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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

192A: Restriction on acquisition of fish, aquatic life, and seaweed by fish farmers

You could also call this:

"Rules for fish farmers about getting and keeping fish, aquatic life, and seaweed"

Illustration for Fisheries Act 1996

If you are a fish farmer, you can only have fish, aquatic life, or seaweed if you got it from another fish farmer or a licensed fish receiver. You can also have fish, aquatic life, or seaweed if you bred or cultivated it yourself. You can have harvestable spat that settled on your fish farm structures if they were put there legally and the spat is a type you are allowed to have. The chief executive can let you have fish, aquatic life, or seaweed even if you are not supposed to. They will think about where the fish, aquatic life, or seaweed came from and what type it is. They will also think about how much of it you have. If you want the chief executive to let you have fish, aquatic life, or seaweed, you have to ask them and maybe pay a fee. If you have fish, aquatic life, or seaweed and you are not supposed to, you can get in trouble and have to pay a penalty, as stated in section 252(3). If someone is accusing you of having fish, aquatic life, or seaweed when you are not supposed to, you have to prove that you are allowed to have it. The chief executive can make special rules, which are called secondary legislation, and you can learn more about this in Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM398393.

Topics:
Environment and resources > Farming and fishingBusiness > Industry rules
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192: Restrictions on purchase or acquisition of fish by certain persons, or

"Rules for Buying and Selling Fish in New Zealand"

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

192ARestriction on acquisition of fish, aquatic life, and seaweed by fish farmers

  1. No fish farmer may acquire or be in possession of any fish, aquatic life, or seaweed unless the fish, aquatic life, or seaweed was—

  2. purchased or acquired from another fish farmer or a licensed fish receiver; or
    1. lawfully bred or cultivated by the fish farmer; or
      1. harvestable spat that settled on fish farm structures if—
        1. the structures were lawfully placed or erected in the fish farm; and
          1. the spat was of a species specified in the fish farmer's registration for the fish farm.

          2. The chief executive may, by notice, grant exemptions from subsection (1)—

          3. in respect of a specified fish farmer, class of fish farmers, or fish farmers generally:
            1. in respect of 1 or more species or states of fish, aquatic life, or seaweed.

              1. In deciding whether to grant an exemption, the chief executive must have regard to—

              2. the origin of the fish, aquatic life, or seaweed; and
                1. the species life cycle and state of the fish, aquatic life, or seaweed; and
                  1. the quantities of the fish, aquatic life, or seaweed; and
                    1. any other matter that the chief executive considers relevant.

                      1. The chief executive may grant an exemption to a specified fish farmer only if the fish farmer has—

                      2. applied, on an approved form, to the chief executive for the exemption; and
                        1. paid the prescribed fee (if any).

                          1. Every person who contravenes subsection (1) commits an offence and is liable to the penalty set out in section 252(3).

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

                          3. the prosecutor need not assert in the charging document that the exceptions set out in paragraphs (a) to (c) do not apply; and
                            1. the burden of proving that any of the exceptions set out in paragraphs (a) to (c) applies lies on the defendant.

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

                              Notes
                              • Section 192A: inserted, on , by section 10 of the Fisheries Amendment Act (No 3) 2004 (2004 No 104).
                              • Section 192A(2): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                              • Section 192A(6): inserted, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).
                              • Section 192A(7): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).