Fisheries Act 1996

International fishing

113B: Interpretation

You could also call this:

"What special words mean in the Fisheries Act"

Illustration for Fisheries Act 1996

When you read this part of the law, some words have special meanings. A beneficial owner is explained in section 113BA. The FAO Compliance Agreement is an international agreement about fishing. You need to know what some other words mean too. A final IUU vessel list is a list of vessels that have been used for illegal fishing. It is published on the Ministry's website. A flag State is the country where a vessel is registered. Some vessels have no nationality, which means they are not registered in any country. International conservation and management measures are rules to protect fish and the ocean. IUU fishing means illegal fishing, which is explained in section 113BB. A global, regional, or subregional fisheries organisation or arrangement is a group of countries working together to manage fish stocks. A notified global, regional, or subregional fisheries organisation or arrangement is a group that has been officially recognised. A participating State is a country that has agreed to follow the Fish Stocks Agreement. A serious violation is something that is very wrong, and it is defined in the Fish Stocks Agreement. Undermining the effectiveness of international conservation and management measures means doing something that stops these rules from working, which is explained in section 113BC.

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Part 6AInternational fishing

113BInterpretation

  1. In this Part, unless the context otherwise requires,—

    beneficial owner has the meaning set out in section 113BA

      FAO Compliance Agreement means the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, done at Rome on 24 November 1993

        final IUU vessel list means a list that—

        1. identifies vessels that a global, regional, or subregional fisheries organisation or arrangement determines have been used to carry out or assist IUU fishing; and
          1. has been adopted by the global, regional, or subregional fisheries organisation or arrangement as the final version of the list; and
            1. is published on, or available via a link that is published on, an Internet site maintained by or on behalf of the Ministry

              flag State, in relation to a vessel that is not a New Zealand ship, means—

              1. the State in which the vessel is registered; or
                1. if the vessel is unregistered, the State whose flag the vessel flies

                  foreign high seas inspector means a person who is duly authorised, by a State that is a member of or is a participant in a notified global, regional, or subregional fisheries organisation or arrangement, to exercise the enforcement powers of an inspector in relation to the area covered by the organisation or arrangement under—

                  1. the Fish Stocks Agreement; or
                    1. the boarding and inspection procedures of the organisation or arrangement

                      global, regional, or subregional fisheries organisation or arrangement means an agreement or arrangement established to conserve and manage the fish stocks of an area, region, or subregion

                        international conservation and management measures means measures adopted by a global, regional, or subregional fisheries organisation or arrangement to conserve or manage 1 or more species of living marine resources

                          IUU fishing has the meaning set out in section 113BB

                            notified global, regional, or subregional fisheries organisation or arrangement means a global, regional, or subregional fisheries organisation or arrangement that is notified in accordance with section 113C

                              participating State means a foreign State or an organisation of foreign States that is certified by the Secretary of Foreign Affairs and Trade under section 113C as being a party to the Fish Stocks Agreement

                                serious violation has the meaning given to it by Article 21.11 of the Fish Stocks Agreement

                                  ship without nationality means a vessel that—

                                  1. is not registered in, or otherwise entitled to fly the flag or display the marks of registry of, any State; or
                                    1. sails under the flags of 2 or more States, or under the flags of a State, using them according to convenience

                                      undermine the effectiveness of international conservation and management measures has the meaning set out in section 113BC.

                                      Notes
                                      • Section 113B: inserted, on , by section 16 of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).
                                      • Section 113B beneficial owner: inserted, on , by section 20(1) of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).
                                      • Section 113B final IUU vessel list: inserted, on , by section 20(1) of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).
                                      • Section 113B foreign high seas inspector: amended, on , by section 20(2) of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).
                                      • Section 113B global, regional, or subregional fisheries organisation or arrangement: replaced, on , by section 20(3) of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).
                                      • Section 113B international conservation and management measures: replaced, on , by section 20(4) of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).
                                      • Section 113B IUU fishing: inserted, on , by section 20(1) of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).
                                      • Section 113B notified global, regional, or subregional fisheries organisation or arrangement: inserted, on , by section 20(1) of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).
                                      • Section 113B ship without nationality: inserted, on , by section 20(1) of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).
                                      • Section 113B undermine the effectiveness of international conservation and management measures: inserted, on , by section 20(1) of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).