Fisheries (Challenger Area Commercial Fishing) Regulations 1986

Reprint
as at 12 May 2011

Coat of Arms of New Zealand

Fisheries (Challenger Area Commercial Fishing) Regulations 1986

(SR 1986/218)

Paul Reeves, Governor-General

Order in Council

At Wellington this 2nd day of September 1986

Present:
The Right Hon G W R Palmer presiding in Council

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry of Fisheries.

Pursuant to section 89 of the Fisheries Act 1983, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

Contents

1 Title and commencement

2 Interpretation

2A Minimum set net mesh size

2B Set nets exceeding 1 000 m, and box or teichi nets, prohibited in defined areas

2BA Set netting prohibited in shallow waters

2BB Set net soak time

2BC Set net fishing prohibited in certain areas from Clarence Point to Cape Jackson

2BD Set net fishing prohibited in certain areas from Farewell Spit Lighthouse to Awarua Point

2C Finfishing prohibited in inner Queen Charlotte Sound

2D Finfishing prohibited in Croisilles Harbour

2E Certain fishing prohibited in Pelorus Sound

3 Drag netting prohibited in Queen Charlotte Sound

3A Prohibitions relating to other parts of Queen Charlotte Sound

4 Trawling prohibited in certain areas from Clarence Point to Cape Jackson

5 Trawling prohibited at certain times in Golden Bay

6 Trawling and dredging prohibited in research areas in Golden Bay [Revoked]

6A Trawl and surrounding nets prohibited in certain areas

7 Trawling prohibited in Queen Charlotte Sound and restricted in Pelorus Sound

7A Trawling by vessels over 46 m long prohibited in certain waters

8 Pair trawling restricted in Tasman Bay

8A Trawling in Port Underwood by vessels longer than 20 m prohibited

9 Fishing prohibited in Double Cove, Queen Charlotte Sound

9A Taking of shellfish and kina prohibited in certain parts of Queen Charlotte Sound

10 Fishing restrictions in Separation Point fisheries area

11 Fishing in Tasman Bay and Golden Bay [Revoked]

12 Conditions for taking oysters

12A Conditions and restrictions relating to scallops

12B Size concession for scallops

12C Restrictions on taking cockle

13 Scallop quotas [Revoked]

13A Oyster fishing restrictions [Revoked]

13B Pacific oyster

14 Taking mussels

14A Targeting of certain fish, aquatic life, and seaweed prohibited, unless specially authorised [Revoked]

14AA Fish, aquatic life, and seaweed that may be taken subject to competitive or individual quotas, method restrictions, etc [Revoked]

14B Kina season and quotas [Revoked]

14C Restriction on method of taking of kina [Revoked]

14D Sea cucumber season and quota [Revoked]

14E Taking of certain paddle crabs prohibited

14F Restriction on method of taking of octopus, or hagfish

14G Season and quotas for anchovy, garfish, pilchards, and sprats [Revoked]

14H Restrictions on use of nets and dredges [Revoked]

14I Restriction on method of taking seaweed

14J Taking of eels in Pelorus River prohibited

15 Offences

15A Levies in respect of southern scallop fishery [Revoked]

16 Revocation

Regulations

1 Title and commencement

  • (1) These regulations may be cited as the Fisheries (Challenger 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.

2 Interpretation

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

    Act means the Fisheries Act 1996

    anchovy means the fish Engraulis australis

    blue moki means a fish of the species Latridopsis ciliaris

    cardinal fish means a fish of the genus Epigonus

    Challenger Fisheries Management Area means all that area of New Zealand fisheries waters enclosed by a line that—

    • (a) commences on the mean high-water mark of the west coast of the South Island at the westernmost point of Awarua Point (at 44°15.60′S and 168°03.10′E); and

    • (b) then proceeds west along the line of this latitude to the exclusive economic zone boundary (longitude 162°12.90′E); and

    • (c) then proceeds in a generally north-easterly direction along the exclusive economic zone boundary to the easternmost point of the exclusive economic zone boundary nearest (at 37°35.60′S and 170°05.70′E); and

    • (d) then proceeds in a generally south-easterly direction directly to a point (at 40°32.00′S and 174°20.00′E); and

    • (e) then proceeds in a generally southerly direction directly to the Brothers Island light (at 41°06.20′S and 174°26.50′E; and

    • (f) then proceeds in a generally southerly direction directly to a point (at 42°10.00′S and 174°42.00′E); and

    • (g) then proceeds west along the 42°10.00′S line of latitude to the mean high-water mark of the South Island near Clarence Point (longitude 173°56.50′E); and

    • (h) then proceeds along the mean high-water mark of the South Island in a generally northerly, westerly, and south-westerly direction to the point of commencement

    cockle means the shellfish of the species Chione (Austrovenus) stutchburyi

    cod-end means that end part of a net which is normally closed during fishing and is capable of holding fish while in the water; and includes, in respect of a net—

    • (a) carried on a vessel not exceeding 10 m overall length, not less than the last 3 m of net:

    • (b) carried on a vessel 10 m or more but less than 20 m overall length, not less than the last 5 m of net:

    • (c) carried on a vessel 20 m or more but less than 30 m overall length, not less than the last 10 m of net:

    • (d) carried on a vessel 30 m or more but less than 40 m overall length, not less than the last 15 m of net:

    • (e) carried on a vessel 40 m or more overall length, not less than the last 20 m of net

    commercial fisher means—

    • (a) any person who takes any fish, aquatic life, or seaweed for the purposes of sale:

    • (b) any person who is engaged in any capacity on a New Zealand fishing vessel:

    • (c) any person who has a fishing permit issued under section 91 of the Fisheries Act 1996 entitling the person to take any species or class of fish, aquatic life, or seaweed

    crab means the paddle or swimming crab that has the scientific name Ovalipes catharus

    Danish seine net means any net or part of a net (including any warp, rope, chain, material, or device used in conjunction with or attached to the net) that—

    • (a) has a buoyancy system on the top edge; and

    • (b) is weighted on the bottom edge; and

    • (c) is operated, without the use of any horizontal net opening device, by surrounding any fish and being drawn over the bed of any waters, or through any waters, to 1 or more vessels

    Danish seining means the use of a Danish seine net

    day means a period of 24 hours computed from midnight to midnight

    drag net or beach seine net means any net or part of a net (including any warp, rope, chain, material, or device used in conjunction with, or attached to, the net) that—

    • (a) has a buoyancy system on the top edge; and

    • (b) is weighted on the bottom edge; and

    • (c) is operated by surrounding any fish and being drawn over the bed of any waters or through any waters to the shore

    dredge means a device towed on or over or capable of being towed on or over the seabed primarily for the collection of shellfish; and includes a box dredge or ring dredge

    dredge oyster means a shellfish of the species Tiostrea chilensis

    frostfish means a fish of the species Lepidopus caudatus

    garfish means the fish (also commonly known as piper) that has the scientific name Hyporhamphus ihi

    ghost shark means a fish of the species of the genera Hydrolagus and Chimara

    green-lipped mussel means a shellfish of the species Perna canaliculus; but excludes green-lipped mussel spat

    grey mullet means a fish of the species Mugil cephalus

    hagfish means a fish of the species Eptatretus cirrhatus (also known as blind eel)

    hand-gathering includes shore picking, diving, hand digging for shellfish, and hand cutting of seaweed, but does not include diving using underwater breathing apparatus

    hapuku/bass means a fish of the species Polyprion oxygeneios or Polyprion moene

    horse mussel means a shellfish of the species Atrina zelandica

    kahawai means a fish of the species Arripis trutta

    kina means the shellfish that has the scientific name Evechinus chloroticus, also commonly known as the sea egg; and includes the purple urchin that has the scientific name Centrostephanus rodgersii; and also includes the sea egg of the genus Pseudechinus

    low headline height trawl net means a trawl net that—

    • (a) has been manufactured or modified with the intention of having a net opening with a vertical height of no more than 1 m; and

