(1) No commercial fisher shall use any set net within the following waters:
(a) Three Kings Islands: The waters lying inside a line every point of which is 1 nautical mile from the mean high water mark on all the islands, islets, and rocks of the Three Kings Islands group:
(b) Bay of Islands:
(i) Cape Wiwiki: The waters lying within a radius of 1 nautical mile from the easternmost extremity of Cape Wiwiki (at 35°09.42′S and 174°07.70′E):
(ii) Whale Rock: The waters lying inside a line every point of which is 1 nautical mile from a position at 30°11.51′S and 174°12.0′E on Whale Rock:
(iii) Twins Rock: The waters lying inside a line every point of which is 1 nautical mile from the mean high water mark on the Twins Rock:
(c) Hen and Chicken Islands:
(i) Taranga (Hen) Island: The waters on the northern side of Taranga Island (otherwise known as Hen Island) lying inside a line commencing at the northernmost extremity of Taranga Island (at 35°57.28′S and 174°41.89′E); then in a due north direction for a distance of 0.5 nautical mile to the point at 35°56.78′S and 174°41.89′E; then in a generally easterly direction by a line every point of which is 0.5 nautical mile from the mean high water mark to the point at 35°57.68′S and 174°44.75′E; then by a straight line due south to the easternmost extremity of Taranga Island (at 35°58.18′S and 174°44.75′E):
(ii) Marotere (Chickens) Islands: The waters on the northern side of the Marotere Islands (otherwise know as the Chickens Islands) lying inside a line commencing at the northernmost extremity of Lady Alice Island (at 35°53.29′S and 174°43.10′E); then in a due north direction for a distance of 0.5 nautical mile to the point at 35°52.79′S and 174°43.10′E; then proceeding in a generally easterly direction by a line every point of which is 0.5 nautical mile from a baseline which commences at the northernmost extremity of Lady Alice Island (at 35°53.29′S and 174°43.10′E); then by the mean high water mark to the easternmost extremity of Lady Alice Island (at 35°53.57′S and 174°44.32′E); then in a straight line in an easterly direction to the westernmost extremity of Whatupuke Island (at 35°53.61′S and 174°44.71′E); then by the mean high water mark to the easternmost extremity of Whatupuke Island (at 35°53.47′S and 174°45.70′E); then in a straight line in an easterly direction to the westernmost extremity of Coppermine Island (at 35°53.50′S and 174°45.82′E); then by the mean high water mark to the termination of the baseline at the easternmost extremity of Coppermine Island (at 35°53.31′S and 174°46.99′E) to the point at 35°52.81′S and 174°46.99′E; then by a straight line due south to the easternmost extremity of Coppermine Island (at 35°53.31′S and 174°46.99′E):
(d) Mokohinau Islands: The waters lying inside a line every point of which is one-half nautical mile from the mean high water mark on all the islands, islets, and rocks of the Mokohinau Islands group:
(e) Simpson Rock: The waters lying inside a line every point of which is one-half nautical mile from the mean high water mark on Simpson Rock, being the islet (rock) located approximately 4 nautical miles south of the Mokohinau Islands:
(f) Little Barrier Island: The waters lying inside a line every point of which is one-half nautical mile from the mean high water mark on Little Barrier Island:
(g) Great Barrier Island:
(i) Miners Head—Needles Point: The waters at the northern end of Great Barrier Island lying inside a line commencing at the northernmost extremity of Miners Head (at 36°03.98′S and 175°20.80′E); then in a due north direction for a distance of 0.5 nautical miles to the point at 36°03.48′S and 175°20.80′E; then proceeding in a generally northeasterly direction by a line every point of which is one-half nautical mile from a baseline which commences at the northernmost extremity of Miners Head (at 36°03.98′S and 175°20.80′E); then by the mean high water mark to the northernmost extremity of Great Barrier Island (at 36°03.12′S and 175°23.88′E); then in a straight line in a northeasterly direction to the southernmost extremity of the unnamed island (at 36°03.12′S and 175°24.00′E); then by the mean high water mark to the northernmost extremity of the unnamed island (at 36°02.56′S and 175°24.11′E); then in a straight line in a northerly direction to the southernmost extremity of Aiguilles Island (at 36°02.51′S and 175°24.24′E); then by the mean high water mark to the northernmost extremity of Aiguilles Island (at 36°01.91′S and 175°24.50′E); then in a straight line in a northerly direction to the southernmost extremity of Needles Point (at 36°01.70′S and 175°24.40′E); then by the mean high water mark to the termination of the baseline at the northernmost extremity of Needles Point (at 36°01.63′S and 175°24.40′E) to the point at 36°01.13′S and 175°24.40′E; then by a straight line due south to the northernmost extremity of Needles Point (at 36°01.63′S and 175°24.40′E):
