113FExemption from section 113E

1. The Minister may, on receipt of an application in the approved form accompanied by the prescribed fee (if any), exempt a New Zealand national from section 113E if the Minister is satisfied that—

2. the applicant is a citizen of another country and that country has jurisdiction over the applicant's proposed fishing activities on the high seas; and
3. New Zealand is not a participant in, or a member of, or has not accepted the obligations of, a global, regional, or subregional fisheries organisation or arrangement that covers the area of the high seas in which the applicant proposes to take or transport fish, aquatic life, or seaweed; and
4. the vessel to which the application relates has not been used to engage in—
   1. a relevant activity at any time within the 3 years immediately before the application was made; or
   2. a relevant activity that occurred at any earlier time and is the subject of—
      1. an ongoing prosecution for an offence against this Part; or
      2. a sentence that has not been served or a fine that has not been paid for an offence against this Part.

6. For the purposes of subsection (1)(c),—

7. a vessel is used to engage in a relevant activity if it is used for fishing or transportation in a manner that undermines the effectiveness of international conservation and management measures:
8. a prosecution is ongoing until any rights of appeal against conviction or sentence are exhausted or have expired.

9. An exemption granted by the Minister must be limited to 1 or more of the following, as specified in the exemption:

10. an area or areas of the high seas:
11. a species of fish, aquatic life, or seaweed:
12. a period of time.

13. The Minister may, by notice in writing to the holder of an exemption granted under subsection (1), amend or revoke the exemption.

14. Section 113E does not apply to a New Zealand national taking or transporting fish, aquatic life, or seaweed in accordance with an exemption granted under subsection (1).