Fisheries Act 1996

Recordkeeping, reporting, disposal of fish, and provisions relating to taking and possession of fish for purpose of sale

188: Conversion factors

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"How to measure fish and seafood using conversion factors"

Illustration for Fisheries Act 1996

The chief executive can set conversion factors to determine the weight of fish, aquatic life, or seaweed. You need to use these conversion factors for all purposes, including if you are accused of an offence against the Fisheries Act. The chief executive sets these conversion factors after talking to different groups, including Maori, environmental, commercial, and recreational interests. The chief executive can also issue a certificate for a specific vessel, which sets conversion factors for that vessel. You must use these conversion factors to determine the weight of fish, aquatic life, or seaweed processed by that vessel. The certificate can have conditions, such as how the fish are caught, processed, and labelled. The chief executive can set conversion factors for Foveaux Strait dredge oysters, which translate numbers into weights or vice versa. You must use these conversion factors for the purposes specified in the Gazette notice or the notice to the individual fisher. The chief executive can specify when and how to use these conversion factors, including when making returns and records. The chief executive can issue or revoke certificates at any time, and the certificate takes effect on a specified date. You must follow the conditions of the certificate, and the chief executive can amend or replace it at any time. The conversion factors are used to determine the weight or number of Foveaux Strait dredge oysters for specific purposes, as stated in the notice.

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187: References to weight of fish, aquatic life, or seaweed to be references to greenweight, or

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188A: Spat ratio, or

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Part 10Recordkeeping, reporting, disposal of fish, and provisions relating to taking and possession of fish for purpose of sale

188Conversion factors

  1. The chief executive may, by notice in the Gazette, after consultation with such bodies or persons as the chief executive considers appropriate in the circumstances, including Maori, environmental, commercial, and recreational interests, set conversion factors which shall, subject to subsection (2), for all purposes (including any proceedings for an offence against this Act) be used to determine the weight of any fish, aquatic life, or seaweed, and such conversion factors shall be used to translate—

  2. the weight of the fish, aquatic life, or seaweed in the state to which it has been processed to the greenweight, or meatweight, as the case may be; or
    1. the weight of the fish, aquatic life, or seaweed, when taken, to the meatweight.
      1. The chief executive may, in respect of any vessel on which fish, aquatic life, or seaweed is processed, having regard to the method of processing or the processing history of the vessel and after consultation with the owner, operator, or master of the vessel, issue a certificate specifying conversion factors for that vessel which shall for all purposes (including any proceedings for an offence against this Act) be used to determine the weight of any fish, aquatic life, or seaweed processed by that vessel within the terms of the certificate.

      2. Every certificate issued under subsection (2)—

      3. shall apply in respect of fish, aquatic life, or seaweed processed during the currency of the certificate:
        1. may be subject to such conditions, including conditions relating to methods of taking, processing, packing, and labelling of fish, aquatic life, or seaweed, the presence of observers or fishery officers, or the recording of catches, as the chief executive thinks fit to impose:
          1. may at any time be revoked by the chief executive by notice in writing, or may be amended or replaced by a further certificate issued by the chief executive under subsection (2).
            1. Any certificate issued under subsection (2) may be issued for such term as the chief executive thinks fit, and the certificate, or any revocation of the certificate, shall take effect on the date specified for the purpose by the chief executive, which date shall be not earlier than the earliest of the following dates or occasions:

            2. the commencement of the fishing year following that in which the owner, operator, or master of the vessel is issued with the certificate or notified of the revocation:
              1. the next departure of the vessel from any New Zealand port following the issue of the certificate or notification of the revocation:
                1. the day on which any observer who is present on the vessel concerned, after the owner, operator, or master is issued with the certificate or notified of the revocation, certifies that the current catch of the vessel has been recorded by that observer:
                  1. such earlier date as may be agreed between the chief executive and the owner, operator, or master of the vessel.
                    1. The chief executive may, for any purpose referred to in section 59(6A) or section 368A(11) of this Act, by notice in the Gazette or where appropriate by notice to an individual fisher or other person affected,—

                    2. set conversion factors for translating numbers of Foveaux Strait dredge oysters into weights, or vice versa:
                      1. specify the circumstances in which or purpose for which any such Foveaux Strait dredge oyster conversion factors may or must be used, including the making of returns and records.
                        1. Any conversion factors specified under subsection (5) are to be used for determining the weight or number (as the case may require) of Foveaux Strait dredge oysters only for the purposes specified in the Gazette notice or the notice to the individual fisher or other person affected.

                        Compare
                        • 1983 No 14 s 3A
                        • 1986 No 34 s 4
                        • 1990 No 29 s 3
                        Notes
                        • Section 188(1): amended, on , by section 18 of the Fisheries (Remedial Issues) Amendment Act 1998 (1998 No 67).
                        • Section 188(5): added, on , by section 7 of the Fisheries (Foveaux Strait Dredge Oyster Fishery) Amendment Act 1998 (1998 No 6).
                        • Section 188(5): amended, on , by section 23 of the Fisheries Amendment Act 2022 (2022 No 56).
                        • Section 188(6): added, on , by section 7 of the Fisheries (Foveaux Strait Dredge Oyster Fishery) Amendment Act 1998 (1998 No 6).