(1) These regulations may be cited as the Fisheries (Central Area Commercial Fishing) Regulations 1986.

(2) These regulations shall come into force on the 14th day after the date of their notification in the Gazette.

(1) In these regulations, unless the context otherwise requires,—

(2) In these regulations, a reference to a named quota management area is a reference to the area of that name as defined in Schedule 2 to the Fisheries (Quota Management Areas, Total Allowable Catches, and Catch Histories) Notice 1986 (S.R. 1986/267).

(1) No commercial fisher shall take or have in possession any fish taken by any fishing method from the following waters:

• (a) Horokaka, Mahia Peninsula: All those waters lying inside a line commencing at the point 39°05.37′S and 177°57.45′E near Auroa Point; then in a northwesterly direction to a point 39 degrees 04.20′S and 177 degrees 56.21′E; then in a southwesterly direction to the point 39 degrees 05.27′S and 177 degrees 55.42′E; then along the mean high-water mark to the point of commencement:

• (b) Pariokena Point to Rarohenga Stream, Mahia Peninsula: All those waters lying inside a line commencing at Pariokena Point (at 39 degrees 05.30′S and 177 degrees 57.45′E); then in an easterly direction to a point 39 degrees 05.31′S and 177 degrees 59.40′E; then in a southerly direction to the mouth of the Rarohenga Stream (at 39°06.16′S and 177°59.72′E; then along the mean high-water mark to the point of commencement:

• (c) Te Hoe Point to Waikokopu Breakwater, Mahia Peninsula: All those waters lying inside a straight line drawn from Te Hoe Point (at 39°07.12′S and 177°51.20′E) to the Waikokopu Breakwater (at 39 degrees 04.31′S and 177 degrees 49.45′E):

• (d) Waimarama: All those waters lying inside a line commencing at the mouth of the Waipuka Stream (at 39°44.66′S and 177°00.64′E); then in a southeasterly direction to a point 39 degrees 50.1′S and 177 degrees 02.6′E; then in a southwesterly direction to a point 39 degrees 52′S and 176 degrees 58.8′E; then along the mean high-water mark to the point of commencement:

• (e) Ngapuhake: A shallow area known as an upwelling being about 50 square metres in area and to the southeast of Bare Island.

(2) No commercial fisher may take aquatic life by any fishing method, or be in possession of any aquatic life taken from, the following waters:

• (a) the Mohaka River catchment, as described in Schedule 1:

• (b) the Whakaki Lagoon (east of Wairoa):

• (c) the Whanganui River catchment, as described in Schedule 2, excluding the following areas:

  • (i) the lower Whanganui River, and any tributaries from the lower Whanganui River, below the junction of the Kauarapaoa Stream with the Whanganui River (at NZMS 260-R22, 886538, and adjacent to the historic site Kemps Pole):

  • (ii) all ponds and dams within the Whanganui River catchment that are not connected at any time of the year to either any one of the tributaries leading into the Whanganui River or the Whanganui River itself:

• (d) Lake Poukawa adjacent to Te Hauke:

• (e) the catchments containing the Pencarrow lakes, as described in Schedule 3.

Notwithstanding regulation 31(1) of the Fisheries (Commercial Fishing) Regulations 2001, the mesh size of any set net used or possessed by any commercial fisher in the Central Fishery Management Area shall not be less than the appropriate size specified in the following table:

No commercial fisher shall use a trawl net or a Danish seine net in any of the following waters:

• (a) Waipatiki Stream to Cape Kidnappers: All those waters lying inside a straight line commencing at Cape Kidnappers Lighthouse (at 39°38.8′S and 177°05.5′E); then to the mouth of the Waipatiki Stream (at 39°18.05′S and 176°58.54′E); then proceeding along the mean high-water mark to the point of commencement:

  Provided that nothing in this paragraph shall prohibit the use of a trawl net by a vessel of less than 13.5 m overall length:

