Fisheries Act 1996

Aquaculture - Spat catching - Harvestable spat

186ZC: Alteration of Schedule 8A

You could also call this:

"Changing the rules about harvestable spat in our fisheries laws"

Illustration for Fisheries Act 1996

The Governor-General can change the rules about harvestable spat in Schedule 8A. You can find Schedule 8A at DLM402004.html. The Minister must recommend these changes and consider things like size and location. The Minister can only recommend adding a species to Schedule 8A if it won't harm the adult population. You can find Schedule 8A at DLM402004.html. The Minister must talk to people who have an interest in the species before making a recommendation. The Minister must consult with people who have an interest in the species, like Māori and environmental groups. An order to change the rules is secondary legislation, which has its own publication requirements, see Part 3 of the Legislation Act 2019 for more information. This means the order must be published in a certain way.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM398346.


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186ZB: Subpart does not apply to fish farming under protected customary rights order or agreement, or

"Fish farming under special Māori agreements is exempt from this part of the law"


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186ZD: Interpretation, or

"What special words mean in the Fisheries Act"

Part 9AAquaculture
Spat catching: Harvestable spat

186ZCAlteration of Schedule 8A

  1. The Governor-General may, by Order in Council made on the recommendation of the Minister, alter Schedule 8A to omit, amend, or include any species of fish, aquatic life, or seaweed as harvestable spat.

  2. An Order in Council made under subsection (1) that declares any species of fish, aquatic life, or seaweed to be harvestable spat may do so with reference to—

  3. its size, biological characteristics, season, or location; and
    1. any other relevant matters.
      1. The Minister may make a recommendation under subsection (1) to include a species of fish, aquatic life, or seaweed in Schedule 8A only if he or she is satisfied that including the species in Schedule 8A is not likely to have an adverse effect on recruitment to the adult population of the species concerned.

      2. Before making a recommendation under subsection (1) to include a species of fish, aquatic life, or seaweed in Schedule 8A, the Minister must consult the persons or organisations that the Minister considers are representative of the classes of persons having an interest in the species concerned, including Māori, environmental, commercial, and recreational interests.

      3. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

      Notes
      • Section 186ZC: inserted, on , by section 8 of the Fisheries Amendment Act (No 3) 2004 (2004 No 104).
      • Section 186ZC(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).