    • (b) is fitted with a device (for example, a spreader bar, rope, or wire) that is no more than 1 m long on the wing-end to constrain the wing-end height to below 1 m; and

    • (c) has buoyancy on the headline that does not exceed 60 kg

    mechanical cockle harvester—

    • (a) means a device—

      • (i) that is driven, towed, or propelled by a mechanical means over the seabed or foreshore; or

      • (ii) attached to, or used in conjunction with, another mechanical device that is capable of taking cockles; but

    • (b) does not include handtools or support equipment used in conjunction with hand-gathering

    munida means the crustacean Munida gregaria

    mussel means the green-lipped mussel (Perna canaliculus), the blue mussel (Mytilus edulis aoteanus), and the horse mussel (Atrina zelandica)

    net includes any net capable of being used to take fish; but does not include a whitebait net

    octopus means the shellfish Octopus maorum

    otter board means any device, including a paravane, used or capable of being used to keep a net or a trawl net open

    overall length means the length of a vessel measured by a straight middle line from the extreme forward end to the extreme aft end of the hull of the vessel

    oyster includes the kinds of molluscs known as Saccostrea glomerata (formerly known as Crassostrea glomerata or Saxostrea glomerata) and Crassostrea gigas, commonly known as the rock oyster and Pacific oyster respectively; and Tiostrea lutaria (formerly known as Ostrea lutaria), commonly known as the dredge oyster

    Pacific oyster means a mollusc of the species Crassostrea gigas

    paddle crab means a crab of the species Ovalipes catharus

    pair trawling means using a trawl net that is towed or hauled through the water by more than 1 vessel

    pilchard means the fish Sardinops neopilchardus

    prawn means a crustacean of the order Decapoda which are natant (able to swim)

    ribaldo means a fish of the species Mora moro

    rock lobster means the fish that has the scientific name Jasus edwardsii (commonly known as the spiny or red rock lobster) or Jasus verreauxi (commonly known as the packhorse or green rock lobster)

    rock lobster pot means any pot, whether baited or not, that is capable of catching or holding rock lobsters; and includes any other device capable of catching, holding, or storing rock lobsters

    rock oyster means a mollusc of the species Saccostrea glomerata (formerly known as Crassostrea glomerata or Saxostrea glomerata)

    rubyfish means a fish of the species Phagiogeneion rubiginosus

    scallop means the mollusc Pecten novaezelandiae

    school shark means a fish of the species Galeorhinus australis

    sea cucumber means a holothurian of the genus Stichopus

    sea perch means a fish of the genus Helicolenus

    set net includes a gill net or any other sort of net which acts by enmeshing, entrapping, or entangling any fish; but does not include a fyke net or a hinaki trap

    surrounding net includes a drag net, Danish seine net, drum seine net, purse seine net, lampara net, and all modes of fishing whereby fish are encircled

    trawl net means any net or part of a net (including any warp, rope, chain, material, or device used in conjunction with or attached to the net) that—

    • (a) has a buoyancy system on the top edge; and

    • (b) is weighted on the bottom edge; and

    • (c) is operated by being drawn over the bed of any waters or through any waters by 1 or more vessels underway—

    but does not include a Danish seine net

    trumpeter means a fish of the species Latris lineata

    whitebait net means any net, contrivance, instrument, or device used or capable of being used to take the fish commonly called whitebait

    yellow-eyed mullet means a fish of the species Aldichetta forsteri.

    (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 of the Fisheries (Quota Management Areas, Total Allowable Catches, and Catch Histories) Notice 1986 (SR 1986/267).

    Regulation 2: substituted, on 26 September 1991, by regulation 2(1) of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 11 (SR 1991/162).

    Regulation 2(1) Act: substituted, on 1 October 2001, by regulation 3(1) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) albacore tuna: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) bigeye tuna: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) black (seal) shark: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) blue mackerel: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) blue moki: inserted, on 30 September 1993, by regulation 2(2) of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 14 (SR 1993/281).

    Regulation 2(1) broadbill swordfish: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) bronze whaler shark: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) butterfish: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) butterfly tuna: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) catseye: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) Challenger Fisheries Management Area: substituted, on 1 October 2008, by regulation 4(1) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 2(1) cockle: substituted, on 1 October 2002, by regulation 3 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2002 (SR 2002/276).

    Regulation 2(1) commercial fisher: inserted, on 1 October 2001, by regulation 3(3) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) commercial fisherman: revoked, on 1 October 2001, by regulation 3(3) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) conger eel: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) Cooks turban: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) deepwater crab: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) dog cockle: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) dredge oyster: substituted, on 1 October 1994, by regulation 2 of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 16 (SR 1994/177).

    Regulation 2(1) durvillea: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) ecklonia: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) flying fish: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) galaxids, adult: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) gracilaria: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) green-lipped mussel spat: revoked, on 21 October 2004, by regulation 3 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2004 (SR 2004/334).

    Regulation 2(1) greeneye dogfish: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) grey mullet: inserted, on 30 September 1993, by regulation 2(2) of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 14 (SR 1993/281).

    Regulation 2(1) hapuku/bass: inserted, on 30 September 1993, by regulation 2(2) of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 14 (SR 1993/281).

    Regulation 2(1) king clam: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) lamprey: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) leatherjacket: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) lessonia: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) limpet: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) long-finned eel: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) lookdown dory: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) low headline height trawl net: inserted, on 1 October 2008, by regulation 4(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 2(1) macrocystis: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) mechanical cockle harvester: inserted, on 1 October 2002, by regulation 3 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2002 (SR 2002/276).

    Regulation 2(1) mud snail: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) periwinkle: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) pipi: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) porae: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) porphyra: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) pterocladia: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) ray's bream: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) red snapper: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) saury: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) scampi: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) school shark: inserted, on 30 September 1993, by regulation 2(2) of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 14 (SR 1993/281).

    Regulation 2(1) sea hare: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) sea horse: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) sea slug: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) sea tulip: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) set net: substituted, on 30 November 1995, by regulation 2(2) of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 18 (SR 1995/234).

    Regulation 2(1) sevengill shark: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) short-finned eel: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) shovelnose spiny dogfish: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) silver dory: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) sixgill shark: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) skate and ray: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) skipjack tuna: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) slender tuna: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) smelt, adult: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) southern bluefin tuna: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) sowfish: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) spiny dogfish: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) sponge: revoked, 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) sprat: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) surf clam: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) thresher shark: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) tuatua: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) ulva: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) undaria: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) virgin paua: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) volutes: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) whelk: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) yellowfin tuna: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) yellowtailed kingfish: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2(1) zostera: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

2A Minimum set net mesh size

  • 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 Challenger Fishery Management Area shall not be less than the appropriate size specified in the following table:

    Species of fishMinimum set net mesh size
    (mm)
    Blue moki114
    Bluenose160
    Hapuku/bass160
    Kahawai100
    Grey mullet100
    School shark150

    Regulation 2A: inserted, on 30 September 1993, by regulation 3 of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 14 (SR 1993/281).