• (b) Petane Beach to Ahuriri Bluff: All those waters of Hawke Bay lying inside a straight line drawn from Petane Beach (at 39°27.02′S and 176°52.29′E) to the easternmost point of Ahuriri Bluff (at 39°28.9′S and 176°55.15′E):

• (c) Ahuriri Bluff to Tuki Tuki River mouth: All those waters of Hawke Bay lying inside a straight line drawn from the easternmost point of Ahuriri Bluff (at 39°28.9′S and 176°55.15′E) to the eastern bank of the mouth of the Tuki Tuki River (at 39°36.05′S and 176°56.8′E):

• (d) Mahia Peninsula: All those waters lying within 2 nautical miles from a line commencing at Boat Harbour (at 39°0.7′S and 177°53.5′E); then along the mean high-water mark around Mahia Peninsula to the mouth of the Nuhaka River (at 39°03.5′S and 177°45′E):

• (e) Portland Island: All those waters lying within 2 nautical miles from the mean high-water mark of the shore of Portland Island.

• (f) Cape Runaway: All those waters within an area defined by a line commencing at the mean high-water mark at Potikirua Point at 37°32.53′S and 178°04.91′E; then proceeding in a straight line in a northerly direction to a position approximately 2 nautical miles from the point of commencement at 37°30.6′S and 178°4.8′E; then in a generally westerly direction by a line every point of which is 2 nautical miles from the mean high-water mark to a point approximately 2 nautical miles north of Cape Runaway (at 37°30.3′S and 177°59′E); then in a straight line in a southerly direction to the mean high-water mark at Cape Runaway (at 37°32.3′S and 177°59′E); and then proceeding along the line of the mean high-water mark in a generally easterly direction to the point of commencement.

No commercial fisher shall use a trawl net towed by more than one vessel in all those waters lying within a line commencing at Cape Runaway (at 37°32.30′S and 177°59.00′E); then in a true North direction to the boundary of the Exclusive Economic Zone; then in a generally southerly direction along that boundary to a point 40°54.01′S and 173°45 W; then in a true West direction to Castlepoint (at 40°54.02′S and 176°13.88′E); then in a generally northerly direction along the mean high-water mark to the point of commencement.

No commercial fisher shall use a trawl net in the following waters:

• (a) Wellington Harbour: The waters of Wellington Harbour lying inside a straight line drawn from Pencarrow Head low-level light (at 41°21.7′S and 174°50.9′E) to Palmer Head (at 41°20.68′S and 174°49.27′E):

• (b) Porirua Harbour: The waters of Porirua Harbour lying inside a straight line drawn from the westernmost extremity of the North Head (at 41°03.88′S and 174°50.46′E) (otherwise known as Te Rewarewa Point) to the northernmost extremity of South Head (at 41°5.47′S and 174°50.9′E):

• (c) Urenui Bay: The waters of Urenui Bay lying inside a straight line from Airedale Reef (at 174°14.5′E and 38°59′S) to the Tongaporutu River mouth (at 38°48.98′S and 174°35.23′E).

No commercial fisher shall use any New Zealand fishing vessel over 46 m in overall length for trawling at any time—

• (a) In those waters of the Central Fishery Management Area (as defined in a notice published in the Gazette of 1986 at page 412) east and north of a line drawn from Cape Palliser at 41°36.73′S and 175°16.44′E in a generally southern direction to a point 42 degrees 10′S and 174 degrees 42′E:

• (b) In those waters commencing at a point 41 degrees 48.95′S and 175 degrees 17.4′E; then proceeding directly in a southerly direction to a point 42 degrees 01.95′S and 175 degrees 17.4′E; then proceeding directly in a northwesterly direction to a point 41 degrees 53.6′S and 174 degrees 49.4′E; then proceeding in a generally southwesterly direction along a line every point of which is 13 nautical miles seawards of the outer limits of the territorial sea to its intersection with the boundary of the Central Fishery Management Area (as so defined); then proceeding in a generally northerly direction along that boundary to its intersection with the outer limits of the territorial sea off the south coast of the North Island; then proceeding along the outer limits of the territorial sea to the point of commencement:

