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New Zealand

Table A: -Limits of territorial seas, fishing zones and exclusive economic zones-

STATE TERRITORIAL SEA FISHING ZONE ECONOMIC ZONE
*New Zealand 12 mi (1977) - 200 mi (1977)


Table B: -Licence fees, bilateral agreement or joint venture requirements and nationality criteria-

STATE Licence fees, royalties and others local currency Requirements concerning bilateral framework agreements or joint venture participation Nationality criteria for fishing vessels
NEW ZEALAND LEGISLATION
(1) Licence fees and royalties per ton:
-alfonsino = NZ$200; barracouta =
NZ$165; gemfish = NZ$200; hake = NZ$166; hapuku/bass = NZ$500; hoki = NZ$100; jack mackerel = NZ$70; ling = NZ$160; red cod = NZ$250; silver warehou = NZ$150; stargazer = NZ$110; any other species or class of fish = NZ$40 to NZ$69. (2) Fees for fish carrier = NZ$8 per fish carrying capacity for each voyage to the EEZ. Fees for support craft = NZ$4 per GRT for each voyage to the EEZ. (3) Licence fees and royalties for: squid (southern island) = $171 per ton; squid (rest of EEZ) = $285 per ton; tuna blue fin = $135 000 per vessel; yellowfin or albacore = $7 500 per vessel.
(EEZ (licence fees and royalties) Regulations, 1987)

AGREEMENTS
Note
: Agreements in force with Republic of Korea, the Russian Federation, and Japan, but fees set in Regulations cited above.
Treaty on Fisheries between governments of certain Pacific Island States and U.S.A., renewed on 15 June 1993 for 10 year extension, to be reviewed after 5 years.
Note:
See entry under Australia for global amout of fees and share formula between the Pacific Islands parties.

LEGISLATION
-Allowable catch for foreign fishing craft to be apportioned among foreign countries by the Minister.
-In practice, bilateral access agreements are required.
-Individual foreign fishing craft must be licensed.
(Territorial Sea and Exclusive Economic Zone Act 1977, sect. 13)
LEGISLATION
New Zealand fishing vessel defined as one whose owner must be a commercial fisherman, i.e:
-a person ordinarily resident in New Zealand; or,
-a corporated company which is registered in New Zealand and is controlled by one or more persons ordinarily resident in New Zealand. -Person ordinarily resident defined as a citizen not holding any interest in a foreign fishing craft or in a business outside New Zealand dealing with fish, or a person who resident in New Zealand from 2 1/2 years, at the satisfaction of the Director-General of Agriculture and fisheries.
(Fisheries Act. 1983, sects. 57(8) and (9))
Foreign owned New Zealand fishing vessel means a New Zealand fishing vessel that cannot be registered without the consent of Director General under section 57(8) of this Act. (S. 2)
(Fisheries Act 1983. consolidated)