    Regulation 2A: amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2A: amended, on 1 October 2001, by regulation 11 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

2B Set nets exceeding 1 000 m, and box or teichi nets, prohibited in defined areas

  • (1) No commercial fisher shall use a box or teichi net in the following waters:

    • (a) Port Underwood: the waters of Port Underwood lying inside a straight line drawn from Robertson Point (at 41°21.02′S and 174°07.26′E) to the southern tip of Robin Hood Bay (at 41°21.90′S and 174°04.60′E):

    • (b) Queen Charlotte Sound: the waters lying inside a straight line drawn from Cape Jackson (at 40°59.70′S and 174°18.80′E) to Cape Koamaru (at 41°05.50′S and 174°23.00′E), and inside a line drawn from East Head (at 41°12.60′S and 174°19.40′E) to West Head at the entrance to Tory Channel (at 41°12.79′S and 174°18.92′E):

    • (c) Pelorus Sound: the waters lying inside a straight line drawn from Paparoa Head (at 40°54.63′S and 174°01.34′E) to Alligator Head (at 40°58.20′S and 174°09.40′E):

    • (d) Admiralty Bay: the waters of Admiralty Bay lying inside a straight line drawn from Collinet Point (at 40°55.42′S and 173°50.59′E) to Clay Point (at 40°53.33′S and 173°58.71′E):

    • (e) Catherines Cove: the waters of Catherines Cove lying inside a straight line drawn from the south-western point of D'Urville Peninsula (at 40°52.65′S and 173°53.76′E) to Reef Point (at 40°52.52′S and 173°52.71′E):

    • (f) Port Hardy: the waters of Port Hardy lying inside a straight line drawn from Nile Head (at 40°43.70′S and 173°52.25′E) to Cape Stephens (at 40°41.57′S and 173°57.21′E):

    • (g) Greville Harbour: the waters of Greville Harbour lying inside a straight line drawn from Ragged Point (at 40°50.00′S and 173°47.10′E) to Two Bay Point at the northern entrance of the harbour (at 40°48.90′S and 173°47.65′E):

    • (h) Manuwhakapakapa Harbour: the waters of Manuwhakapakapa Harbour lying inside a straight line drawn from Sauvage Point (at 40°56.47′S and 173°46.32′E) to Okarewa Point (at 40°53.72′S and 173°46.30′E):

    • (i) Croisilles Harbour: the waters of Croisilles Harbour lying inside a straight line drawn from Cape Soucis (at 41°03.20′S and 173°35.60′E) to the outermost point of Motuanauru Island (at 41°02.50′S and 173°38.40′E) to the outermost point of Otuhaereroa Island (at 41°02.30′S and 173°39.60′E) to Kokaho Point (at 41°02.18′S and 173°40.33′E):

    • (j) Nelson Harbour/Waimea Estuary: the waters of Nelson Harbour/Waimea Estuary lying inside a straight line drawn from a point at the outer west channel entrance at Mapua (at 41°15.04′S and 173°06.42′E) to the eastern tip of Rabbit Island (at 41°17.10′S and 173°11.70′E) to the southernmost tip of Boulder Bank (at 41°15.80′S and 173°15.50′E):

    • (k) Wainui Bay: the waters of Wainui Bay lying inside a straight line drawn from Abel Tasman Point (at 40°48.10′S and 172°55.30′E) to Taupo Point (at 40°47.36′S and 172°57.24′E):

    • (l) Whanganui Inlet: the waters of Whanganui Inlet lying inside a straight line drawn from a point on the west headland at 40°35.00′S and 172°32.00′E to a point on the east headland at 40°34.46′S and 172°33.05′E.

    (1A) A commercial fisher must not use set nets of a total length exceeding 1 000 m in the waters referred to in subclause (1)(c) to (l).

    (2) No commercial fisher shall set any net within 60 metres of any other net within any waters defined in subclause (1).

    Regulation 2B: inserted, on 30 September 1993, by regulation 3 of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 14 (SR 1993/281).

    Regulation 2B(1): amended, on 1 October 2008, by regulation 5(1) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 2B(1): amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2B(1)(a): amended, on 1 October 2008, by regulation 5(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 2B(1)(b): amended, on 1 October 2008, by regulation 5(3)(a) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 2B(1)(b): amended, on 1 October 2008, by regulation 5(3)(b) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 2B(1)(b): amended, on 1 October 2008, by regulation 5(3)(c) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 2B(1)(b): amended, on 30 October 1993, by regulation 2(a) of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 15 (SR 1993/352).

    Regulation 2B(1)(c): amended, on 1 October 2008, by regulation 5(4) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 2B(1)(c): amended, on 30 October 1993, by regulation 2(b) of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 15 (SR 1993/352).

    Regulation 2B(1)(d): substituted, on 1 April 1995, by regulation 2 of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 17 (SR 1995/34).

    Regulation 2B(1)(d): amended, on 1 October 2008, by regulation 5(5) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 2B(1)(e): amended, on 1 October 2008, by regulation 5(6) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 2B(1)(f): amended, on 1 October 2008, by regulation 5(7) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 2B(1)(g): amended, on 1 October 2008, by regulation 5(8)(a) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 2B(1)(g): amended, on 1 October 2008, by regulation 5(8)(b) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 2B(1)(h): amended, on 1 October 2008, by regulation 5(9) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 2B(1)(i): amended, on 1 October 2008, by regulation 5(10) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 2B(1)(j): amended, on 1 October 2008, by regulation 5(11) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 2B(1)(k): amended, on 1 October 2008, by regulation 5(12) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 2B(1)(l): amended, on 1 October 2008, by regulation 5(13) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 2B(1A): inserted, on 1 October 2008, by regulation 5(14) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 2B(2): amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

2BA Set netting prohibited in shallow waters

  • 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 Challenger 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.

    Regulation 2BA: inserted, on 24 October 1996, by regulation 2 of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 21 (SR 1996/277).

    Regulation 2BA: amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2BA: amended, on 1 October 2001, by regulation 11 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

2BB Set net soak time

  • 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 Challenger Fishery Management Area for more than 24 hours without underrunning the net and removing any fish that have been caught.

    Regulation 2BB: inserted, on 24 October 1996, by regulation 2 of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 21 (SR 1996/277).

    Regulation 2BB: amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2BB: amended, on 1 October 2001, by regulation 11 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

2BC Set net fishing prohibited in certain areas from Clarence Point to Cape Jackson

  • (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) commences at the mean high-water mark at Clarence Point (at 42°10.00′S and 173°56.00′E); and

    • (b) then proceeds due east 4 nautical miles to a point on the Challenger Fisheries Management Area boundary (at 42°10.00′S and 174°01.74′E); and

    • (c) then proceeds in a northerly direction in a line 4 nautical miles from the mean high-water mark to a point on the Challenger Fisheries Management Area boundary (at 41°11.37′S and 174°27.76′E); and

    • (d) then proceeds in a straight line to a point on the Challenger Fisheries Management Area boundary (at 41°01.85′S and 174°25.67′E); and

    • (e) then proceeds in a line 4 nautical miles from the mean high-water mark to a point 4 nautical miles due north of Cape Jackson light (at 40°55.62′S and 174°18.80′E); and

    • (f) then proceeds due south to Cape Jackson light (at 40°59.70′S and 174°18.80′E); and

    • (g) then proceeds in a southerly direction along the mean high-water mark to the west bank of the Wairau River (at 41°30.02′S and 174°03.65′E); and

    • (h) then proceeds in a straight line to the east bank of the Wairau River (at 41°30.05′S and 174°03.72′E); and

    • (i) then proceeds south along the line of the mean high-water mark to Clarence Point (at 42°10.00′S and 173°56.00′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 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 rivers where specific coordinates are provided.

    Regulation 2BC: inserted, on 1 October 2008, by regulation 6 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 2BC(1)(b): substituted, on 20 November 2008, by regulation 4(1) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/405).

    Regulation 2BC(1)(c): substituted, on 20 November 2008, by regulation 4(1) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/405).

    Regulation 2BC(1)(e): substituted, on 20 November 2008, by regulation 4(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/405).

    Regulation 2BC(2): amended, on 1 June 2009, by regulation 4(a) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2009 (SR 2009/100).

    Regulation 2BC(2): amended, on 1 June 2009, by regulation 4(b) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2009 (SR 2009/100).