• (c) In those waters enclosed by a line commencing at a point 40 degrees 40.6′S and 174 degrees 44.6′E; then proceeding in a northwesterly direction to a point 40 degrees 34.8′S and 174 degrees 37.2′E; then proceeding along a line every point of which is 8 nautical miles seawards of the outer limits of the territorial sea to the boundary of the Central Fishery Management Area (as so defined) then proceeding in a generally easterly direction to the outer limits of the territorial sea; then proceeding in a generally southerly direction to the point of commencement.

(1) No person may use a trawl net for fishing in any closed seamount area.

(2) In this regulation, closed seamount area means all waters within the following areas:

• (a) the area located in fisheries management area 2 that is bounded by—

  • (i) the latitudes 34°45'S and 34°56'S; and

  • (ii) the longitudes 179°00'E and 179°10'E:

• (b) the area located in fisheries management area 2 that is bounded by—

  • (i) the latitudes 35°35'S and 35°55'S; and

  • (ii) the longitudes 178°20'E and 178°40'E.

(1) A commercial fisher must not use a trawl net for fishing in the waters lying within an area bounded by a line that—

• (a) extends from Tirua Point (at 38°23.22′S and 174°38.06′E), then follows a line in a generally southerly direction by the mean high-water mark to the southernmost point of the north bank of the Awakino River (at 38°39.88′S and 174°37.24′E); and

• (b) then proceeds in a straight line across the Awakino River to a point on the south bank of the Awakino River (at 38°39.92′S and 174°37.22′E), then follows a line along the mean high-water mark to the southernmost point on the north bank of the Mokau River (at 38°42.36′S and 174°37.03′E); and

• (c) then proceeds in a straight line across the Mokau River to a point on the south bank of the Mokau River (at 38°42.40′S and 174°37.01′E), then follows a line along the mean high-water mark to the north bank of the Tongaporutu River (at 38°48.88′S and 174°35.23′E); and

• (d) then proceeds in a straight line across the Tongaporutu River to a point on the south bank of the Tongaporutu River (at 38°48.98′S and 174°35.23′E), then follows a line along the mean high-water mark to Pariokariwa Point (at 38°53.49′S and 174°30.35′E); and

• (e)  then proceeds generally north-west 2 nautical miles to 38°52.23′S and 174°28.27′E; and

• (f) then proceeds in a northerly direction along a line 2 nautical miles from the mean high-water mark to a point (at 38°22.84′S and 174°35.55′E); and

• (g) then proceeds in a straight line along the Central Fishery Management Area boundary in an easterly direction to Tirua Point (at 38°23.22′S and 174°38.06′E).

(2) For the purposes of the area defined in subclause (1), 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.

No commercial fisher shall use a Danish seine net within 3 nautical miles seaward of the mean high-water mark of the east coast of the North Island south of Cape Runaway (at 37°32.30′S and 177°59.00′E), the south coast of the North Island, and the west coast of the North Island south of the marine automatic light on Tirua Point (at 38 degrees 23′S and 174 degrees 38.5′E).

Notwithstanding anything in regulation 65(8) of the Fisheries (Commercial Fishing) Regulations 2001, no commercial fisher shall use or possess in the waters of the Central Fishery Management Area a set net having a total length exceeding 500 metres unless—

• (a) The net is set in waters 30 metres or more in depth, and no part of the upper surface of the net, when set, is 2 metres or less from the surface of the water; or

• (b) In any case where—

  • (i) The net is set in waters less than 30 metres in depth; or

  • (ii) Any part of the upper surface of the net, when set, is 2 metres or less from the surface of the water—

  the set net has surface floats attached to it at intervals of not more than 500 metres or part thereof.

