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Fisheries Act 1996

Quota management system - Annual catch entitlement required before fishing

72A: Minister may require or permit fish or other animal that is aquatic life to be returned or abandoned

You could also call this:

"Minister's rules for returning or abandoning fish and aquatic life"

Illustration for Fisheries Act 1996

The Minister can make rules about returning or abandoning fish or other aquatic life. You might be allowed to return or abandon a stock or species if it has a good chance of surviving. The Minister considers things like how the stock or species was caught and how it was handled. The Minister can also make rules about when you must return or abandon a stock or species for a good reason, like to help the environment. You can check the section 72(2) or (3) for more information. The Minister must talk to people who are interested in the rules before making them. The Minister's decisions must be published in the Gazette. You can learn more about how these rules are published by reading Part 3 of the Legislation Act 2019. The rules can be changed or cancelled if needed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS777158.

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Environment and resources > ConservationEnvironment and resources > Farming and fishing
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Part 4Quota management system
Annual catch entitlement required before fishing

72AMinister may require or permit fish or other animal that is aquatic life to be returned or abandoned

  1. The Minister may make instruments for the purposes of section 72(2) or (3) in accordance with this section.

  2. An instrument made under this section may—

  3. permit a stock or species to be returned to or abandoned in the sea or other waters from which it was taken if the Minister is satisfied that the stock or species has an acceptable likelihood of survival if returned or abandoned in the manner specified by the instrument; or
    1. permit a stock or species to be returned to or abandoned in the sea or other waters from which it was taken if the Minister is satisfied that the stock or species—
      1. would damage other stocks or species taken by the commercial fisher if retained (for example, an ammoniating species); or
        1. is damaged as a result of unavoidable circumstances (for example, diseased or predated fish); or
        2. require a stock or species to be returned to or abandoned in the sea or other waters from which it was taken if the Minister is satisfied that the return or abandonment is for a biological, a fisheries management, or an ecosystem purpose and the stock or species has an acceptable likelihood of survival if returned or abandoned in the manner specified by the instrument.

          1. In considering the acceptable likelihood of survival of a stock or species under subsection (2)(a), the Minister must have regard to—

          2. the sustainability of the stock or species; and
            1. the method by which the stock or species is taken; and
              1. the handling practices for the stock or species taken; and
                1. the social, cultural, and economic factors that the Minister considers relevant.

                  1. The instrument may also—

                  2. provide that it applies to the stocks or species, or classes of stocks or species, specified in the instrument by reference to size, weight, or other physical characteristics:
                    1. provide that it applies in relation to—
                      1. the fishing methods, the use of fishing gear, or in the circumstances specified in the instrument; or
                        1. the classes of fishing methods, fishing gear, or circumstances specified in the instrument:
                        2. impose conditions and requirements that the Minister considers appropriate.

                          1. An instrument made under this section may be amended, replaced, or revoked.

                          2. Before making, amending, replacing, or revoking an instrument under this section, the Minister must consult any persons or organisations that the Minister considers are representative of the classes of persons having an interest in the proposed action.

                          3. The decision to make an instrument under this section must be notified in the Gazette.

                          4. An instrument made under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

                          Notes
                          • Section 72A: inserted, on , by section 6 of the Fisheries Amendment Act 2022 (2022 No 56).