Table C: -Coastal State requirements for foreign fishing-

STATE Foreign fishing vessel licence conditions
(other than reporting requirements) including observers, bonds, etc.
Logbook, and reporting requirements foreign fishing
NEW ZEALAND LEGISLATION
-Amount of allowable catch by fishery to foreign fishing crafts, depends on the TAC calculated for every fishery within the EEZ, the harvesting capacity of national crafts and consequently the apportioned catch by the Minister to nationals; the remainder (non harvested) of the portion allocated to national crafts constitutes allowable catch to foreign crafts. (Sect. 12)
-Apportionment of allowable catch by the Minister, to foreign fishing craft shall take into account the type of habitual fisheries relationship between the countries and existence of relevant international agreement. (Sect. 13)
-No foreign fishing within New Zealand EEZ without valid licence issued by the Minister. (Sect. 14)
(Territorial Sea and EEZ Act of 1977)
-Flag state to appoint national fisheries representatives, through whom all communications are to be made. (Reg. 4)
-National Fisheries representative to submit a fishing plan covering proposed operations of boats flying his country's flag, including proposed fishing areas, estimated number of boats, estimated times of arrival and departure from zone, duration of plan, likely port calls, proposed transhipments, catch landings and support operations. (Reg. 5)
-Licences to be delivered for endorsement within 72 hours where conditions are modified (reg. 11) or surrendered within 72 hours where suspended or cancelled. (Regs. 12 and 13)
-Licence to be maintained in good condition on craft. (Reg. 16)
-Compulsory port inspection on entry into zone and prior to departure, unless exempted by D.G.; no vessel to be used for fishing until clearance to fish is given by an enforcement officer at port of inspection. (Reg. 19)
-Craft to fly the flag of country of registration. (Reg. 23)
-Craft to display call sign in specified form legible from sea and air. (Reg. 24)
-Licensed craft to display lights and shapes required by International
Regulations for Preventing Collisions at Sea. (Reg. 25)
-Craft to carry interpreters into English. (Reg. 27)
-Licensed craft to carry latest edition of International Code of Signals. (Reg. 28)
-Restrictions on trawling and bottom lining in certain areas. (Reg. 31)
-Craft to stow gear when in area where not authorized to fish. (Reg. 32)
-Licensed foreign craft to steer at least 1/2 mile clear of set and marked gear. (Reg. 33)
-Transhipment of catch at sea prohibited without prior authorization. (Reg. 34)
-Landing of catch in New Zealand prohibited without authorization of D.G. (Reg. 35)
-Prohibition against discharge, etc. of substances liable to cause harm to fish or marine mammals, obstruct fishing equipment, or constitute a hazard to navigation. (Reg. 36)
-Craft to allow boarding by observers and enforcement officers, and to put into port for such purpose. (Reg. 37)
-Craft to allow observers full access to equipment records and fish on board, allow observers to make tests, observations and records as required, provide assistance and food, accommodation equivalent to that provided for officers. (Reg. 38)
-Craft to comply with instructions of enforcement officers. (Reg. 40)
(Exclusive Economic Zone (Foreign Fishing Craft) Regulations 1978)
-No vessel shall be used for driftnet fishing and no person shall engage in driftnet fishing in New Zealand fisheries waters. (Sect. 4)
(Driftnet Prohibition Act of 1991)
-Owner of foreign fishing craft licensed under Territorial Sea and EEZ Act 1977, prohibited from using individual transferable or transferable term fishing quota allocated under this Act to New Zealand fishermen. (Sect. 28(x), (y))
(Fisheries Act 1983. consolidated in 1990)
No person shall take any marine mammal alive or dead, without prior permit from the Minister, application for permit subject to restrictive conditions concerning applicant's reputation, objectives and course of fishing operations.
(Marine Mammals Protection Act. No. 80 of 1978)
AGREEMENTS
Pacific Island States/United States Treaty on Fisheries, April 1987
-The operator and all crew members shall allow and assist an observer designated by the Pacific Island parties. (Annex 1, Part 6)
-Application form contains: full name, radio call sign, regional register number of vessel, full names and addresses of each person who is an operator, full name and address of insurer, whether owner or charterer is insolvent, whether operator or vessel has been involved in a treaty violation. (Schedule l)
-Closed areas:
- Territorial waters; waters within 6 n.m. of outer boundary of territorial waters; all waters west of New Zealand main's islands and south of 39 degrees south latitude; all waters to east of New Zealand main islands south of 40 degrees South latitude; Tokelau waters: areas within 12 n.m. of all island and reef baselines; twelve and one half n.m. on either side of a line joining Atafu and Faka'ofo; and coordinates as follows:
Atafu: 835'10"S, 17229'30"W Nukunonu: 906'25"S, 17152'10"W
911'30"S, 17147'00"W
Faka'oko: 922'30"S, 17116'30"W
AMDT No. 4 - Licensing of U.S. purseiners pursuant to U.S./Pacific Island
States Treaty, signed April 1987
36B - Minister of Fisheries may grant a highly migratory species licence for foreign fishing craft issued with regional fishery licence.
Agreements in force between New Zealand, Republic of Korea, Japan, and the Russian Federation (as of 1991)
-Government of New Zealand will annually determine the allocation to foreign vessels of parts of surpluses of fisheries (or parts of fisheries).
-Foreign vessels shall obtain licences in accordance with New Zealand Law in order to fish for these allocations.
-All foreign fishing vessels must allow and assist boarding by New Zealand officials for inspection or enforcement purposes.
-All fishing vessels must comply at all times with instructions given by any vessel or aircraft of NZ Armed Forces or other NZ Government vessels or aircraft.
-Licensed vessels will comply with New Zealand Laws for management and conservation of living resources of EEZ.
LEGISLATION
-Notification of proposed entry into zone to be given to Director General at least 24 hours in advance. (Reg. 18)
-Notification to include details of craft, including name, call sign and country of registration, location of entry, port to which vessel will proceed for inspection, fish on board (species, quantity and condition). (Reg. 18)
-Notification of proposed port calls to be given to D.G. at least 24 hours in advance. (Reg. 22)
-Craft must maintain ship's log and separate fishing log in English, with daily entries of effort, method of fishing, areas, catch, by-catch discards. (Reg. 29)
-Fishing log to be forwarded to D.G. within 72 hours of arrival in N.Z. port. (Reg. 29)
-Licensed craft to report position daily (trawling, purse-seining and longlining) or weekly (others). (Reg. 29)
-Catch (species, quantity and area) to be reported weekly. (Reg. 29)
-National Fisheries Representative to report filling of country quota. (Reg. 30)
(Exclusive Economic Zone (Foreign Fishing Craft) Regulations, 1978)
AGREEMENTS
Pacific Island States/United States Treaty on Fisheries, April 1987
Licensing area reports to the administrator:
-Port departure and entry into port for unloading:
- report type (LBEG for port departure to begin fishing and LFIN for port entry for unloading);
- date
- call sign
- port name
- catch on board by species (in short tons)
Weekly reports:
- report type (WEEK);
- date
- call sign
- position (to one minute of arc)
- catch on board by species.
(Schedule 4, part 1)
Reports to national authorities:
- report type (PENT);
- call sign
- date
- estimated time of entry into port (GMT)
- port name.
(Schedule 4, part 2)
Other national reporting requirements:
-While in the New Zealand EEZ, notification of daily noon position, to be received no later than noon of the following day.
-Notice of catch on board vessel at time of entry into New Zealand EEZ.
-Weekly report of catch taken in New Zealand EEZ to cover the period 00.01 hours on Monday to 24.00 hours on the following Sunday, and to be received by noon on the following Tuesday.
-24 hours notice of intention to enter the New Zealand EEZ.
(Schedule 4, part 3)
(Source: ILM, July 1987)


