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Territorial Sea and Exclusive Economic Zone Acts 1977-1985 (By Parliamentary Counsel)  014
II: The Exclusive Economic Zone of New Zealand
22   Fisheries regulations




   22. Fisheries regulations---(1) The Governor-General may from time to
 time, by Order in Council, make regulations for all or any of the
 following purposes:
   (a) Prescribing the manner of applying for licences under section 15
         of this Act, and for the renewal of such licences under section
         16 of this Act, and forms of applications:
   (b) Prescribing the terms of duration of licences:
   (c) Prescribing the forms of licences to be issued by the Minister:
   [(d) Prescribing the fees and royalties payable to the Crown and their
         method of payment; and prescribing the circumstances in which
         such fee or royalty or any part thereof may be refunded:]
   (e) Providing for the production of licences by licensees to specified
         New Zealand authorities when required to do so, and the
         inspection of licences by such authorities:
   (f) Requiring applicants for licences, and licensees, to designate
         authorised agents in New Zealand in respect of foreign fishing
         craft:
   (g) Providing for such other measures as are necessary or expedient to
         ensure that foreign fishing craft are used for fishing within
         the exclusive economic zone only in accordance with the terms
         and conditions of their licences:
   (h) Prescribing conditions, not inconsistent with this Act, under
         which fishing may be undertaken within the zone by foreign
         fishing craft:
   (i) Prescribing measures, not inconsistent with this Act, for the
         conservation and management of fisheries resources within the
         zone:
   (j) Specifying particular types of high migratory species of fish, and
         regulating, in a manner not inconsistent with this Act, fishing
         for those species within the zone, and also, in the case of New
         Zealand fishing craft, beyond the zone:
   (k) Providing that a breach of any such regulation shall be a criminal
         offence, and imposing penalties by way of fine not exceeding, in
         the case of a licensee, owner, or master of a fishing craft,
         $10,000 for any such offences and, in the case of any other crew
         member, $1,000 for any such offences:
   (l) Prescribing the form of bonds for the purposes of section 25 of
         this Act:
   (m) Prescribing forms of notices and procedures to be followed for the
         purposes of section 26 of this Act:
   (n) Providing, in respect of notices, summonses, and other documents
         to be served under this Act or in any civil or criminal
         proceedings under this Act, that specified methods of service
         (including service on the authorised agent of a foreign fishing
         craft or on the diplomatic or consular representative in respect
         of New Zealand of the country in which the craft is registered)
         shall be deemed to be service on any licensee, owner, master, or
         crew member of the craft, and providing that specified methods
         of proof of service shall be deemed to be sufficient proof of
         service.

   (2) Regulations made under this section may make different provisions
 for different parts of the exclusive economic zone and for different
 species of fish.

   (3) In prescribing fees in regulations made under this section, the
 Governor-General in Council may---
   (a) Take into account (inter alia) the cost of implementing the
         provisions of this Act and of [the Fisheries Act 1983] with
         respect to fishing by foreign fishing craft within the exclusive
         economic zone, including the cost of the conservation and
         management of fisheries resources, and of fisheries research,
         and of the administration and enforcement of such enactments;
         and
   (b) Prescribe different fees for different classes of foreign fishing
         craft (whether by reference to size, catch, method of fishing,
         function, or otherwise).

       In subs. (1), para. (d) was substituted for the original para. (d)
     by s. 2 (2) of the Territorial Sea and Exclusive Economic Zone
     Amendment Act 1980.
       In subs. (3) (a) the Fisheries Act 1983, being the corresponding
     enactment in force at the date of this reprint, has been substituted
     for the repealed Fisheries Act 1908.
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