2BD Set net fishing prohibited in certain areas from Farewell Spit Lighthouse to Awarua Point

  • (1) A commercial fisher must not, during the period commencing on 1 December in each year and ending on 28 February in the next year (both days inclusive), use a set net for fishing in the waters lying within an area bounded by a line that—

    • (a) extends from Farewell Spit Lighthouse (at 40°32.70′S and 173°00.50′E); and

    • (b) 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 Whanganui Inlet east headland (at 40°34.46′S and 172°33.05′E); and

    • (c) then proceeds in a straight line to the Whanganui Inlet west headland (at 40°35.00′S and 172°32.00′E); and

    • (d) 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 Little Wanganui east head (at 41°23.46′S and 172°03.63′E); and

    • (e) then proceeds in a straight line to the Little Wanganui west head (at 41°23.46′S and 172°03.19′E); and

    • (f) 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 Mokihinui River (at 41°31.18′S and 171°56.31′E); and

    • (g) then proceeds in a straight line to the south bank of the Mokihinui River (at 41°31.43′S and 171°56.11′E); and

    • (h) 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 east head of the Orowaiti Lagoon (at 41°44.42′S and 171°40.16′E); and

    • (i) then proceeds in a straight line to the west head of the Orowaiti Lagoon (at 41°44.42′S at 171°39.37′E); and

    • (j) then follows a line in a generally southerly direction by the mean high-water mark to the Buller River east bank (at 41°43.93′S and 171°35.62′E); and

    • (k) then proceeds in a straight line to the Buller River west bank (at 41°43.93′S and 171°35.17′E); and

    • (l) then follows a line in a generally southerly direction by the mean high-water mark to the east bank of the Waitakere/Nile River (at 41°53.81′S and 171°26.71′E); and

    • (m) then proceeds in a straight line to the Waitakere/Nile River west bank (at 41°53.81′S and 171°26.62′E); and

    • (n) then follows a line in a generally southerly direction by the mean high-water mark to the north bank of the Grey River (at 42°26.32′S and 171°11.49′E); and

    • (o) then proceeds in a straight line to the south bank of the Grey River (at 42°26.39′S and 171°11.38′E); and

    • (p) then follows a line in a generally southerly direction by the mean high-water mark to the north bank of the Hokitika River (at 42°43.22′S and 170°57.10′E); and

    • (q) then proceeds in a straight line to the south bank of the Hokitika River (at 42°43.31′S and 170°56.91′E); and

    • (r) 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 Kakapotahi River (at 42°57.26′S and 170°39.74′E); and

    • (s) then proceeds in a straight line to the Kakapotahi River south bank (at 42°57.40′S and 170°39.53′E); and

    • (t) then follows a line in a generally southerly direction by the mean high-water mark to the westernmost point of Awarua Point (at 44°15.60′S and 168°03.10′E); and

    • (u) then proceeds due west 2 nautical miles to a point on the Challenger Fisheries Management Area boundary (at 44°15.60′S and 168°00.26′E); and

    • (v) then proceeds in a northerly direction in a line 2 nautical miles from the mean high-water mark to a point 2 nautical miles north of Farewell Spit Lighthouse (at 40°30.26′S and 173°00.50′E); and

    • (w) then proceeds due south to Farewell Spit Lighthouse to the point of commencement (at 40°32.70′S and 173°00.50′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 coordinates are provided.

    Regulation 2BD: inserted, on 1 October 2008, by regulation 6 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 2BD(1): amended, on 20 November 2008, by regulation 5(1) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/405).

    Regulation 2BD(1)(j): substituted, on 20 November 2008, by regulation 5(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/405).

    Regulation 2BD(1)(k): substituted, on 20 November 2008, by regulation 5(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/405).

    Regulation 2BD(1)(l): substituted, on 20 November 2008, by regulation 5(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/405).

    Regulation 2BD(1)(m): substituted, on 20 November 2008, by regulation 5(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/405).

    Regulation 2BD(1)(n): substituted, on 20 November 2008, by regulation 5(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/405).

    Regulation 2BD(1)(p): substituted, on 20 November 2008, by regulation 5(3) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/405).

    Regulation 2BD(1)(q): substituted, on 20 November 2008, by regulation 5(3) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/405).

    Regulation 2BD(1)(t): substituted, on 20 November 2008, by regulation 5(4) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/405).

    Regulation 2BD(1)(u): added, on 20 November 2008, by regulation 5(4) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/405).

    Regulation 2BD(1)(v): added, on 20 November 2008, by regulation 5(4) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/405).

    Regulation 2BD(1)(w): added, on 20 November 2008, by regulation 5(4) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/405).

2C Finfishing prohibited in inner Queen Charlotte Sound

  • (1) Except as provided in subclauses (2) and (3), no commercial fisher shall take finfish from the waters of inner Queen Charlotte Sound lying inside a straight line drawn from Dieffenbach Point (at 41°14.00′S and 174°08.70′E) to West Head at the easternmost entrance to Ruakaka Bay (at 41°12.93′S and 174°08.63′E).

    (2) Any commercial fisher may take finfish from such waters only during the period commencing on 1 April in each year and ending on 30 September in that year and by using a set net having a mesh size not less than 25 mm and not more than 50 mm, if the entire bottom length of the net is in direct contact with the seabed.

    (2A) Subclause (2) applies despite regulation 2BC.

    (3) Any commercial fisher may take finfish from such waters by using a dragnet having a mesh size of less than or equal to 30 mm.

    Regulation 2C: inserted, on 30 September 1993, by regulation 3 of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 14 (SR 1993/281).

    Regulation 2C(1): amended, on 1 October 2008, by regulation 7(1)(a) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 2C(1): amended, on 1 October 2008, by regulation 7(1)(b) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 2C(1): amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2C(2): amended, on 1 October 2008, by regulation 7(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 2C(2): amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2C(2A): inserted, on 20 November 2008, by regulation 6 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/405).

    Regulation 2C(3): amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

2D Finfishing prohibited in Croisilles Harbour

  • (1) Except as provided in subclause (2), no commercial fisher shall take finfish from the waters of Croisilles Harbour lying inside a straight line drawn from Cape Soucis (at 41°03.20′S and 173°35.60′E) to the outermost point of Motuanauru Island (at 41°02.50′S and 173°38.40′E), to the outermost point of Otuhaereroa Island (at 41°02.30′S and 173°39.60′E), to Kokaho Point (at 41°02.18′S and 173°40.33′E).

    (2) Any commercial fisher may take finfish from such waters by using a set net that is not more than 9 meshes in height, if the entire bottom length of the net is in direct contact with the seabed.

    Regulation 2D: inserted, on 30 September 1993, by regulation 3 of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 14 (SR 1993/281).

    Regulation 2D(1): amended, on 1 October 2008, by regulation 8 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 2D(1): amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2D(2): amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

2E Certain fishing prohibited in Pelorus Sound

  • (1) Except as provided in subclause (2), no commercial fisher shall take finfish from the waters lying inside a straight line drawn from Cregoe Point (at 41°03.20′S and 173°49.90′E) to Camel Point (at 41°01.91′S and 173°48.60′E), to Sheep Point (at 41°01.20′S and 173°48.80′E).

    (2) Any commercial fisher may take finfish from such waters by using—

    • (a) the method of longlining; or

    • (b) a set net of not more than 9 meshes in height, if the entire bottom length of the net is in direct contact with the seabed.

    (3) Except as provided in subclause (4), but without limiting subclause (1), no commercial fisher shall take finfish from the waters lying inside a straight line drawn from Tawero Point (at 41°03.80′S and 173°57.00′E) to Opani-aputa Point (at 41°04.70′S and 173°58.50′E).

    (4) Any commercial fisher may take finfish from the waters referred to in subclause (3) by using a set net of not more than 9 meshes in height, if the entire bottom length of the net is in direct contact with the seabed.

    (5) Without limiting subclauses (1) and (3), no commercial fisher shall use or possess a set net in the waters of Keneperu Sound—

    • (a) during the period commencing on the day on which this subclause comes into force and ending with the close of 31 March 1997; or

    • (b) during any period, after 31 March 1997, commencing on 1 October in any year and ending with the close of 31 March in the next year.

