Fisheries Act 1996

Repeals, amendments, validations, savings, and transitional provisions - Introduction of scampi into quota management system

369R: Application of certain provisions to scampi

You could also call this:

"Special rules for scampi fishing in New Zealand"

Illustration for Fisheries Act 1996

When it comes to scampi, some rules apply differently. You need to know that sections 36 and 37 apply to scampi, but with some changes. The time period is 10 working days, not 20 working days. Some other sections, like sections 42 to 44, 46 to 49, 51 to 53, and 54, also apply to scampi. These sections are about allocating individual transferable quota for scampi. You can find more information about these sections in the links provided. Section 45 applies to scampi, but with a different declaration. This declaration is like a notice in the Gazette under section 18. Section 51 must be read in a special way for scampi, with some substitutions. For scampi, some words have special meanings. Eligible catch means something specific, as defined in section 34(2). Eligible return also has a special meaning, as defined in section 32(2). You can find more information about these definitions in the links provided.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM400788.


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369Q: Public notification of provisional catch history allocation, or

"Notifying the public about scampi catch allocations and how to appeal"


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369S: Green-lipped mussel in quota management area 9 subject to quota management system, or

"Green-lipped mussels in area 9 have rules to control fishing"

Part 17Repeals, amendments, validations, savings, and transitional provisions
Introduction of scampi into quota management system

369RApplication of certain provisions to scampi

  1. Sections 36 and 37 apply in relation to scampi as if the references to 20 working days in sections 36(2)(b) and 37(2)(b) were instead references to 10 working days.

  2. Sections 42 to 44, 46 to 49, 51 to 53, 54(1)(a), (2), and (3), 55, and 283 to 293 apply to the allocation of individual transferable quota for scampi.

  3. Section 45 applies to scampi as if the declaration in section 369N(1) were a notice in the Gazette under section 18.

  4. For the purposes of subsection (2), section 51 must be read as if, for subsection (1) of that section, there were substituted the following subsection:

  5. Any person, including the chief executive, may, subject to subsection (3) and on or before the date specified in the notification referred to in section 369P(1)(c) or section 396Q(1)(c) appeal to the Catch History Review Committee against the allocation of provisional catch history under section 369O on the ground that the information used to calculate the provisional catch history—

  6. was incorrectly recorded by the chief executive; or
    1. excluded scampi that were lawfully taken and lawfully reported as landed or otherwise lawfully disposed of in eligible returns from the person's eligible catch during the period commencing with 1 October 1990 and ending with 30 September 1992.
      1. For the purposes of this section,—

      2. eligible catch has the meaning given it by section 34(2), as if—
        1. the provisional catch history for scampi allocated under section 369O were calculated in a manner consistent with section 34(1)(c); and
          1. the applicable qualifying years were the period commencing with 1 October 1990 and ending with 30 September 1992; and
          2. eligible return has the meaning given it by section 32(2).
            Notes
            • Section 369R: inserted, on , by section 5 of the Fisheries Amendment Act (No 2) 2004 (2004 No 71).