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Fisheries Act 1996

Repeals, amendments, validations, savings, and transitional provisions - Savings and transitional provisions

357: Provision relating to minimum quota holdings

You could also call this:

"Rules about the minimum amount of fish or seafood you can catch"

Illustration for Fisheries Act 1996

You have some quota to catch fish or seafood. If you had less quota than the minimum before a law changed, you are treated as if you were given that quota under the new law, and you must follow section 74. You must also follow section 74 if you had more quota than the minimum before the law changed, but now you have less than the minimum for a certain type of fish or seafood. You might have had a lease to catch a certain amount of fish or seafood. If the lease ends, you do not have to follow the rules about having less quota than the minimum for that type of fish or seafood. This law is also subject to section 340AA. You need to know about the Fisheries Act 1983 and the Fisheries Act 1983 to understand this law. The law talks about section 314 and section 347 or section 347A. It also talks about Schedule 8 and section 74(1).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM400497.

Topics:
Environment and resources > Farming and fishingBusiness > Industry rules
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"How to solve fishing disagreements"

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358: Provisions relating to permissions granted to overseas quota owners under section 28Z of Fisheries Act 1983, or

"Rules for overseas owners of fishing quotas"

Part 17Repeals, amendments, validations, savings, and transitional provisions
Savings and transitional provisions

357Provision relating to minimum quota holdings

  1. Every person who, immediately before the repeal of section 28S of the Fisheries Act 1983 by section 314, was entitled to take under quota or a lease of quota under the Fisheries Act 1983 an amount of fish, aquatic life, or seaweed less than the applicable minimum holding set out in section 28S(1) of that Act, shall be subject to section 74 as if that amount of quota had been allocated to that person under this Act.

  2. Every person who—

  3. immediately before the repeal of section 28S of the Fisheries Act 1983 by section 314 of this Act owned or held quota in excess of any minimum holding specified in section 28S(1)(a) or section 28S(1)(b) of the Fisheries Act 1983; and
    1. at the beginning of the fishing year in which this section comes into force is allocated, or has transferred to them under section 347 or section 347A, less annual catch entitlement for a stock listed in Schedule 8 than is specified in section 74(1),—
        1. is subject to section 74 as if the amount of quota owned or held by that person immediately prior to the repeal of section 28S of the Fisheries Act 1983 had been allocated to that person under this Act.

      1. Where a lease was the basis for a person's allocation of annual catch entitlement for any stock referred to in subsection (2)(b), whether in whole or in part, subsection (2) ceases to apply in respect of that person and that stock when the lease expires or otherwise ends.

      2. This section is subject to section 340AA.

      Notes
      • Section 357(2): added, on , by section 31 of the Fisheries Amendment Act 2001 (2001 No 65).
      • Section 357(3): added, on , by section 31 of the Fisheries Amendment Act 2001 (2001 No 65).
      • Section 357(4): added, on , by section 31 of the Fisheries Amendment Act 2001 (2001 No 65).