Notwithstanding anything in regulation 66 of the Fisheries (Commercial Fishing) Regulations 2001, no commercial fisher shall leave any set net in the waters of the Central Fishery Management Area for more than 24 hours without underrunning the net and removing any fish that have been caught.

No commercial fisher shall use any set net within these waters defined by a line commencing at the mean high-water mark at Potikirua Point (at 37°32.53′S and 178°04.91′E); then proceeding in a straight line in a northerly direction to a position approximately 2 nautical miles from the point of commencement at 37 degrees 30.6′S and 178 degrees 4.8′E; then in a generally westerly direction by a line every point of which is 2 nautical miles from the mean high-water mark to a point approximately 2 nautical miles north of Cape Runaway (at 37°30.3′S and 177°59′E); then in a straight line in a southerly direction to the mean high-water mark at Cape Runaway (at approximately 37°32.3′S and 177°59′E); and then proceeding along the line of the mean high-water mark in a generally easterly direction to the point of commencement.

(1) A commercial fisher must not use a set net for fishing in the waters lying within an area bounded by a line that—

• (a) extends from Tirua Point (at 38°23.22′S and 174°38.06′E), then follows a line in a generally southerly direction by the mean high-water mark to the southernmost point of the north bank of the Awakino River (at 38°39.88′S and 174°37.24′E); and

• (b) then proceeds in a straight line across the Awakino River to a point on the south bank of the Awakino River (at 38°39.92′S and 174°37.22′E), then follows a line along the mean high-water mark to the southernmost point on the north bank of the Mokau River (at 38°42.36′S and 174°37.03′E); and

• (c) then proceeds in a straight line across the Mokau River to a point on the south bank of the Mokau River (at 38°42.40′S and 174°37.01′E), then follows a line along the mean high-water mark to the north bank of the Tongaporutu River (at 38°48.88′S and 174°35.23′E); and

• (d) then proceeds in a straight line across the Tongaporutu River to a point on the south bank of the Tongaporutu River (at 38°48.98′S and 174°35.23′E), then follows a line along the mean high-water mark to Pariokariwa Point (at 38°53.49′S and 174°30.35′E); and

• (e) then proceeds generally north-west 7 nautical miles to 38°49.23′S and 174°23.23′E; and

• (f) then proceeds in a northerly direction along a line 7 nautical miles from the mean high-water mark to a point (at 38°21.80′S and 174°29.43′E); and

• (g) then proceeds in a straight line along the Central Fishery Management Area boundary in an easterly direction to Tirua Point (at 38°23.22′S and 174°38.06′E).

(2) For the purposes of the area defined in subclause (1), 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.

No commercial fisher shall use a set net in the following waters:

• (a) Mahia Peninsula: All those waters lying within 2 nautical miles from a line commencing at Boat Harbour (at 39 degrees 0.7′S and 177 degrees 53.5′E) and proceeding along the mean high-water mark around Mahia Peninsula to the mouth of the Nuhaka River (at 39 degrees 03.5′S and 177 degrees 45′E):

• (b) Portland Island: All those waters lying within 2 nautical miles from the mean high water mark of the shore of Portland Island.

(1) Oriental Bay: No commercial fisher shall at any time between the 1st day of November in any year and the 30th day of April in the following year (both days inclusive) use any net for taking fish in the waters of Oriental Bay in Wellington Harbour which lie within a straight line from the northeastern corner of the boat harbour (at 41 degrees 17.53′S and 174 degrees 47.36′E) to Post Point at the eastern end of Oriental Bay (at 41 degrees 17.45′S and 174 degrees 47.83′E).

(2) South of Matiu/Somes Island: No commercial fisher shall use a set net in the waters of Wellington Harbour lying south of a line drawn from the eastern bank of the Hutt River mouth (at 41°14.75′S and 174°53.97′E), then to the southern extremity of Matiu/Somes Island (at 41°15.70′S and 174°51.96′E), then to a point on the foreshore immediately below the entrance to the Johnsonville rail tunnel (at 41 degrees 15.32′S and 174 degrees 48.32′E).

