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Fisheries Act 1996

Miscellaneous provisions

298: Regulations relating to sustainability measures

You could also call this:

"Rules to protect fish and sea creatures"

Illustration for Fisheries Act 1996

The Governor-General can make rules to help keep fish and other sea creatures safe. You can find more information about this in section 297 and section 11. These rules can include limits on fishing to protect animals. The Governor-General can also make rules if there is no plan to manage the population of protected species. You can read about this in section 14F of the Wildlife Act 1953 and section 3E of the Marine Mammals Protection Act 1978. These rules can help stop fishing from harming protected species. If there is a plan to manage the population of protected species, the Governor-General can make rules to ensure it is followed. You can find more information about this in section 14F of the Wildlife Act 1953 and section 3E of the Marine Mammals Protection Act 1978. The Governor-General can also make rules to require people to provide information about fishing. These rules are called secondary legislation, which you can read about in Part 3 of the Legislation Act 2019. If the rules require people to provide information, they must say so. You can find more information 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=DLM399919.

Topics:
Environment and resources > ConservationEnvironment and resources > Farming and fishing
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"Rules for Fishing in New Zealand"

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Part 16Miscellaneous provisions

298Regulations relating to sustainability measures

  1. Without limiting the generality of section 297, the Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

  2. implementing any sustainability measure or the variation of any sustainability measure set or varied under section 11, and such regulations may be made for all or any of the purposes referred to in that section:
    1. if there is no applicable approved population management plan for the time being in force under section 14F of the Wildlife Act 1953 or section 3E of the Marine Mammals Protection Act 1978, imposing such measures as may be necessary or expedient to avoid, remedy, or mitigate the effect of fishing-related mortality on any protected species, which measures may include setting a limit on fishing-related mortality:
      1. if there is an applicable approved population management plan for the time being in force under section 14F of the Wildlife Act 1953 or section 3E of the Marine Mammals Protection Act 1978, imposing such measures as may be necessary or expedient—
        1. to ensure that the maximum allowable fishing-related mortality level set by the relevant population management plan is not exceeded:
          1. to further avoid, remedy, or mitigate any adverse effects of fishing on the relevant protected species:
          2. requiring, or authorising the Minister or the chief executive to require, any person or class of persons specified in section 189 to provide the Minister or the chief executive with such information relating to fishing-related mortality as the Minister or the chief executive may require for the purpose of this Act, including regulations requiring the information to be provided in a specified manner.

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

            2. If the regulations authorise the Minister or chief executive under subsection (1)(d) to require a class of persons to provide information relating to fishing-related mortality,—

            3. the instrument by which that requirement is imposed is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements); and
              1. the regulations must contain a statement to that effect.

                Notes
                • Section 298(2): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
                • Section 298(3): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).