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Fisheries Act 1996

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

191: Disposal of fish by commercial fishers

You could also call this:

"Rules for commercial fishers getting rid of caught fish"

Illustration for Fisheries Act 1996

If you are a commercial fisher, you cannot sell or get rid of fish, aquatic life, or seaweed except to a licensed fish receiver, or as provided in certain subsections, or by an approved method. You can sell or dispose of a small amount of fish, like 10 kilogrammes of finfish, to someone who is not a licensed fish receiver if the transaction happens on or near your vessel. You must keep records of these transactions as required by regulations made under the Act, and you cannot enter into more than one transaction with the same person within 24 hours.

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Environment and resources > Farming and fishingBusiness > Industry rules
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"Keeping track of fishing business information"

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"Rules for Buying and Selling Fish in New Zealand"

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

191Disposal of fish by commercial fishers

  1. In this section and section 192, commercial fisher includes a person who holds an international fishing permit issued under section 113H.

  2. No commercial fisher may sell or otherwise dispose of fish, aquatic life, or seaweed, taken by the commercial fisher in that capacity, except—

  3. to a licensed fish receiver; or
    1. as provided in subsection (2) or (5); or
      1. by an approved alternative method of disposal in accordance with regulations made under section 297.

        1. Any commercial fisher may sell or otherwise dispose of, in any one transaction, not more than—

        2. 10 kilogrammes of finfish; or
          1. 6 kilogrammes of shellfish (other than Foveaux Strait dredge oysters or shellfish of class Crustacea); or
            1. 60 Foveaux Strait dredge oysters; or
              1. 3 kilogrammes of shellfish of class Crustacea; or
                1. any combination of such finfish or shellfish within those limits—
                    1. taken by the commercial fisher to any person who is not a licensed fish receiver if the transaction takes place on, or in the vicinity of, the vessel used by the commercial fisher to take the fish, aquatic life, or seaweed, or at some other place approved by the chief executive.

                  1. A commercial fisher shall not enter into more than 1 transaction referred to in subsection (2) with the same person within any 24-hour period.

                  2. Every commercial fisher who sells or otherwise disposes of any finfish or shellfish under subsection (2) shall, at the time of the transaction, make such records of the transaction as the commercial fisher is required to make under regulations made under this Act.

                  3. Subsection (1) does not apply in respect of fish, aquatic life, or seaweed—

                  4. landed outside New Zealand in accordance with any approval granted by the chief executive under section 110; or
                    1. lawfully abandoned or returned, in accordance with section 72, to the sea or waters from which the fish, aquatic life, or seaweed was taken; or
                      1. lawfully used by the commercial fisher who took the fish, aquatic life, or seaweed as bait, or consumed on board the vessel from which the fish, aquatic life, or seaweed was taken; or
                        1. lawfully taken on the high seas and landed in any country other than New Zealand; or
                          1. lawfully taken on the high seas and transhipped in accordance with an international fishing permit issued under section 113H.

                            1. Every commercial fisher commits an offence and is liable to the penalty set out in section 252(3) who contravenes any provision of this section.

                            2. In proceedings for an offence relating to a contravention of subsection (1),—

                            3. the prosecutor need not assert in the charging document that any exception or excuse in subsection (2) or (5) does not apply; and
                              1. the burden of proving that the exception set out in subsection (5)(d) applies lies on the defendant.

                                Compare
                                • 1983 No 14 s 67
                                • 1986 No 34 s 13(1)
                                • 1990 No 29 s 34
                                Notes
                                • Section 191(1A): inserted, on , by section 18(1) of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).
                                • Section 191(1A): amended, on , by section 54 of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).
                                • Section 191(1): replaced, on , by section 8 of the Fisheries Amendment Act 2022 (2022 No 56).
                                • Section 191(2)(b): substituted, on , by section 8 of the Fisheries (Foveaux Strait Dredge Oyster Fishery) Amendment Act 1998 (1998 No 6).
                                • Section 191(2)(ba): inserted, on , by section 8 of the Fisheries (Foveaux Strait Dredge Oyster Fishery) Amendment Act 1998 (1998 No 6).
                                • Section 191(5)(c): amended, on , by section 18(2) of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).
                                • Section 191(5)(d): added, on , by section 18(3) of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).
                                • Section 191(5)(d): amended, on , by section 22 of the Fisheries (Remedial Issues) Amendment Act 2001 (2001 No 33).
                                • Section 191(5)(e): added, on , by section 18(3) of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).
                                • Section 191(5)(e): amended, on , by section 54 of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).
                                • Section 191(7): inserted, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).