(3) Palmer Head to Pencarrow Head: No commercial fisher shall use a box or teichi net, trawl net, surrounding net, or set nets of a total length in excess of 1000 metres, in the waters of Wellington Harbour lying inside a straight line drawn from Palmer Head (at 41°20.68′S and 174°49.27′E) to Pencarrow Head (at 41°21.57′S and 174°50.95′E).

(4) No commercial fisher shall set any net within 60 metres of any other net within the waters described in subclause (1) or subclause (3) of this regulation.

(1) No commercial fisher shall take fish from the waters of Porirua Harbour lying inside a straight line drawn between the 2 un-named headland points, from West Head (at 41 degrees 05.50′S and 174 degrees 51.20′E) to East Head (at 41°04.98′S and 174°51.85′E).

(2) Notwithstanding subclause (1) of this regulation, a commercial fisher may take crab from the waters described in that subclause by the method of potting.

(1) No commercial fisher may take fish, aquatic life, or seaweed from Pukerua Bay, except by the method of a hand-held line.

(2) In this regulation, Pukerua Bay means waters within a line that—

• (a) commences at a point on the coastline east of Wairaka Point at 41°01.84′S and 174°52.26′E; and

• (b) then proceeds north to a prominent rock at 41°01.68′S and 174°52.26′E; and

• (c) then proceeds generally northeast to a point on the coastline at 41°00.94′S and 174°54.96′E; and

• (d) then proceeds generally southwest following the coastline to the point of commencement.

No commercial fisher shall take or have in possession any paua or mussels taken from those waters below the mean high-water mark between Cape Runaway (at 37°32.30′S and 177°59.00′E) in the north, and Blackhead Lighthouse (at 40 degrees 13.2′S and 176 degrees 47.2′E) in the south, or from the waters within 1000 metres of the coast of Portland Island or the waters within 1000 metres of the coast of East Island.

No person shall take any finfish from all those waters of Hawke Bay enclosed by a line commencing at the mouth of the Moeangiangi River at a point 39°14.75′S and 177°01.32′E; then in a southeasterly direction to a point 39 degrees 16.6′S and 177 degrees 07.6′E; then in a northeasterly direction to a point 39 degrees 11.3′S and 177 degrees 21.2′E; then in a northwesterly direction to the Waihua River mouth to a point 39°05.51′S and 177°17.60′E; then along the mean high-water mark to the northernmost bank of the mouth of the Mohaka River (at 39 degrees 07.03′S and 177 degrees 11.03′E), then by a straight line to the southernmost bank of the mouth of the Mohaka River (at 39°07.22′S and 177°11.03′E); then along the mean high-water mark to the point of commencement.

(1) Paritu to Nuhaka River: No commercial fisher shall take or have in possession any shellfish (except rock lobsters) taken from the area below the mean high-water mark between Paritu (at 38°56.90′S and 177°54.23′E) and the mouth of the Nuhaka River (at 39 degrees 03.5′S and 177 degrees 45′E), or from the waters within 2 nautical miles of Mahia Peninsula, or the waters within 2 nautical miles of Portland Island.

(2) Wellington Harbour: No commercial fisher shall take by any fishing method or have in possession any shellfish (except rock lobsters and crabs) taken from the waters of Wellington Harbour lying inside a straight line drawn from Pencarrow Head low level light (at 41 degrees 21.7′S and 174 degrees 50.9′E) to Palmer Head (at 41°20.68′S and 174°49.27′E).

(3) Wanganui River Mouth: No commercial fisher shall take by any fishing method, or have in possession, any paua or mussels taken from those waters lying within 5 nautical miles due west of the mean high-water mark between Tirua Point (at 38°23.22′S and 174°38.06′E) and the Wanganui River mouth south mole (at 39 degrees 57.1′S and 174 degrees 59.9′E).