Table D: -Compliance control and reporting conditions-

- For key to alphabetical code see page preceding this table.
- Numbers represent periodicity of reports(in days / hours) or deadlines For submission of reports; W = weekly; D = daily; M = monthly; R = on request .
% = Reports must be made every 3 days for vessels from Norway, Sweden and Faroes when fishing for herring, weekly when fishing for other species .
O = Logbook to be filled out(radio report to be made) after every fishing operation .
* = Country is a part to the South Pacific FFA arrangement which stipulates that licences will not be issued to foreign fishing vessels unless those vessels are listed in good standing on the FFA - maintained regional register of fishing vessels .

COMPLIANCE CONTROL AND OTHER CONDITIONS

A . Vessel to bear specified identification markings
B . Licence / permit to be carried on board
C . Vessel to board observers as required
D . Vessel to submit fishing plan
E . Vessel to put in for port inspections on entry / departure from zone
F . Vessel to carry specified position fixing equipment / transponders
G . Vessel owners to appoint local legal agents
H . Flag state to appoint national representative
I . Vessel to post performance bond / guarantee / deposit
J . Vessel to carry interpreters
K . Vessel to Seek prior authorization for transhipments
L . Vessel to stow gear while in area where not authorized to fish
M . Requirements concerning local landing / processing of catch
N . Requirements concerning protection of local fisheries / gear
O . Requirements concerning employment / training of coastal state nationals in crew

REPORTING REQUIREMENTS

P . Reporting on or prior to entry into the zone
Q . Reporting on or prior to departure from the zone
R . Reporting on commencement or cessation of fishing operations
S . Reporting on or prior to entry into coastal state ports
T . Timely reporting on position
U . Timely reporting on catch and effort
V . Maintenance of fishing logs .
W . Submission of logbooks / catch reports : - on request / as required / at specified intervals
X . Submission of logbooks / catch reports : - on entry into port
Y . Submission of logbooks / catch reports : - on / after completion of voyage / end of permit
Z . Controls over transitting of zone by unlicensed foreign fishing vessels

COASTAL COUNTRIES A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
NEW ZEALAND* X X X X X     X   X X X X X   X24 X   X24 XD XDW XD X X72    


Table E: -Penalties for unauthorized foreign fishing-

STATE FINES IMPRISONMENT FORFEITURE
NEW ZEALAND -Criminal penalty: up to NZ $ 100 000 from each master and owner (for crew NZ$ 5 000);
-Administrative penalty: not more than 1/3 of maximum criminal penalty
NO Vessel: forfeited on conviction. Gear and catch: Court shall order.

 


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