    (6) For the purposes of subclause (5), the waters of Keneperu Sound are the waters lying inside a straight line running from Koutuwai Point (at 41°12.53′S and 173°52.38′E) to an unnamed point at the southern entrance to Kenepuru Sound (at 41°13.30′S and 173°51.70′E).

    Regulation 2E: inserted, on 30 September 1993, by regulation 3 of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 14 (SR 1993/281).

    Regulation 2E heading: amended, on 30 October 1993, by regulation 3 of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 15 (SR 1993/352).

    Regulation 2E(1): amended, on 1 October 2008, by regulation 9(1) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 2E(1): amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2E(1): amended, on 7 November 1996, by regulation 2(1)(b) of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 22 (SR 1996/313).

    Regulation 2E(1): amended, on 30 October 1993, by regulation 3 of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 15 (SR 1993/352).

    Regulation 2E(2): amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2E(3): added, on 7 November 1996, by regulation 2(2) of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 22 (SR 1996/313).

    Regulation 2E(3): amended, on 1 October 2008, by regulation 9(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 2E(3): amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2E(4): added, on 7 November 1996, by regulation 2(2) of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 22 (SR 1996/313).

    Regulation 2E(4): amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2E(5): added, on 7 November 1996, by regulation 2(2) of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 22 (SR 1996/313).

    Regulation 2E(5): amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 2E(6): added, on 7 November 1996, by regulation 2(2) of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 22 (SR 1996/313).

    Regulation 2E(6): amended, on 20 November 2008, by regulation 7 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/405).

    Regulation 2E(6): amended, on 1 October 2008, by regulation 9(3) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

3 Drag netting prohibited in Queen Charlotte Sound

  • (1) No commercial fisher shall take any snapper using a drag net, and no commercial fisher shall possess or convey any snapper taken by the use of a drag net at any time in those waters inside lines drawn from Cape Jackson (at 40°59.70′S and 174°18.80′E) to Cape Koamaru (at 41°05.50′S and 174°23.00′E), and from East Head (at 41°12.60′S and 174°19.40′E), to West Head (at 41°12.79′S and 174°18.92′E).

    (2) Nothing in subclause (1) shall apply to the taking of fish, or the possession of fish taken, using a drag net with a combined warp length not exceeding 200 m if the drag net is used only for the purpose of taking fish for bait.

    Regulation 3(1): amended, on 20 November 2008, by regulation 8 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/405).

    Regulation 3(1): amended, on 1 October 2008, by regulation 10(a) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 3(1): amended, on 1 October 2008, by regulation 10(b) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 3(1): amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 3(1): amended, on 30 October 1993, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 15 (SR 1993/352).

3A Prohibitions relating to other parts of Queen Charlotte Sound

  • (1) No commercial fisher shall use for fishing or be in possession of a drag net at any time in those waters inside a line drawn from Cape Jackson (at 40°59.70′S and 174°18.80′E) to Cape Koamaru (at 41°05.50′S and 174°23.00′E), and inside East Head (at 41°12.60′S and 174°19.40′E) to West Head (at 41°12.79′S and 174°18.92′E) at the entrance to Tory Channel, and seaward of a straight line drawn from Dieffenbach Point (at 41°14.00′S and 174°08.70′E) to West Head, at the easternmost entrance to Ruakaka Bay (at 41°12.93′S and 174°08.63′E), if—

    • (a) the length of the net, excluding any attached warps, rope, chain or material, exceeds 165 m; or

    • (b) the total length of the net exceeds 200 m; or

    • (c) the net contains a bag or cod-end.

    (2) No commercial fisher shall at any time take any snapper using a drag net in the waters described in subclause (1), or be in possession of any snapper taken by the use of a drag net in those waters.

    Regulation 3A: substituted, on 30 September 1993, by regulation 4(1) of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 14 (SR 1993/281).

    Regulation 3A heading: amended, on 30 October 1993, by regulation 5 of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 15 (SR 1993/352).

    Regulation 3A(1): amended, on 1 October 2008, by regulation 11(a) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 3A(1): amended, on 1 October 2008, by regulation 11(b) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 3A(1): amended, on 1 October 2008, by regulation 11(c) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 3A(1): amended, on 1 October 2008, by regulation 11(d) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 3A(1): amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 3A(1): amended, on 30 October 1993, by regulation 5 of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 15 (SR 1993/352).

    Regulation 3A(2): amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

4 Trawling prohibited in certain areas from Clarence Point to Cape Jackson

  • (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 Clarence Point (at 42°10.00′S and 173°56.00′E); and

    • (b) then proceeds due east 2 nautical miles to a point (at 42°10.00′S and 173°59.06′E; and

    • (c) then proceeds in a northerly direction 2 nautical miles from the mean high-water mark to a point north-west of Cape Koamaru (at 41°03.53′S and 174°21.56′E); and

    • (d) then proceeds south-east to Cape Koamaru (at 41°05.50′S and 174°23.00′E); and

    • (e) then proceeds south along the mean high-water mark to the east head of Tory Channel (at 42°12.60′S and 174°19.40′E); and

    • (f) then proceeds in a straight line to the west head of Tory Channel (at 41°12.79′S and 174°18.92′E); and

    • (g) then proceeds in a southerly direction along the mean high-water mark to the west bank of the Wairau River (at 41°30.02′S and 174°03.65′E); and

    • (h) then proceeds in a straight line to the east bank of the Wairau River (at 41°30.05′S and 174°03.72′E); and

    • (i) then proceeds south along the line of the mean high-water mark to the point of commencement at Clarence Point (at 42°10.00′S and 173°56.00′E).

    • (j) [Revoked]

    • (k) [Revoked]

    • (l) [Revoked]

    • (m) [Revoked]

    (1A) 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 Cape Jackson light (at 40°59.70′S and 174°18.80′E); and

    • (b) then proceeds to a point 2 nautical miles due north of Cape Jackson light (at 40°57.61′S and 174°18.80′E); and

    • (c) then proceeds in an easterly direction 2 nautical miles from the mean high-water mark to a point 2 nautical miles south-east of Cape Jackson light (at 41°02.35′S and 174°20.75′E); and

    • (d) then proceeds in a line north-west to the point of commencement at Cape Jackson light (at 40°59.70′S and 174°18.80′E).

    (2) For the purposes of the areas defined in subclause (1), a straight line joining the mean high-water marks at each side of the natural entrance points of a river mouth must be treated as the inner boundary of those areas if they extend seawards or as the outer boundary of those areas if they extend landwards, except in the case of any rivers where specific coordinates are provided.

    (3) This regulation does not apply to a commercial fisher who uses a low headline height trawl net.

    Regulation 4: substituted, on 1 October 2008, by regulation 12 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 4(1): amended, on 20 November 2008, by regulation 9(1) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/405).

    Regulation 4(1)(c): substituted, on 20 November 2008, by regulation 9(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/405).

    Regulation 4(1)(d): substituted, on 20 November 2008, by regulation 9(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/405).

    Regulation 4(1)(i): substituted, on 20 November 2008, by regulation 9(3) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/405).

    Regulation 4(1)(j): revoked, on 20 November 2008, by regulation 9(3) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/405).

    Regulation 4(1)(k): revoked, on 20 November 2008, by regulation 9(3) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/405).

    Regulation 4(1)(l): revoked, on 20 November 2008, by regulation 9(3) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/405).

    Regulation 4(1)(m): revoked, on 20 November 2008, by regulation 9(3) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/405).

    Regulation 4(1A): inserted, on 20 November 2008, by regulation 9(4) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/405).

    Regulation 4(2): amended, on 1 June 2009, by regulation 5(a) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2009 (SR 2009/100).