(4) Waikanae River Mouth: No commercial fisher shall take by any fishing method, or have in possession, any paua, mussels, cockles, or pipis taken from those waters lying within 5 nautical miles due west of the mean high-water mark between the Waikanae River mouth (at 40 degrees 52.4′S and 175 degrees 00.4′E) and Turakirae Head (at 41°25.93′S and 174°55.10′E), and including those waters lying within 2 nautical miles of Mana Island (at 41 degrees 05.3′S and 174 degrees 47′E) and Kapiti Island (at 40 degrees 51.5′S and 174 degrees 55′E).

No commercial fisher shall take or have in possession any Kina taken from the following areas:

• (a) Those waters enclosed by a straight line drawn from Paraparaumu Beach (at 40 degrees 53.20′S and 174 degrees 59.0′E) to the North Point of the entrance to Porirua Harbour (at 41°03.88′S and 174°50.46′E):

• (b) Those waters enclosed by a straight line drawn from the North Point of the entrance to Porirua Harbour (at 41°03.88′S and 174°50.46′E) to Rock Point (at 41°07.77′S and 174°47.35′E):

• (c) those waters enclosed by a straight line drawn from Red Rocks (at 41°21.6'S and 174°43.20'E) to Baring Head (at 41°24.60'S and 174°52.20'E) including Wellington Harbour.

(1) No commercial fisher shall take or have in possession any seaweed taken from any of the following areas:

• (a) Cape Kidnappers: Within a 1 nautical mile radius of Cape Kidnappers (at 39°38.59′S and 177°05.73′E):

• (b) Porongahau Estuary: Within a 3 nautical mile radius of Porongahau Estuary (at 40 degrees 15.4′S and 176 degrees 42.1′E):

• (c) Herbertville Beach: Within a 2 nautical mile radius of Wainui River Mouth (at 40 degrees 29.8′S and 176 degrees 33.7′E):

• (d) Owahanga River Mouth and beach: Within a 2 nautical mile radius of Owahanga River Mouth (at 40 degrees 40.8′S and 176 degrees 21.2′E):

• (e) Castlepoint: Within a half nautical mile radius of the Castlepoint basin (at 40°54.02′S and 176°13.88′E):

• (f) Cape Palliser: Within a 1 nautical mile radius of the Cape Palliser lighthouse (at 41°36.80′S and 175°17.40′E).

(2) Nothing in subclause (1) of this regulation shall apply to the taking of any seaweed of the class Rhodophyceae that is floating free and unattached, or that has been cast ashore.

(1) No commercial fisher shall take or have in possession any fish taken within the prescribed area other than as permitted under subclauses (2) and (3) of this regulation.

(2) Subject to subclause (3) of this regulation, any commercial fisher may take by trolling a combined total of 100 kingfish and kahawai within the prescribed area in any day.

(3) Where more than one commercial fisher is on board any vessel, the maximum combined total of kingfish and kahawai that may be taken within the prescribed area from that vessel shall be 100.

(4) No commercial fisher shall be in possession of any fishing gear within the prescribed area that is not permitted to be used in that area unless the gear is stowed or sealed in such a manner that it cannot readily be used for fishing.

(5) For the purposes of this regulation—

• (a) The expression prescribed area means the waters and islands bounded by a line commencing at the mean high-water mark drawn from a point 39°04.22′S and 174°01.19′E; then in a westerly direction to a point 39°03.83′S and 173°59.96′E then along the line of an arc of 900m radius from a point 39°03.38′S and 174°00.20′E on Waikaranga (Seal Rock) to a point 39°03.07′S and 173°59.72′E; then in a line to a point 39°02.43′S and 174°00.41′E; then along the line of an arc of 900 m radius from a point 39°02.74′S and 174°00.89′E on Matumahanga (Saddleback Island) to a point 39°02.37′S and 174°01.29′E; then along a line from the navigation light on the lee breakwater of Port Taranaki at 39°03.30′S and 174°02.68′E to a point where this line intersects the northwestern boundary of the New Plymouth Roadstead extended; then to a point where the northwestern boundary of the New Plymouth Roadstead crosses the mean high-water mark in the vicinity of Paritutu; then in a southwesterly direction along the mean high water mark to the point of commencement:

• (b) The expression trolling means line fishing using an artificial lure with the line being towed by a vessel making way.