(ii) Rakitu (Arid) Island: The waters on the eastern side of Rakitu Island (otherwise know as Arid Island) lying inside a line commencing at the northernmost extremity of Hautapu Point (at 36°07.06′S and 175°29.76′E); then in a due north direction for a distance of 0.5 nautical miles to the point at 36°06.56′S and 175°29.76′E; then by a line every point of which is 0.5 nautical miles from the mean high water mark on the eastern side of Rakitu Island to the point at 36°08.89′S and 175°29.49′E; then by a straight line due north to the southernmost extremity of Te Akau Point (at 36°08.39′S and 175°29.49′E):
(iii) Cape Barrier: The waters at the southern end of Great Barrier Island lying inside a line commencing at the westernmost extremity of the south head of Tryphena Harbour (at 36°19.48′S and 175°28.44′E); then in a due south direction for a distance of 0.5 nautical miles to the point at 36°20.98′S and 175°28.44′E); then in a generally easterly direction by a line every point of which is one-half nautical mile from the mean high water mark to the point at 36°20.37′S and 175°32.75′E); then by a straight line due west to the southeasternmost extremity of Cape Barrier (at 36°20.37′S and 175°32.25′E):
(h) Channel Island: The waters lying inside a line every point of which is one-half nautical mile from the mean high water mark on Channel Island, being the island located approximately 3 nautical miles north of Cape Colville:
(i) Cape Colville: The waters at the northern end of Cape Colville lying inside a line commencing at the northernmost extremity of Kaiiti Point (at 36°28.92′S and 175°19.80′E); then in a straight line in a northerly direction to the southernmost extremity of Channel Island (at 36°25.44′S and 175°19.75′E); then in a straight line in a south-easterly direction to the northernmost extremity of Square Top Island (at 36°27.76′S and 175°24.00′E); then by the mean high-water mark to the easternmost extremity of Square Top Island (at 36°27.79′S and 175°24.14′E); then in a straight line in a south-easterly direction to the mean high-water mark to the south-west of, and immediately adjacent to, Sugar Loaf Rocks (at 36°28.36′S and 175°24.69′E); then by the mean high-water mark in a generally north-westerly direction to a point to the south of Cape Colville, representing the eastern end of Port Jackson Bay (at 36°28.40′S and 175°20.45′E); then by a straight line across the bay in a generally south-westerly direction to the point of commencement:
(j) Mercury Islands
(i) Great Mercury Island: The waters on the eastern and southern sides of Great Mercury Island lying inside a line commencing at the northernmost extremity of Arimawhai Point (at 36°34.81′S and 175°47.23′E); then in a northeast direction for a distance of one-half nautical mile to the point at 36°34.45′S and 175°47.66′E; then by a line every point of which in one-half nautical mile from the mean high water mark on the eastern and southern sides of Great Mercury Island to the point at 36°38.86′S and 175°46.58′E); then by a straight line due north to the southernmost extremity of Ahikopua Point (at 36°38.36′S and 175°46.58′E):
(ii) Korapuki Island: The waters lying inside a line every point of which is one-half nautical mile from the mean high water mark on Korapuki Island:
(iii) Green Island: The waters lying inside a line every point of which is one-half nautical mile from the mean high water mark on Green Island:
(iv) Middle Island: The waters on the eastern side of Middle Island lying inside a line commencing at the northernmost extremity of Middle Island (at 36°38.19′S and 175°51.57′E); then in a northeast direction for a distance of 0.25 nautical mile to the point at 36°38.00′S and 175°51.80′E; then by a line every point of which is 0.25 nautical mile from the mean high water mark on the eastern side of Middle Island to the point at 36°38.78′S and 175°51.66′E; then by a straight line due north to the easternmost extremity of Middle Island (at 36°38.52′S and 175°51.66′E); then in a due south direction for a distance of one-half nautical mile to the point at 36°39.06′S and 175°51.66′E; then by a line every point of which is one-half nautical mile from the mean high water mark on the western side of Middle Island to the point at 36°37.82′S and 175°52.03′E; then by a straight line in a southwest direction to the northernmost extremity of Middle Island (at 36°38.19′S and 175°51.57′E):
(v) Stanley Island: The waters lying inside a line commencing at the westernmost extremity of Stanley Island (at 36°38.22′S and 175°52.79′E); then in a northwest direction for a distance of one-half nautical mile to the point at 36°37.85′S and 175°52.34′E; then by a line every point of which is one-half nautical mile from the mean high water mark on the northern and eastern sides of Stanley Island to the point at 36°39.54′S and 175°53.35′E; then by a straight line due north to the southernmost extremity of Stanley Island (at 36°39.04′S and 175°53.35′E); then in a due south direction for a distance of one-quarter nautical mile to the point at 36°39.29′S and 175°53.35′E; then by a line every point of which is one-quarter nautical mile from the mean high water mark on the southwestern side of Stanley Island to the point at 36°38.05′S and 175°52.55′E; then by a straight line in a southeast direction to the westernmost extremity of Stanley Island (at 36°38.22′S and 175°52.79′E):