    Regulation 4(2): amended, on 1 June 2009, by regulation 5(b) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2009 (SR 2009/100).

5 Trawling prohibited at certain times in Golden Bay

  • No commercial fisher shall use a trawl net at any time during the period commencing with 1 November in any year and expiring with 30 April in the following year in Golden Bay inside straight lines drawn from Pakawau Bridge (at 40°35.20′S and 172°41.10′E) to the southernmost point of the southernmost island of the Tata Islands (at 40°48.31′S and 172°54.65′E); then in a straight line to the boat ramp at Tata Beach (at 40°48.70′S and 172°54.80′E).

    Regulation 5: amended, on 1 October 2008, by regulation 13(a) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 5: amended, on 1 October 2008, by regulation 13(b) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 5: amended, on 1 October 2008, by regulation 13(c) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 5: amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

6 Trawling and dredging prohibited in research areas in Golden Bay

  • [Revoked]

    Regulation 6: revoked, on 11 July 2002, by regulation 3 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2002 (SR 2002/159).

6A Trawl and surrounding nets prohibited in certain areas

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

    • (a) Greville Harbour: the waters of Greville Harbour lying inside a straight line drawn from Ragged Point (at 40°50.00′S and 173°47.10′E) to Two-Bay Point on the northern entrance to the harbour (at 40°48.90′S and 173°47.65′E):

    • (b) Nelson Harbour/Waimea Estuary: the waters of Nelson Harbour/Waimea Estuary lying inside a straight line drawn from a point at the outer west channel entrance at Mapua (at 41°15.04′S and 173°06.42′E) to the easternmost tip of Rabbit Island (at 41°17.10′S and 173°11.70′E) to the southernmost tip of Boulder Bank (at 41°15.80′S and 173°15.50′E):

    • (c) Whanganui Inlet: the waters of Whanganui Inlet lying inside a straight line drawn from a point on the west headland at 40°35.00′S and 172°32.00′S, to a point on the headland at 40°34.46′S and 172°33.05′S.

    Regulation 6A: inserted, on 30 September 1993, by regulation 5 of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 14 (SR 1993/281).

    Regulation 6A: amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 6A(a): amended, on 1 October 2008, by regulation 14(1)(a) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 6A(a): amended, on 1 October 2008, by regulation 14(1)(b) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 6A(b): amended, on 1 October 2008, by regulation 14(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 6A(c): amended, on 1 October 2008, by regulation 14(3)(a) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 6A(c): amended, on 1 October 2008, by regulation 14(3)(b) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

7 Trawling prohibited in Queen Charlotte Sound and restricted in Pelorus Sound

  • (1) Except as provided in subclause (2), no commercial fisher shall use a trawl net at any time in those waters lying inside straight lines drawn from Paparoa Point (at 40°54.63′S and 174°01.34′E) to Cape Jackson (at 40°59.70′S and 174°18.80′E) to Cape Koamaru (at 41°05.50′S and 174°23.00′E); and from the east head of Tory Channel (at 41°12.60′S and 174°19.40′E) to the west head of Tory Channel (at 41°12.79′S and 174°18.92′E).

    (2) Any commercial fisher may use a trawl net in those waters lying inside a straight line drawn from Paparoa Point (at 40°54.63′S and 174°01.34′E) to Cape Jackson (at 40°59.70′S and 174°18.80′E); but outside straight lines drawn from Cregoe Point (at 41°03.20′S and 173°49.90′E) to Camel Point (at 41°01.91′S and 173°48.60′E) to Sheep Point (at 41°01.07′S and 173°48.84′E); and outside a straight line drawn from Tawero Point (at 41°03.80′S and 173°57.00′E) to Opani-Aputa Point (at 41°04.70′S and 173°58.50′E), during the period commencing with 1 April in any year and expiring with 31 August in the same year, if—

    • (a) [Revoked]

    • (b) pair trawling is not carried out; and

    • (c) the headline of the trawl net does not exceed 9 m in length; and

    • (d) the combined length of the extension and bridles between the wing of the net and the otter board does not exceed 45 m.

    Regulation 7(1): amended, on 20 November 2008, by regulation 10 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/405).

    Regulation 7(1): amended, on 1 October 2008, by regulation 15(1)(a) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 7(1): amended, on 1 October 2008, by regulation 15(1)(c) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 7(1): amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 7(1): amended, on 30 October 1993, by regulation 6 of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 15 (SR 1993/352).

    Regulation 7(2): amended, on 1 October 2008, by regulation 15(2)(a) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 7(2): amended, on 1 October 2008, by regulation 15(2)(b) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 7(2): amended, on 1 October 2008, by regulation 15(2)(c) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 7(2): amended, on 1 October 2008, by regulation 15(2)(d) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 7(2): amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 7(2): amended, on 1 April 1995, by regulation 3 of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 17 (SR 1995/34).

    Regulation 7(2)(a): revoked, on 1 October 1994, by regulation 3 of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 16 (SR 1994/177).

7A Trawling by vessels over 46 m long prohibited in certain waters

  • 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 enclosed by a line commencing on the outer limits of the territorial sea at latitude 42°10′S; then in an easterly direction to a point 42°10′S and 174°34′E; then proceeding in a generally north-easterly 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 Challenger Fishery Management Area (as defined in a notice published in the Gazette of 1986 at page 412); then proceeding in a generally northerly direction along that boundary to its intersection with the outer limits of the territorial sea on the south coast of the North Island; then proceeding in a generally south-westerly direction along the outer limits of the territorial sea to the point of commencement:

    • (b) in those waters enclosed by a line commencing at a point 43°45.5′S and 168°37.35′E; then proceeding directly in a northerly direction to a point 43°32.5′S and 168°37.35′E; then proceeding in a north-easterly direction along a line every point of which is 13 nautical miles seawards of the outer limits of the territorial sea to a point 41°44.9′S and 170°53.6′E; then proceeding directly in an easterly direction to a point 41°44.9′S and 171°10.9′E; then proceeding in a southerly direction 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°19.4′S and 173°00.5′E; then proceeding directly in a south-easterly direction to a point 40°27.8′S and 174°00′E; then proceeding in a south-westerly direction along the outer limits of the territorial sea to the point of commencement.

    Regulation 7A: inserted, on 1 October 1986, by regulation 2 of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 1 (SR 1986/253).

    Regulation 7A heading: substituted, on 5 November 1998, by regulation 2 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 1998 (SR 1998/304).

    Regulation 7A: amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 7A: amended, on 5 November 1998, by regulation 2 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 1998 (SR 1998/304).

8 Pair trawling restricted in Tasman Bay

  • No commercial fisher shall use a pair trawl net with a cod-end mesh size of less than 125 mm within those waters of Tasman Bay lying inside a straight line drawn from the north-westernmost point of Pepin Island (at 41°08.50′S and 173°24.80′E) to the easternmost extremity of Jules Point (at 40°58.58′S and 173°04.11′E); then by the mean high-water mark in a westerly direction to the northernmost point of Adele Island (at 40°58.50′S and 173°03.50′E); then to the nearest part of the mainland (at 40°58.43′S and 173°02.88′E), during the period commencing with 1 October in any year and expiring with the last day of February in the following year.

    Regulation 8: amended, on 1 October 2008, by regulation 16(a) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 8: amended, on 1 October 2008, by regulation 16(b) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 8: amended, on 1 October 2008, by regulation 16(c) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 8: amended, on 1 October 2008, by regulation 16(d) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 8: amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

8A Trawling in Port Underwood by vessels longer than 20 m prohibited

  • No commercial fisher shall at any time use any New Zealand fishing vessel over 20 m in overall length for trawling in the waters of Port Underwood bounded by a straight line drawn from Robertson Point (at 41°21.15′S and 174°07.40′E) to the southern tip of Robin Hood Bay (at 41°21.90′S and 174°04.60′E).