(1) [Revoked]

(2) [Revoked]

(3) [Revoked]

(4) No commercial fisher shall take any kina from the waters between the south bank of the Tukituki River at 39°36.1′S and 176°56.2′E) and the mouth of the Waipuka Stream (at 39°44.66′S and 177°00.64′E).

(5) No commercial fisher shall take any kina from the waters of quota management area SUR2A or quota management area SUR2B or quota management area SUR8, for the purpose of sale, by any means other than hand-gathering.

No commercial fisher shall take from the waters of quota management area 2 or quota management area 8 any paddle crab that is carrying any external eggs or from which any of the external eggs have been removed by artificial means, or be in possession of any such paddle crab if it has been taken from either of those waters.

(1) No commercial fisher shall use any methods other than hand-gathering or the use of a pot (not being a rock-lobster pot) to fish for any octopus or hagfish in the waters of quota management area 2 or quota management area 8.

(2) Nothing in subclause (1) of this regulation shall apply to any commercial fisher who is lawfully fishing for any rock lobster in either of those waters.

(3) Nothing in subclause (1) of this regulation shall apply to any commercial fisher who takes any octopus or hagfish as an inevitable consequence of the lawful taking of other fish, aquatic life, or seaweed.

(1) No commercial fisher shall use any trawl net, set net, or surrounding net to take any fish or aquatic life from the waters of quota management area 2 or quota management area 8, unless that method of netting is specifically authorised by a fishing permit held by that commercial fisher.

(2) No commercial fisher shall use any dredge to take any fish or aquatic life from the waters of quota management area 2 or quota management area 8, unless that method is specifically authorised by a fishing permit held by that commercial fisher.

(1) No person shall take any seaweed from the waters of quota management area 2 or quota management area 8 by any method other than hand gathering.

(2) Nothing in subclause (1) shall apply to the taking of seaweed of the class Rhodophyceae that is floating free and unattached, or that has been cast ashore.

(1) No commercial fisher shall take any eel from the waters of any National Park within quota management area 2 or quota management area 8.

(2) For the purposes of this regulation, National Park means any area declared to be a National Park pursuant to the provisions of the National Parks Act 1980.

(1) No commercial fisher shall take any rock lobster from the waters of quota management area 3, or be in possession of any rock lobster taken from those waters, or fish using any rock lobster pot in those waters, during—

• (a) The month of May in any year

• (b) [Revoked]

• (c) [Revoked]

(2) Notwithstanding subclause (1) of this regulation, a commercial fisher may possess any rock lobster taken from the waters of quota management area 3 during any period specified in that subclause, if the rock lobster was taken from those waters on a day to which that subclause does not apply.

(3) No person shall sell or possess for sale or process rock lobster taken from the waters of quota management area 3 during any period specified in subclause (1) of this regulation.

(4) Notwithstanding subclause (3) of this regulation, a person may sell or possess for sale or process any rock lobster taken from the waters of quota management area 3 in any period specified in subclause (1) of this regulation, if the rock lobster was taken from those waters on a day to which subclause (1) of this regulation does not apply.

