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Fisheries Act 1996

International fishing

113BB: Meaning of IUU fishing

You could also call this:

"What is IUU fishing: fishing that's against the law, not reported, or has no rules"

Illustration for Fisheries Act 1996

You hear the term IUU fishing. It means fishing that is illegal, unreported, or unregulated. IUU fishing can also be defined by global or regional fishing organisations. It can be defined by the law of the country where the fishing is happening. You might wonder what illegal fishing is. It is when a boat fishes in a way that breaks international rules. It is also when a boat fishes in a country's waters without permission. Fishing is illegal if it breaks New Zealand laws or international rules. You might also wonder what unreported fishing is. It is when fishing is not reported correctly. This can be against the rules of a global or regional fishing organisation. It can also be against New Zealand laws. Fishing is unregulated if there are no rules to follow. This can happen if a boat is fishing in international waters with no rules. It can also happen if a boat is fishing in a way that breaks international rules. There are some important words to know. A co-operating non-member is a country that is not part of a fishing organisation. But it still follows the organisation's rules. A relevant global or regional fishing organisation is one that looks after the fish in the area where the fishing is happening.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1522874.

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Part 6AInternational fishing

113BBMeaning of IUU fishing

  1. In this Part, IUU fishing means fishing that—

  2. is illegal, unreported, or unregulated, as those terms are defined in subsections (2) to (4); or
    1. otherwise comes within the definition of IUU fishing (or an equivalent term or terms) as defined by either or both of the following:
      1. a relevant global, regional, or subregional fisheries organisation or arrangement:
        1. the law of the national fisheries jurisdiction in which the fishing is carried out.

        2. Fishing is illegal if 1 or more of the following apply:

        3. the fishing is carried out by a vessel—
          1. whose flag State is party to a relevant global, regional, or subregional fisheries organisation or arrangement; and
            1. in contravention of an international conservation and management measure of the organisation or arrangement that is binding on the flag State:
            2. the fishing is carried out in the national fisheries jurisdiction of a country without the permission of that country or in contravention of its law:
              1. the fishing otherwise contravenes either or both of the following:
                1. international obligations that apply to the fishing, including obligations undertaken by co-operating non-members of a relevant global, regional, or subregional fisheries organisation or arrangement:
                  1. domestic laws that apply to the fishing.

                  2. Fishing is unreported if it is not reported, or is misreported, in contravention of either or both of the following:

                  3. reporting procedures of a relevant global, regional, or subregional fisheries organisation or arrangement that apply to the fishing:
                    1. domestic laws that apply to the fishing.

                      1. Fishing is unregulated if—

                      2. there is a relevant global, regional, or subregional fisheries organisation or arrangement, and—
                        1. the fishing is carried out by a ship without nationality; or
                          1. the fishing—
                            1. is carried out by a vessel whose flag State is not bound by the international conservation and management measures of the organisation or arrangement; and
                              1. is inconsistent with 1 or more of those measures; or
                            2. there is no relevant global, regional, or subregional fisheries organisation or arrangement, and the fishing is inconsistent with State responsibilities for the conservation of living marine resources under international law.

                              1. In this section,—

                                co-operating non-member, in relation to a relevant global, regional, or subregional fisheries organisation or arrangement, means a State that—

                                1. is not a party to the organisation or arrangement; but
                                  1. has undertaken to comply with international conservation and management measures of the organisation or arrangement

                                    relevant global, regional, or subregional fisheries organisation or arrangement, in relation to fishing, means a global, regional, or subregional fisheries organisation or arrangement that—

                                    1. is responsible for a fish stock that is affected by the fishing; and
                                      1. covers the area, region, or subregion of the high seas in which the fishing is carried out.

                                      Notes
                                      • Section 113BB: inserted, on , by section 21 of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).