4472

NEW ZEALAND GAZETTE

No. 161

Fisheries

Fisheries Act 1996

Fisheries (Otago Cockles Total Allowable Catch) Notice 2003 (No. F271)

Pursuant to section 13 of the Fisheries Act 1996, the Minister of Fisheries makes the following notice.

Notice

1. Title and commencement—(1) This notice is the Fisheries (Otago Cockles Total Allowable Catch) Notice 2003.
   (2) This notice is deemed to come into force on 30 September 2003 because of the order of the Court of Appeal in Southern Clams Limited v. Westhaven Shellfish Limited (CA154/02, 186/02, 194/02 – 14 October 2003). (This is notwithstanding that section 13 (6) of the Fisheries Act 1996 provides that every setting of the Total Allowable Catch shall have effect on and from the first day of the next fishing year.)

2. Interpretation—In this notice:
   (1) The fishstock code means cockles (Chione (Austrovenus) Stutchburyi) in the area described in Schedule 2 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice 2002.
   (2) The quota management area and quota management system code have the same definition as in the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice 2002.

3. Total Allowable Catch—The Total Allowable Catch for cockles in quota management area 3 is the amount stated in the final column of the Schedule to this notice.

Schedule

Dated at Wellington this 18th day of November 2003.

PETE HODGSON, Minister of Fisheries.

Explanatory Note

This note is not part of the notice, but is intended to indicate its general effect.

This notice, which is published in November 2003, sets the total allowable catch for cockle in quota management area 3 on and from 1 October 2003 because of the order of the Court of Appeal in Southern Clams Limited v. Westhaven Shellfish Limited.

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Fisheries (Otago Cockles Total Allowable Commercial Catch) Notice 2003 (No. F272)

Pursuant to section 20 of the Fisheries Act 1996, the Minister of Fisheries makes the following notice.

Notice

1. Title and commencement—(1) This notice is the Fisheries (Otago Cockles Total Allowable Commercial Catch) Notice 2003.
   (2) This notice is deemed to come into force on 30 September 2003 because of the order of the Court of Appeal in Southern Clams Limited v. Westhaven Shellfish Limited (CA154/02, 186/02, 194/02 – 14 October 2003). (This is notwithstanding that section 20 (4) of the Fisheries Act 1996 provides that every setting of the Total Allowable Commercial Catch shall have effect on and from the first day of the next fishing year.)

2. Interpretation—In this notice:
   (1) The fishstock code means cockles (Chione (Austrovenus) Stutchburyi) in the area described in Schedule 2 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice 2002.
   (2) The quota management area and quota management system code have the same definition as in the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice 2002.

3. Total Allowable Commercial Catch—The Total Allowable Commercial Catch for cockles in quota management area 3 is the amount stated in the final column of the Schedule to this notice.

Schedule

Dated at Wellington this 18th day of November 2003.

PETE HODGSON, Minister of Fisheries.

Explanatory Note

This note is not part of the notice, but is intended to indicate its general effect.

This notice, which is published in November 2003, sets the total allowable commercial catch for cockle in quota management area 3 on and from 1 October 2003 because of the order of the Court of Appeal in Southern Clams Limited v. Westhaven Shellfish Limited.

go7846