    Regulation 8A: inserted, on 30 September 1993, by regulation 6 of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 14 (SR 1993/281).

    Regulation 8A: amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

9 Fishing prohibited in Double Cove, Queen Charlotte Sound

  • No commercial fisher shall take any fish from those waters of Queen Charlotte Sound lying inside a straight line drawn from Nohokouau Point (at 41°14.36′S and 174°00.52′E) to the southernmost point of the peninsula (at 41°14.42′S and 174°01.47′E) lying between Double Cove and Torea Bay.

    Regulation 9: amended, on 1 October 2008, by regulation 17(a) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 9: amended, on 1 October 2008, by regulation 17(b) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 9: amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

9A Taking of shellfish and kina prohibited in certain parts of Queen Charlotte Sound

  • (1) No commercial fisher shall take any shellfish or be in possession of any shellfish taken from the waters of Onauku Bay, Queen Charlotte Sound, lying inside a line drawn from the mean high-water mark of the point of Ngakuta Bay (at 41°08.50′S and 174°21.50′E) and running due east to the mean high-water mark on the opposite shore (at 41°08.50′S and 174°22.40′E).

    (2) No commercial fisher shall take any kina or be in possession of any kina taken from the waters lying inside a straight line drawn from the northern extremity of Opani-Aputa Point (at 41°04.70′S and 173°58.50′E) to the southern extremity of Whakamawahi Point (at 41°03.35′S and 173°58.34′E).

    Regulation 9A: inserted, on 1 November 1989, by regulation 5 of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 7 (SR 1989/293).

    Regulation 9A(1): amended, on 1 October 2008, by regulation 18(1)(a) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 9A(1): amended, on 1 October 2008, by regulation 18(1)(b) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 9A(1): amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 9A(2): amended, on 1 October 2008, by regulation 18(2)(a) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 9A(2): amended, on 1 October 2008, by regulation 18(2)(b) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 9A(2): amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

10 Fishing restrictions in Separation Point fisheries area

  • No commercial fisher shall use a trawl net, Danish seine net, or dredge in those waters of Golden Bay and Tasman Bay enclosed by a line drawn from a point at 40°49.00′S and 173°01.00′E on a true compass bearing of 076° to a point at 40°47.70′S and 173°07.70′E; then on an arc at a radius of 6 nautical miles from Separation Point light (at 40°47.00′S and 172°59.90′E) to a point at 40°41.00′S and 172°59.50′E; then on a true compass bearing of 195° to a point at 40°47.40′S and 172°57.30′E; then along the line of the mean low-water mark to the point of commencement.

    Regulation 10: amended, on 1 October 2008, by regulation 19(a) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 10: amended, on 1 October 2008, by regulation 19(b) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 10: amended, on 1 October 2008, by regulation 19(c) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 10: amended, on 1 October 2008, by regulation 19(d) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 10: amended, on 1 October 2008, by regulation 19(e) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 10: amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

11 Fishing in Tasman Bay and Golden Bay

  • [Revoked]

    Regulation 11: revoked, on 16 December 2010, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2010 (SR 2010/403).

12 Conditions for taking oysters

  • (1) The taking of oysters from within the prescribed area (as defined in subclause (2)) shall be subject to the following conditions:

    • (a) notwithstanding regulation 78 of the Fisheries (Commercial Fishing) Regulations 2001 or any other regulation made pursuant to the Fisheries Act 1983 or the Act relating to shellfish dredge requirements, any commercial fisher lawfully dredging for oysters may use not more than 2 dredges, and the bar or bit of any dredge used shall not exceed 2.5 m in length:

    • (b) no commercial fisher shall dredge for oysters between sunset and sunrise:

    • (c) no commercial fisher shall use any dredge on which there is any tine:

    • (d) no commercial fisher shall take any oyster, or possess any oyster taken, from those waters on the landward side of straight lines drawn from Foul Point (at 40°54.40′S and 173°03.80′E) to Adolphe Point (at 40°57.65′S and 173°04.07′E) to Jules Point (at 40°58.58′S and 173°04.11′E) on Adele Island; then along the mean high-water mark to the south-eastern tip of Adele Island (at 40°59.15′S and 173°03.46′E) to the south-eastern tip of Fishermens Island (at 40°59.62′S and 173°03.14′E) to Guilbert Point (at 40°59.33′S and 173°02.15′E).

    (2) In subclause (1), the term prescribed area means those waters bounded by straight lines commencing at Kahurangi Point (at 40°46.70′S and 172°13.20′E) on the west coast of the South Island and proceeding westerly along the 40°46.7′ south parallel of latitude to its intersection with the 171°50′ east meridian of longitude; then northerly along that meridian of longitude to its intersection with the 40°15′ south parallel of latitude; then easterly along that parallel of latitude to its intersection with the 174°30′ east meridian of longitude; then southerly along that meridian of longitude to its intersection with the 41°43.8′ south parallel of latitude; then westerly along that parallel of latitude to Cape Campbell (at 41°43.80′S and 174°16.60′E) on the east coast of the South Island; then generally north-westerly along the mean high-water mark of the sea to the point of commencement.

    Regulation 12: substituted, on 18 August 1992, by regulation 2 of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 12 (SR 1992/227).

    Regulation 12(1)(a): amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 12(1)(a): amended, on 1 October 2001, by regulation 5 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 12(1)(a): amended, on 1 October 2001, by regulation 11 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 12(1)(b): amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 12(1)(c): amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 12(1)(d): amended, on 20 November 2008, by regulation 11 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/405).

    Regulation 12(1)(d): amended, on 1 October 2008, by regulation 21(1)(a) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 12(1)(d): amended, on 1 October 2008, by regulation 21(1)(b) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 12(1)(d): amended, on 1 October 2008, by regulation 21(1)(c) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 12(1)(d): amended, on 1 October 2008, by regulation 21(1)(d) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 12(1)(d): amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 12(2): amended, on 1 October 2008, by regulation 21(2)(a) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 12(2): amended, on 1 October 2008, by regulation 21(2)(b) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

12A Conditions and restrictions relating to scallops

  • (1) The taking of scallops from within the prescribed area (as defined in regulation 12(2)) shall be subject to the following conditions:

    • (a) notwithstanding regulation 78 of the Fisheries (Commercial Fishing) Regulations 2001 or any other regulation made pursuant to the Fisheries Act 1983 or the Act relating to shellfish dredge requirements, any commercial fisher lawfully dredging for scallops may use not more than 2 dredges, and the bar or bit of any dredge used shall not exceed 2.5 m in length:

    • (b) no commercial fisher shall dredge for scallops between sunset and sunrise:

    • (c) no commercial fisher shall dredge for scallops on any Friday or Saturday:

    • (d) no commercial fisher shall use any dredge on which there is any tine.

    (2) No commercial fisher shall take any scallop, or possess any scallop taken, from those waters on the landward side of straight lines drawn from Foul Point (at 40°54.40′S and 173°03.80′E) to Adolphe Point (at 40°57.65′S and 173°04.07′E) to Jules Point (at 40°58.58′S and 173°04.11′E) on Adele Island; then along the mean high-water mark to the south-eastern tip of Adele Island (at 40°59.15′S and 173°03.46′E) to the south-eastern tip of Fishermens Island (at 40°59.62′S and 173°03.14′E) to Guilbert Point (at 40°59.33′S and 173°02.15′E).

