New Zealand Nationals and Foreign Flagged Vessels

1.    INTRODUCTION

This information outlines how New Zealand nationals are affected by Part 6A of the Fisheries Act 1996. Part 6A came into force on 1 May 2001.

2.    PROHIBITION ON USING FOREIGN-FLAGGED VESSELS

Section 113E of the Fisheries Act 1996 prohibits New Zealand nationals from using vessels that are not registered under the Ship Registration Act 1992 to take fish on the high seas. This prohibition is waived if the New Zealand national has an authorisation from a country that meets certain criteria (this is discussed in more detail below). There are two aspects of this prohibition worth clarifying:

2.1   A New Zealand national

Section 2 of the Fisheries Act 1996 defines a New Zealand national as:

2.2   Registration under the Ship Registration Act 1992

New Zealand nationals using vessels that are not registered under the Ship Registration Act 1992 are subject to section 113E of the Fisheries Act 1996. This means that the national must:

Either:

• Register the vessel under the Ship Registration Act 1992 and apply for a New Zealand high seas fishing permit;

• Apply for an authorisation from the state to which the vessel is currently registered (making sure that the state is one of those that falls within the categories listed in section 113E).

3.     AUTHORISING STATES

Section 113E provides that the prohibition on the use of foreign vessels on the high seas by New Zealand national operators may be waived if the vessel's activities are covered by an authorisation from another country. However, the country issuing the authorisation must:

• Be a party to the United Nations Agreement on Straddling Fish Stocks and Highly Migratory Fish Stocks (Fish Stocks Agreement);
• Be a party to the FAO Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessel on the High Seas;
• Be a party to, or have accepted the obligations of, a global, regional or sub-regional fisheries organisation or arrangement to which the authorisation relates; or
• Have signed the Fish Stocks Agreement and have the legislative and administrative mechanisms in place to control its vessels on the high seas in accordance with that Agreement.

4.     CONTACT DETAILS

For any inquiries with respect to your obligations under section 113E of the Fisheries Act 1996, please contact:

                Manager
                International
                Ministry of Fisheries
                P O Box 1020
                WELLINGTON
                Telephone: +64 4 470 2600
                Fax: +64 4 819 4644

Footnote(s):

1

This information is to help the reader understand how the high seas fishing regime will work. It is not legal advice.