(vi) Red Mercury Island: The waters on the eastern side of Red Mercury Island lying inside a line commencing at the northernmost extremity of Red Mercury Island (at 36°37.06′S and 175°56.16′E); then in a northeast direction for a distance of one-half nautical mile to the point at 36°36.72′S and 175°56.60′E; then in a generally easterly direction by a line every point of which is one-half nautical mile from the mean high water mark to the point at 36°38.37′S and 175°56.83′E; then by a straight line due north to the southeasternmost extremity of Red Mercury Island (at 36°37.87′S and 175°56.83′E);
(k) Tamaki River and Panmure Basin: The waters of the Tamaki River and Panmure Basin lying inside a straight line from the easternmost extremity of Sandy Point (at 36°52.41′S and 174°53.44′E) in a straight line in a southeasterly direction to the point of intersection with the shore to the north of the Half Moon Bay marina at (36°52.76′S and 174°54.09′E):
(l) Northwest coast:
(i) Cape Reinga—Scott Point: The waters lying within 1 nautical mile from the mean high water mark of the shore that extends from the northernmost extremity of Cape Reinga (at 34°25.40′S and 172°40.70′E) to the southernmost extremity of Scott Point (at 34°31.90′S and 172°43.20′E):
(ii) Tauroa Point (Reef Point)—Whangape Harbour: The waters lying within one-half nautical mile from the mean high water mark of the shore that extends from the easternmost extremity of Tauroa Point (otherwise known as Reef Point) (at 35°10.15′S and 173°05.20′E) to the north head of Herekino Harbour (at 35°17.70′S and 173°09.90′E); then by a straight line in a southerly direction to the south head of Herekino Harbour (at 35°17.95′S and 173°09.80′E); then by the mean high water mark to the north head of Whangape Harbour (at 35°22.70′S and 173°13.10′E):
(iii) Maunganui Bluff–Tirua Point: the waters lying within 7 nautical miles to the seaward due west of a baseline commencing from Maunganui Bluff (at 35°45.54′S and 173°33.30′E); then in a generally southerly direction by the mean high-water mark to Kaipara Harbour–Pouto Point light (at 36°21.76′S and 174°10.87′E); then by a straight line to Kaipara Harbour–South Head light (at 36°25.80′S and 174°14.20′E); then by the mean high-water mark to the northwesternmost point of the south head of Kaipara Harbour (at 36°25.67′S and 174°13.94′E); then by a straight line to Papakanui Spit east (at 36°25.71′S and 174°13.21′E); then by a straight line to Papakanui Spit west (at 36°25.75′S and 174°12.70′E); then by the mean high-water mark to Lawry Point (at 36°59.31′S and 174°37.05′E) on the northern side of Manukau Harbour; then by a straight line to Channel Marker No 4 in Manukau Harbour (at 37°02.00′S and 174°42.10′E); then by a straight line to a point (at 37°04.04′S and 174°39.92′E); then by the mean high-water mark to a point on the northern side of the Waikato River (at 37°22.59′S and 174°43.94′E); then by a straight line to the jetty on the south of the Waikato River (at 37°23.16′S and 174°43.94′E); then by the mean high-water mark to a point on the northern side of Raglan Harbour (at 37°47.74′S and 174°51.54′E); then by a straight line to Putoetoe Point (at 37°48.01′S and 174°51.87′E); then by the mean high-water mark to Potahi Point at Aotea Harbour (at 38°00.56′S and 174°47.97′E); then in a straight line to Kahua Point at Aotea Harbour (at 38°02.19′S and 174°47.09′E); then by the mean high-water mark to Kawhia Harbour at Tauratahi Point (at 38°05.05′S and 174°46.86′E); then by a straight line to Urawitiki Point (at 38°05.26′S and 174°46.25′E); then by the mean high-water mark to Tirua Point (at 38°23.22′S and 174°38.04′E):
(iv) [Revoked]
(m) Tairua/Pauanui: The waters inside an area defined by a line beginning at the mean high-water mark at the northernmost point of Storm Beach (at 37°02.77′S and 175°53.23′E); then in a straight line in a generally easterly direction to a position at the southernmost point of Home Bay (at 37°03.11′S and 175°56.05′E); then by a straight line in a generally northerly direction to Big King Rock (at 36°59.92′S and 175°55.34′E); then by a straight line in a generally north-westerly direction to the mean high-water mark at the northern end of Te Karo Bay (36°57.70′S and 175°50.75′E); then following the mean high-water mark in a southerly direction to the southernmost point of land near Te Huruhuru Point (at 37°00.40′S and 175°52.10′E); then in a straight line across the Tairua harbour entrance in a south-westerly direction to the northernmost point of land of the southern harbour headland (at 37°00.45′S and 175°51.70′E); then following the mean high-water mark in a generally southerly direction to the point of commencement.
