Fisheries Act 1996

If you need more information about this Act, please contact the administering agency: Ministry for Primary Industries and Overseas Investment Office
113H Issue of high seas fishing permit

(1)

The chief executive may issue a high seas fishing permit only if the chief executive is satisfied that—

(a)

the vessel to which the permit relates is registered—

(i)
(ii)

in the Fishing Vessel Register as either a fish carrier or a fishing vessel; and

(b)

the applicant has not engaged in fishing or transportation—

(i)

in a manner that undermined the effectiveness of international conservation and management measures; and

(ii)

that has resulted in a high seas fishing permit, or an equivalent authorisation granted by a participating State or a party to the FAO Compliance Agreement, being suspended or revoked during the 3 years immediately preceding the application (the 3-year period); and

(c)

the applicant has not engaged in fishing or transportation on the high seas during the 3-year period—

(i)

without a high seas fishing permit (or equivalent authorisation granted by a participating State), if a high seas fishing permit was required for that fishing or transportation; and

(ii)

in a manner that undermined the effectiveness of international conservation and management measures.

(2)

Before issuing a high seas fishing permit, the chief executive may have regard to—

(a)

the previous offending history (if any), in relation to fishing or transportation (whether within the national fisheries jurisdiction of New Zealand or another country, or on the high seas), of the vessel’s owner, operator, foreign charterparty, notified user, master, or crew; and

(b)

such other matters as the chief executive considers relevant.

(3)

The chief executive may, but is not required to, issue a high seas fishing permit to a person even though that person may—

(a)

owe the Crown a levy payable under Part 14; or

(b)

have unpaid and overdue deemed value amounts of more than $1,000; or

(c)

hold a fishing permit that is subject to conditions by virtue of or under section 78(1) or (2).

Section 113H: inserted, on 1 May 2001, by section 16 of the Fisheries Act 1996 Amendment Act (No 2) 1999 (1999 No 103).