sec.39Authorising declaration

### sec.39 Authorising declaration This section applies if— any of the following happens— a natural disaster, accident or other event; the chief executive makes an urgent declaration; and the chief executive is satisfied— because of the event or declaration, holders of particular authorities are prevented from doing things authorised under the authorities for a temporary period to an extent that their entitlement under the authorities is significantly decreased; and urgent action is needed to authorise the doing of a stated thing for the temporary period to maintain continuous access to fisheries resources or to offset the decrease in entitlement; and authorising the doing of the stated thing for the temporary period— does not create an unacceptable risk to fisheries resources or fish habitat; and is consistent with the principles of ecologically sustainable development. The chief executive may make a declaration (an authorising declaration ) that authorises holders of the particular authorities to do the stated thing for the temporary period. taking of stated fish in a stated area as if the particular authorities authorised the taking of the fish in the area using stated fishing apparatus in a stated fishery under the particular authorities despite a regulated fishing apparatus declaration s 39 prev s 39 amd 2000 No. 26 s 13 sch 2 sub 2001 No. 23 s 10 om 2006 No. 28 s 14 pres s 39 ins 2019 No. 6 s 33 (sec.39-ssec.1) This section applies if— any of the following happens— a natural disaster, accident or other event; the chief executive makes an urgent declaration; and the chief executive is satisfied— because of the event or declaration, holders of particular authorities are prevented from doing things authorised under the authorities for a temporary period to an extent that their entitlement under the authorities is significantly decreased; and urgent action is needed to authorise the doing of a stated thing for the temporary period to maintain continuous access to fisheries resources or to offset the decrease in entitlement; and authorising the doing of the stated thing for the temporary period— does not create an unacceptable risk to fisheries resources or fish habitat; and is consistent with the principles of ecologically sustainable development. (sec.39-ssec.2) The chief executive may make a declaration (an authorising declaration ) that authorises holders of the particular authorities to do the stated thing for the temporary period. taking of stated fish in a stated area as if the particular authorities authorised the taking of the fish in the area using stated fishing apparatus in a stated fishery under the particular authorities despite a regulated fishing apparatus declaration - (a) any of the following happens— (i) a natural disaster, accident or other event; (ii) the chief executive makes an urgent declaration; and - (i) a natural disaster, accident or other event; - (ii) the chief executive makes an urgent declaration; and - (b) the chief executive is satisfied— (i) because of the event or declaration, holders of particular authorities are prevented from doing things authorised under the authorities for a temporary period to an extent that their entitlement under the authorities is significantly decreased; and (ii) urgent action is needed to authorise the doing of a stated thing for the temporary period to maintain continuous access to fisheries resources or to offset the decrease in entitlement; and (iii) authorising the doing of the stated thing for the temporary period— (A) does not create an unacceptable risk to fisheries resources or fish habitat; and (B) is consistent with the principles of ecologically sustainable development. - (i) because of the event or declaration, holders of particular authorities are prevented from doing things authorised under the authorities for a temporary period to an extent that their entitlement under the authorities is significantly decreased; and - (ii) urgent action is needed to authorise the doing of a stated thing for the temporary period to maintain continuous access to fisheries resources or to offset the decrease in entitlement; and - (iii) authorising the doing of the stated thing for the temporary period— (A) does not create an unacceptable risk to fisheries resources or fish habitat; and (B) is consistent with the principles of ecologically sustainable development. - (A) does not create an unacceptable risk to fisheries resources or fish habitat; and - (B) is consistent with the principles of ecologically sustainable development. - (i) a natural disaster, accident or other event; - (ii) the chief executive makes an urgent declaration; and - (i) because of the event or declaration, holders of particular authorities are prevented from doing things authorised under the authorities for a temporary period to an extent that their entitlement under the authorities is significantly decreased; and - (ii) urgent action is needed to authorise the doing of a stated thing for the temporary period to maintain continuous access to fisheries resources or to offset the decrease in entitlement; and - (iii) authorising the doing of the stated thing for the temporary period— (A) does not create an unacceptable risk to fisheries resources or fish habitat; and (B) is consistent with the principles of ecologically sustainable development. - (A) does not create an unacceptable risk to fisheries resources or fish habitat; and - (B) is consistent with the principles of ecologically sustainable development. - (A) does not create an unacceptable risk to fisheries resources or fish habitat; and - (B) is consistent with the principles of ecologically sustainable development. - 1 taking of stated fish in a stated area as if the particular authorities authorised the taking of the fish in the area - 2 using stated fishing apparatus in a stated fishery under the particular authorities despite a regulated fishing apparatus declaration