(n) Cape Runaway The waters within the area defined by a line beginning at the mean high-water mark at Cape Runaway (at approximately 37°32.3′S and 177°59′E); then proceeding in a straight line in a northerly direction to a position 2 nautical miles from the point of commencement at approximately 37°30.3′S and 177°59′E); then in a generally westerly direction by a line every point of which is 2 nautical miles from the mean high-water mark of Cape Runaway to a point at 37°31.2′S and 177°56.8′E; then in a straight line in a southerly direction to the mean high-water mark of a position (at 37°37.2′S and 177°56.8′E) adjacent to, or on, a stream tributary on Oruiti Beach; and then proceeding along the line of the mean high-water mark in a generally easterly and northerly direction to the point of commencement at Cape Runaway.
(2) For the purposes of the area defined in subclause (1)(l)(iii), a straight line joining the mean high-water marks at each side of a harbour entrance or, as the case may be, the natural entrance points of a river mouth must be treated as the inner boundary of that area if it extends seawards or as the outer boundary of that area if it extends landwards, except in the case of any harbours and rivers where specific co-ordinates are provided.
Regulations 15A and 15B were inserted, as from 30 September 1993, by regulation 10 Fisheries (Auckland and Kermadec Areas Commercial Fishing) Regulations 1986, Amendment No 7 (SR 1993/279).
Regulation 15A was amended, as from 1 October 2001, by regulation 4 Fisheries (Auckland And Kermadec Areas Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/264) by substituting the words “commercial fisher”
for the words “commercial fisherman”
.
Paragraph (i) was substituted, as from 30 November 1995, by regulation 4(1) Fisheries (Auckland and Kermadec Areas Commercial Fishing) Regulations 1986, Amendment No 12 (SR 1995/230).
Regulation 15A(1)(l)(iii): substituted, on 1 October 2008, by regulation 8(1) of the Fisheries (Auckland and Kermadec Areas Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/267).
Regulation 15A(1)(l)(iii): amended, on 1 June 2009, by regulation 4 of the Fisheries (Auckland and Kermadec Areas Commercial Fishing) Amendment Regulations 2009 (SR 2009/98).
Regulation 15A(1)(l)(iii): amended, on 20 November 2008, by regulation 6(a) of the Fisheries (Auckland and Kermadec Areas Commercial Fishing) Amendment Regulations (No 3) 2008 (SR 2008/401).
Regulation 15A(1)(l)(iii): amended, on 20 November 2008, by regulation 6(b) of the Fisheries (Auckland and Kermadec Areas Commercial Fishing) Amendment Regulations (No 3) 2008 (SR 2008/401).
Regulation 15A(1)(l)(iv): revoked, on 1 October 2008, by regulation 8(2) of the Fisheries (Auckland and Kermadec Areas Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/267).
Paragraph (l)(iv) was inserted, as from 2 October 2003, by regulation 3 Fisheries (Auckland and Kermadec Areas Commercial Fishing) Amendment Regulations 2003 (SR 2003/223).
Paragraph (m) was inserted, as from 30 November 1995, by regulation 4(2) Fisheries (Auckland and Kermadec Areas Commercial Fishing) Regulations 1986, Amendment No 12 (SR 1995/230).
Paragraph (n) was inserted, as from 23 October 1996, by regulation 3 Fisheries (Auckland and Kermadec Areas Commercial Fishing) Regulations 1986, Amendment No 13 (SR 1996/279).
Regulation 15A(2): added, on 1 October 2008, by regulation 8(3) of the Fisheries (Auckland and Kermadec Areas Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/267).