any person unless either—

  2. all of the following apply:
    1. on 30 September 1992, that person held a current fishing permit under section 63 of the Fisheries Act 1983 in respect of stocks not subject to a quota management system under that Act; and
      1. during the period commencing on 1 October 1990 and ending with the close of 30 September 1992, that person lawfully took fish, aquatic life, or seaweed under the authority of the fishing permit held by that person; and
        1. the chief executive is satisfied that the fish, aquatic life, or seaweed taken by that person, during that period were—
          1. 1 or more of the stocks named in the fishing permit held by that person; and
            1. caught as a target stock (other than bycatch); or
          2. a fishing permit was issued to that person under section 2(2) of the Fisheries Amendment Act 1994.

            1. A fishing permit issued under subsection (1) shall not authorise a person to take a stock or species listed in Schedule 4C, unless either—

            2. the stock—
              1. is of the same species as 1 or more of the stocks referred to in subsection (1)(a)(iii)(A) that were caught as a target stock (other than bycatch) during the period referred to in subsection (1)(a)(ii); and
                1. was named in the fishing permit held by that person on 30 September 1992; or
                2. in the case of a fishing permit issued to a person referred to in subsection (1)(b), the stock was named on the permit issued to that person under section 2(2) of the Fisheries Amendment Act 1994.

                  1. In satisfying himself or herself on any matter under this section, the chief executive shall only have regard to information from fishing records or returns duly completed and provided before 15 October 1992 in the prescribed manner or in accordance with requirements made under section 66(3) of the Fisheries Act 1983.

                  2. This section does not apply to tuna.

                  Compare
                  • 1983 No 14 s 63(13)
                  • 1986 No 34 ss 10, 13(1)
                  • 1992 No 137 s 4
                  Notes
                  • Section 93(1): amended, on , by section 38(1) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).
                  • Section 93(1): amended, on , by section 34 of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).
                  • Section 93(2): amended, on , by section 38(2) of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).