NEW ZEALAND GAZETTE

10 APRIL

785

Fisheries

Fisheries Act 1983

Fisheries (Quota Aggregation Limit Exemption) Notice (No. 3) 1997 (No. F56)

Pursuant to section 28w (3) of the Fisheries Act 1983, the Minister of Fisheries, after consultation with the New Zealand Fishing Industry Board and the Treaty of Waitangi Fisheries Commission, and after consideration of the matters specified in section 28w (5) of the said Act, hereby gives the following notice:

N o t i c e

1. Title and commencement—
   (1) This notice may be cited as the Fisheries (Quota Aggregation Limit Exemption) Notice (No. 3) 1997.
   (2) This notice shall come into effect on the day after its notification in the New Zealand Gazette.

2. Interpretation— In this notice:
   (a) Any reference to a quota management area means:
   (i) in the case of species of fish to which section 28w (1) (b) and (d) refers, the appropriate quota management area as defined in the Fisheries (Quota Management Areas, Total Allowable Catches and Catch Histories) Notice 1986; and
   (ii) in the case of species to which section 28w (1) (a) refers, New Zealand fisheries waters as defined in section 2 (1) of the said Act;
   (b) Species and quota management areas are specified by means of fishstock codes, being fishstock codes as defined in the Second Schedule to the Fisheries (Reporting) Regulations 1990;
   (c) “the Commission” means the Treaty of Waitangi Fisheries Commission established by section 4 of the Maori Fisheries Act 1989 (as amended by the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992) and includes any statutory successor to the Treaty of Waitangi Fisheries Commission;
   (d) “subsidiary” means a subsidiary as defined in the Companies Act 1993;
   (e) “an associated company” means an associated company as defined by section 8 of the Income Tax Act 1976;
   (f) “the joint venture” means the joint venture between Te Waka Unua Limited (a wholly owned subsidiary of the Commission) and Brierley Investments Limited;
   (g) “the consortium” means the consortium comprising the Commission and its subsidiary and associated companies, Sealord Products Limited and its subsidiary and associated companies, and Brierley Investments Limited and its subsidiary and associated companies.

3. Exemption to quota aggregation limit—
   (a) For the purpose of calculating the amount of quota and interests in quota held by the consortium for the purposes of this notice:
   (i) any interest in quota held by any person in the consortium that relates to any other interest in quota held by any other person in the consortium will be disregarded;
   (ii) any interest in quota that is an interest in quota to which subsection (2A) of section 28w refers shall be included.

(b) As from the date that this notice comes into effect, for the purpose of section 28w (3) (a) of the said Act, the consortium may hold quota and interest in quota up to, and including, the percentage limits for New Zealand fisheries waters in respect of the fish species specified in the following table:

(c) As from the date that this notice comes into effect, for the purposes of section 28w (3) (b), the consortium may hold quota and interest in quota up to, and including, the percentage limits for spiny rock lobster in the quota management areas specified in the following table:

(d) As from the date that this notice comes into effect, for the purposes of section 28w (3) (c):
(i) the consortium may hold quota and interest in quota up to, and including, the percentage limits for all quota management areas combined in respect of the species specified in the following table:

| Species/Fishstock    | Quota Aggregation Limit % |
|----------------------|---------------------------|
| Alfonsino            | 45                        |
| Barracouta           | 45                        |
| Bluenose             | 38.61                     |
| Jack Mackerel        | 45                        |
| Red Cod              | 45                        |
| Gemfish              | 45                        |
| Blue Warehou         | 45                        |
| Packhorse Rock Lobster| 45                       |

(ii) The consortium may hold quota and interest in quota up to, and including, the percentage limits for the species and quota management areas specified in the following table:

|           | Quota Aggregation Limit % |
|-----------|---------------------------|
| PAU 1     | 51                        |
| PAU 2     | 25.76                     |
| PAU 4     | 27.29                     |
| PAU 5A    | 26.65                     |
| PAU 5B    | 26.65                     |
| PAU 5D    | 26.65                     |
| PAU 7     | 26                        |

(iii) For all other species to which section 28w (3) (c) relates the consortium may hold quota, and interest in quota up to, and including, 35 percent of the combined total allowable commercial catch for all quota management areas.

4. Revocation— The Fisheries (Quota Aggregation Limit Exemption) Notice (No. 2) 1992, the Fisheries (Quota Aggregation Limit Exemption) Notice (No. 2) Amendment No. 1 and the Fisheries (Quota Aggregation Limit Exemption) Notice (No. 2) 1992, Amendment No. 2 are hereby revoked.