Applying for High Seas Fishing Permits
1. INTRODUCTION
This section explains how fishers can apply for a high seas fishing permit (permit). If you want to take or transport fish on the high seas using a New Zealand ship then you need a permit. The chief executive of the Ministry of Fisheries (MFish) has the power to issue permits under section 113H of the Fisheries Act 1996.
The Fisheries Act sets out strict criteria for assessing each application for a permit. Permits will not be granted automatically. The chief executive may decline applications in certain circumstances. The reasons for declining any application will be conveyed to the applicant.
2. WHO MUST APPLY
All persons using New Zealand ships to take or transport fish on the high seas must have a permit. This requirement is not limited to New Zealanders. If any person (from New Zealand or elsewhere) wants to use a New Zealand ship to take or transport fish on the high seas, then that person must have a permit issued in respect of that ship.
A New Zealand ship is defined in the Ship Registration Act 1992 as a ship that is registered under that Act. It also includes vessels that are not registered, but are required or entitled to be. This definition includes ships on demise or bare boat charter to New Zealand operators. Please see the information on New Zealand nationals and foreign flagged vessels for a fuller discussion of your obligations in this situation. That section makes it clear that permits can only be issued in respect of vessels that are registered under the Ship Registration Act.
Please note that you can only apply for a permit for a vessel if you are the operator of that vessel. Being an operator means that you are the person in lawful possession and control of the vessel concerned.
3. INFORMATION REQUIRED
When you apply for a permit, you will be asked to provide information about:
- Yourself;
- The vessel you want a permit for;
- Your proposed fishing activities;
- Your fishing history.
After you provide that information, you will be asked to declare that the information provided is true and correct.
3.1 Client details
The application form asks you for your client number. We cannot process your application unless you have that number. If you already have a client number please ensure that the details you provided when you applied for that number are still correct.
Applying for a client number is a separate process. Applicants needing a client number should contact FishServe.
3.2 Vessel Registration
To get a permit, your vessel must be registered:
- Under the Ship Registration Act 1992; and
- In the Fishing Vessel Register as a fishing vessel.
You application will not be processed if your vessel is not registered in both these places. These registration processes are separate from your permit application process.
Applicants needing to register their vessel in the Fishing Vessel Register should contact:
FishServe
P O Box 297
WELLINGTON
Telephone: +64 4 4604 694
Fax: +64 4 4604 701
Email: helpline@fishserve.co.nz
Website: http://www.fishserve.co.nz/
Applicants needing to register their vessel under the Ship Registration Act should contact:
Registrar of Ships
Maritime New Zealand
P O Box 27006
WELLINGTON
Telephone: 0508 22 55 22 - Toll free (within New Zealand)
Fax: +64 4 4941 263
Email: enquiries@maritimenz.govt.nz
Website: http://www.msa.govt.nz/
The permit will require that the vessel carry and operate a MFish registered Automatic Location Communicator (ALC) at all times. This communication technology enables MFish to independently monitor the location and movement of fishing vessels. There are currently a number of different types of ALCs approved for use.
The registration of an ALC is a separate application process. Applicants needing to register an ALC should contact FishServe for details.
3.3 Proposed Fishing Activities
When you apply for a permit, you need to provide information about your proposed fishing activities. You will be asked to provide information on:
- The area in which you plan to fish for each species. You should provide an Area Code from the list below:
| Area Code |
Area Name |
| CCAMLR |
Commission for the Conservation of Antarctic Marine Living Resources Convention Area |
| CCSBT |
Commission for the Conservation of Southern Bluefin Tuna Convention Area |
| SPRFMO |
South Pacific Regional Fisheries Management Organisation Convention Area (under negotiation) |
| STR |
Arrangement between the Government of New Zealand and the Government of Australia for the Conservation and Management of Orange Roughy on the South Tasman Rise Arrangement Area |
| WCPFC |
Western and Central Pacific Fisheries Commission Convention Area |
- The boundaries for each area can be found on the websites below:
- CCSBT does not have a defined area, instead it applies to all areas where southern bluefin tuna are found.
- Please look at the information available elsewhere on this website on the above Commissions, Organisations or Arrangements.
-
The
species you plan to fish for. Use an MFish species code to indicate the species (eg ORH). A list of
MFish species codes is linked to this page. If there is no MFish species code for the species you are planning to target, you will need to provide its full scientific name (family, genus and species name) and common name.
-
The method you plan to use to target each species. You need to provide this information so that, among other things, we can ensure that you receive the correct returns to use during your fishing trip.
3.4 Fishing History
The Fisheries Act 1996 directs the chief executive to take into account of a number of matters before deciding to issue a permit to a fisher. For the chief executive to follow this direction, applicants will be asked to provide information on their fishing history. You should be aware that it is an offence to provide false or misleading information or omit any material information.
The application form asks if:
- You have engaged in fishing or transporting fish in a manner that resulted in a high seas fishing permit (or equivalent authorisation from another country) being revoked in the last 3 years;
- You have engaged in fishing or transporting fish without a high seas fishing permit (or equivalent authorisation from another country) where such a permit was required in the last 3 years;
- You or any other party materially involved in the proposed fishing operation (in particular the vessel owner, operator or master) breached the fisheries laws in any jurisdiction including the high seas, in the last 10 years.
If any of these situations apply to you, then the application form asks you to provide more details on the specific circumstances. It does not necessarily mean that you will not be issued a permit. The chief executive will take this information into account when deciding whether to issue a permit.
4. PROCEDURES
All applications for high seas fishing permits must be made on the FishServe application form. Application forms can be obtained from FishServe. Applicants must allow at least 20 working days for the application to be processed. Applicants must provide all the details requested on the application form. Incomplete forms will be returned to you and may result in a delay with the processing of your application.
5. FEES
Currently no fees are charged for processing high seas fishing permit applications.
6. CONTACT DETAILS
For enquiries related to registration under the Ship Registration Act 1992, please contact:
Registrar of Ships
Maritime New Zealand
P O Box 27006
WELLINGTON
Telephone: 0508 22 55 22 - Toll free (within New Zealand)
Fax: +64 4 4941 263
Email: enquiries@maritimenz.govt.nz
Website: http://www.msa.govt.nz/
Please direct all other enquiries to:
FishServe
P O Box 297
WELLINGTON
Telephone: +64 4 4604 694
Fax: +64 4 4604 701
Email: helpline@fishserve.co.nz
Website: http://www.fishserve.co.nz/
Footnote(s): - 1
- This information is to help the reader understand how the high seas fishing regime works. It is not legal advice.