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Natural Environment Bill

Combined plan and other matters - National environment plans - Fishing and aquaculture

115: Aquaculture areas

You could also call this:

"Rules for areas where fish and seafood are farmed"

Illustration for Natural Environment Bill

A new law is being proposed that affects aquaculture areas. You will see changes to how these areas are managed. A natural environment plan can set aside areas for aquaculture, which includes farming fish and other seafood. This plan can be used to manage aquaculture in certain areas, like those set aside under the Māori Commercial Aquaculture Claims Settlement Act 2004. If a natural environment plan sets aside an aquaculture area, it must make sure the area is mainly used for aquaculture. The plan must also clearly define the area's boundaries using geographic co-ordinates. You cannot apply for a coastal permit to occupy space in an aquaculture area until a certain date, which will be announced in a public notice. The plan must also stop applications for coastal permits for aquaculture in areas where the chief executive has made a decision to reserve it for customary fishing, recreational fishing, or commercial fishing. A rule in the plan for an aquaculture area can be affected by a decision made by the chief executive under the Fisheries Act 1996. The chief executive in charge of the Fisheries Act 1996 will make these decisions.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1521062.

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Topics:
Environment and resources > Farming and fishingBusiness > Industry rules
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114: Rules that control fishing do not apply to Māori customary non-commercial fishing rights in specified legislation, or

"Māori can keep their traditional fishing rights, and fishing rules don't apply to them."

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116: Restriction on classifying aquaculture as permitted activity in coastal marine area, or

"No new aquaculture in coastal areas without a proper process."

Part 3Combined plan and other matters
National environment plans: Fishing and aquaculture

115Aquaculture areas

  1. A natural environment plan may prescribe aquaculture areas, including for the purposes of—

  2. providing for, and managing, aquaculture activities in an aquaculture settlement area gazetted under the Māori Commercial Aquaculture Claims Settlement Act 2004; and
    1. enabling requests to be made for aquaculture area decisions under section 47.

      1. A natural environment plan that prescribes an aquaculture area—

      2. ensure that an aquaculture area is used principally for aquaculture activities; and
        1. must specify the boundaries of aquaculture area using geographic co-ordinates; and
          1. must ensure that no application (other than under an authorisation) can be made for a coastal permit to occupy space in an aquaculture area before a date to be specified in a public notice; and
            1. must ensure that no application (other than under an authorisation) can be made for a coastal permit for aquaculture activities in any part of the aquaculture area where the relevant chief executive has made an aquaculture area decision that is a reservation related to customary fishing or recreational fishing or commercial fishing for stocks not subject to the quota management system.

              1. A rule in a plan that applies to an aquaculture area may be subject to an aquaculture area decision by the relevant chief executive under the Fisheries Act 1996.

              2. In this clause, relevant chief executive means the chief executive of the department responsible for administering the Fisheries Act 1996.