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264 New Zealand Driftnet Prohibition Act 1991 The Driftnet Prohibition Actl received the Royal Assent on 14 April 1991 and entered into force on 15 April 1991.2 Its purpose is to give effect to the Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific 1989 and its Protocols,3 thus enabling New Zealand to ratify the Convention and its associated instruments. While much of the Act implements the Convention simply by reiterating its provisions, certain sections create stricter obligations in the prohibition of driftnet fishing activities than does the Convention itself. This is permitted by Article 2(3) of the Convention which provides: "Nothing in this Convention shall prevent a Party from taking measures against driftnet fishing activities which are stricter than those required by the Convention." Application Ratione Territoriae Driftnet fishing activities are prohibited by the Convention within the Convention Area. This is defined by Article l(a) of the Convention and is implemented by section 2 of the Act. Section 2 provides that the Convention Area means: "(a) The high seas (not being waters under the fisheries jurisdiction of any state or territory) within the areas lying between the latitudes 10 degrees North latitude and
International Journal of Estuarine and Coastal Law (in 1993 continued as The International Journal of Marine and Coastal Law) – Brill
Published: Jan 1, 1991
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