Fisheries Act 1996

Registration of transfers, mortgages, caveats, etc - Acquisitions by operation of law

163: Chief executive may transfer quota or annual catch entitlement

You could also call this:

"The boss of fisheries can give quota to someone else or the government."

Illustration for Fisheries Act 1996

The chief executive can transfer quota shares or annual catch entitlement to the Crown or someone else. This can happen because of a change in the total allowable commercial catch under section 22 or section 23, or an appeal under section 51, or if quota shares are taken by the Crown. The chief executive will update the register to show the transfer and change any relevant details.

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Part 8Registration of transfers, mortgages, caveats, etc
Acquisitions by operation of law

163Chief executive may transfer quota or annual catch entitlement

  1. The power of the chief executive to transfer any quota shares or annual catch entitlement to the Crown or any other person as a consequence of—

  2. a reduction in the total allowable commercial catch under section 22 or an increase in the total allowable commercial catch under section 23; or
    1. the determination of any appeal under section 51; or
      1. any forfeiture to the Crown of any quota shares or annual catch entitlement—
        1. may be exercised notwithstanding the existence of any mortgage or caveat or settlement quota interest over any quota shares or annual catch entitlement.

        2. The chief executive shall make on the register any entry necessary to show that any quota shares or annual catch entitlement have been transferred in accordance with this section, and alter any relevant mortgage or caveat or settlement quota interest accordingly.

        Notes
        • Section 163(1): amended, on , by section 214 of the Maori Fisheries Act 2004 (2004 No 78).
        • Section 163(1)(b): amended, on , by section 43 of the Fisheries Amendment Act (No 3) 2004 (2004 No 76).
        • Section 163(2): amended, on , by section 214 of the Maori Fisheries Act 2004 (2004 No 78).
        • Section 163(2): amended, on , pursuant to section 90(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).