(5) [Revoked]

(6) [Revoked]

(7) [Revoked]

(8) [Revoked]

(1) Notwithstanding regulation 37 of the Fisheries (Commercial Fishing) Regulations 2001, but subject to regulation 41 of those regulations, any person authorised under a quota to take spiny rock lobster from quota management area 3 may take or be in possession of or sell to a licensed fish receiver an undersize male spiny rock lobster, if—

• (a) The spiny rock lobster is taken from quota management area 3 during the months of June, July, or August in any year, or during the month of September in the year 2000; and

• (b) Either—

  • (i) The spiny rock lobster was, or (if on board a fishing vessel) is to be, landed at a point lying within quota management area 3; or

  • (ii) The spiny rock lobster was, or (if on board a fishing vessel) is to be, landed at a point lying outside quota management area 3 with the prior approval of the chief executive of the Ministry of Fisheries, and in accordance with such conditions as the chief executive imposes; and

• (c) The spiny rock lobster is, or (if on board a fishing vessel) is to be, delivered and sold to a licensed fish receiver; and

• (d) The width of the tail of the spiny rock lobster is not less than 52mm when measured in accordance with regulation 14L of these regulations.

(2) Notwithstanding regulation 37(2) of the Fisheries (Commercial Fishing) Regulations 2001, but subject to regulation 14M of these regulations, a licensed fish receiver may sell or possess or process a male spiny rock lobster, or male spiny rock lobster tail, taken in accordance with subclause (1) of this regulation.

(1) For the purposes of regulation 14K of these regulations the width of the tail of a male spiny rock lobster shall be measured in accordance with regulation 38 of the Fisheries (Commercial Fishing) Regulations 2001, subject to the following modifications:

• (a) References in that regulation to the expression “54” (wherever it occurs) shall be read as if there were substituted for that expression (in each case) the expression “52”:

• (b) Instead of measuring a male spiny rock lobster by means of the tail width measuring device referred to in that regulation, the rock lobster shall be measured by means of a tail width measuring device supplied by the chief executive and bearing a MAF mark and identifying number, and consisting of a handle with an attachment comprising one set of rigid calliper type arms. This set of calliper type arms has one arm that bears a raised L- shaped projection (hereinafter called the measuring bar), and a second arm that is marked with a line some 2mm away from and parallel to the projected edge of the central column of the device, and the expressions “52” and “M”, and is inscribed with the words “CRA3 Gisborne Concession”.

(2) The measurement of the tail width of a male spiny rock lobster by a tail width measuring device supplied by the chief executive and bearing an MAF mark and an identifying number shall not be in accordance with subclause (1) of this regulation unless the device is referred to in a report that—

• (a) Is issued by either the Measurement Standards Laboratory of New Zealand (as defined in the National Standards Regulations 1976) or an Inspector of Weights and Measures or accredited person as defined in section 2 of the Weights and Measures Act 1987); and

• (b) Certifies the device as an accurate tail width measuring device.

(1) Any person who sells or possesses or processes male spiny rock lobsters or male spiny rock lobster tails pursuant to the authority of regulation 14K of these regulations shall ensure that, except as otherwise authorised by these regulations,—

• (a) All tailing and processing of male spiny rock lobsters and processing of male spiny rock lobster tails is carried out by a licensed fish receiver; and

• (b) Male spiny rock lobsters and male spiny rock lobster tails are held in a container clearly and legibly marked with the words “Gisborne Rock Lobsters”.

(2) No licensed fish receiver shall sell or otherwise transfer to any person within New Zealand other than a licensed fish receiver any rock lobster with a tail, or any rock lobster tail, measuring less than 54mm.

(1) A person commits an offence and is liable on summary conviction to a fine not exceeding $20,000 if the person acts in contravention of, or fails to comply with, any of regulations 7B, 13, 13A, 14B(4) or (5), 14D, or 14E.

(2) A person commits an offence and is liable on summary conviction to a fine not exceeding $100,000 if the person acts in contravention of, or fails to comply with, any of regulations 3, 3A, 4 to 6, 6A, 6B, 6C, 7, 7A, 7C, 7D, 8, 9, 9A, 9B, 10 to 12, 14, 14G, 14H, 14I, 14J, and 14M.

The following notices are hereby revoked—

• (a) The Fisheries (Palmerston North Commercial Fishing Restrictions) Notice 1983 (SR 1983/312):

• (b) The Fisheries (Hastings Commercial Fishing Restrictions) Notice 1984, published in the Gazette of 1984 at p 576.