    (3) No commercial fisher shall take any scallop, or possess any scallop taken, from—

    • (a) those waters of Pelorus Sound on the landward side of a straight line drawn from Sheep Point (at 41°01.07′S and 173°48.84′E) to Camel Point (at 41°01.91′S and 173°48.60′E) and then to Cregoe Point (at 41°03.20′S and 173°49.90′E); or

    • (b) those waters of Queen Charlotte Sound on the landward side of a straight line drawn from the eastern point of Okahu Bay (at 41°13.35′S and 174°06.71′E) to a point on the shore on the eastern side of the mouth of Kahikatea Bay (at 41°14.30′S and 174°06.80′E); or

    • (c) those waters of East Bay Queen Charlotte Sound on the landward side of a straight line drawn due east from the easternmost point of Ngakuta Bay (at 41°08.32′S and 174°21.52′E) to the high tide mark on the opposite shore; or

    • (d) those waters of Kenepuru Sound on the landward side of a line drawn from Schnapper Point (at 41°12.20′S and 173°56.90′E) in a north-easterly direction to a point on the opposite shore at the south-west extremity of St Omer Bay (at 41°11.40′S and 173°58.10′E); or

    • (e) those waters of Nydia Bay, Pelorus Sound, on the landward side of a line drawn from a point on the shore at the north side of the mouth of the bay (at 41°08.66′S and 173°50.14′E) to a point on the shore at the side of the mouth of the bay (at 41°09.25′S and 173°50.77′E).

    (4) No commercial fisher shall dredge for scallops in those waters within 3 kilometres in any direction of the Nelson sewage discharge at sea (at 41°12.3′S and 173°19.4′E) off the Boulder Bank at Port Nelson.

    (5) [Revoked]

    Regulation 12A: substituted, on 18 August 1992, by regulation 2 of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 12 (SR 1992/227).

    Regulation 12A(1)(a): amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 12A(1)(a): amended, on 1 October 2001, by regulation 6 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 12A(1)(a): amended, on 1 October 2001, by regulation 11 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 12A(1)(b): amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 12A(1)(c): amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 12A(1)(d): amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 12A(2): amended, on 1 October 2008, by regulation 22(1)(a) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 12A(2): amended, on 1 October 2008, by regulation 22(1)(b) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 12A(2): amended, on 1 October 2008, by regulation 22(1)(c) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 12A(2): amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 12A(3): amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 12A(3)(a): amended, on 1 October 2008, by regulation 22(2)(a) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 12A(3)(a): amended, on 1 October 2008, by regulation 22(2)(b) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 12A(3)(b): amended, on 1 October 2008, by regulation 22(3)(a) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 12A(3)(b): amended, on 1 October 2008, by regulation 22(3)(b) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 12A(3)(c): amended, on 20 November 1992, by regulation 2(1) of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 13 (SR 1992/321).

    Regulation 12A(3)(c): amended, on 1 October 2008, by regulation 22(4) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 12A(3)(d): added, on 20 November 1992, by regulation 2(1) of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 13 (SR 1992/321).

    Regulation 12A(3)(d): amended, on 1 October 2008, by regulation 22(5)(a) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 12A(3)(d): amended, on 1 October 2008, by regulation 22(5)(b) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 12A(3)(e): added, on 20 November 1992, by regulation 2(1) of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 13 (SR 1992/321).

    Regulation 12A(3)(e): amended, on 1 October 2008, by regulation 22(6) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 12A(4): amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 12A(5): revoked, on 20 November 1992, by regulation 2(2) of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 13 (SR 1992/321).

12B Size concession for scallops

  • (1) Notwithstanding regulation 32 of the Fisheries (Commercial Fishing) Regulations 2001, a commercial fisher may take and be in possession of any scallop that—

    • (a) is taken from the prescribed area (as defined in regulation 12(2) of these regulations); and

    • (b) has a shell, whether entire, chipped, or broken, of not less than 90 mm in length.

    (2) Notwithstanding regulation 32 of the Fisheries (Commercial Fishing) Regulations 2001, a person may sell, possess for sale, or process for sale any scallop taken in accordance with subclause (1) of this regulation.

    Regulation 12B: substituted, on 18 August 1992, by regulation 2 of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 12 (SR 1992/227).

    Regulation 12B(1): amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 12B(1): amended, on 1 October 2001, by regulation 11 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 12B(2): amended, on 1 October 2001, by regulation 11 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

12C Restrictions on taking cockle

  • (1) A commercial fisher must not take cockle, or possess cockle taken, from quota management area 7A, except from the waters of Tapu Bay, Ferry Point, or Pakawau Beach.

    (2) In this section,—

    • (a) Tapu Bay is the water within the area defined by a line commencing at the mean high-water mark of the South Island at 41°04.7′S and approximately 173°00.6′E; then proceeding in a generally northerly direction along the mean high-water mark to the southernmost point of Anawere Point at 41°03.1′S and 173°01.1′E; then proceeding in a southerly direction along the line of longitude 173°01.1′E to a point at 41°04.01′S; then proceeding in a straight line to the point of origin:

    • (b) Ferry Point is the water within the area defined by a line commencing at the mean high-water mark of the South Island at 40°38.42′S and approximately 172°40.86′E; then proceeding generally in an easterly direction along the line of latitude 40°38.42′S to a point at 172°41.04′E; then proceeding generally north to a point at 40°37.76′S and 172°41.04′0′E; then proceeding west to the mean high-water mark at 40°37.76′S and approximately 172°40.86′E; then proceeding generally in a southerly direction along the mean high-water mark to the point of origin:

    • (c) Pakawau Beach is the water within the area defined by a line commencing at the mean high-water mark of the South Island at 40°31.1′S and approximately 172°44.33′E (the mouth of Puponga Inlet, Golden Bay); then proceeding south along the boundary of the Farewell Spit Nature Reserve to a point at 40°32.55′S and 172°44.67′E; then proceeding generally in a south-westerly direction to a point at 40°35.27′S and 172°42.13′E; then proceeding generally in an easterly direction to a point at 40°35.67′S and 172°41.33′E (Pakawau Inlet, Golden Bay); then proceeding generally in a north-easterly direction along the mean high-water mark to the point of origin.

    (3) A commercial fisher must not take cockle, or possess cockle taken, from within 150 metres of the mean high-water mark of Outer (Goat) Island in Tapu Bay.

    (4) A commercial fisher must not take cockle, or possess cockle taken, from quota management area 7B.

    Regulation 12C: inserted, on 1 October 2002, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2002 (SR 2002/276).

13 Scallop quotas

  • [Revoked]

    Regulation 13: revoked, on 31 August 1987, by regulation 3 of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 3 (SR 1987/262).

13A Oyster fishing restrictions

  • [Revoked]

    Regulation 13A: revoked, on 1 October 1996, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 21 (SR 1996/277).

13B Pacific oyster

  • Notwithstanding anything in regulation 34 of the Fisheries (Commercial Fishing) Regulations 2001, any commercial fisher may take pacific oysters from the waters of the Challenger Fishery Management Area at anytime on any day.

    Regulation 13B: inserted, on 1 October 1994, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 16 (SR 1994/177).

    Regulation 13B: amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 13B: amended, on 1 October 2001, by regulation 11 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

14 Taking mussels

  • (1) No commercial fisher shall take any mussels from those waters lying inside a straight line drawn from Pihaka Point (at 41°13.75′S and 174°02.39′E) to Karaka Point (at 41°15.14′S and 174°03.87′E).

    (2) No commercial fisher shall take any mussels by any fishing method other than hand-gathering from those waters lying inside a straight line drawn from Cape Jackson (at 40°59.70′S and 174°18.80′E) to Cape Koamaru (at 41°05.50′S and 174°23.00′E); and those waters of Tory Channel lying inside a straight line drawn from East Head (at 41°12.60′S and 174°19.40′E) to West Head (at 41°12.79′S and 174°18.92′E).

    Regulation 14(1): amended, on 1 October 2008, by regulation 23(1) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 14(1): amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 14(1): amended, on 30 October 1993, by regulation 7 of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 15 (SR 1993/352).

    Regulation 14(2): amended, on 20 November 2008, by regulation 12 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/405).

    Regulation 14(2): amended, on 1 October 2008, by regulation 23(2)(a) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 14(2): amended, on 1 October 2008, by regulation 23(2)(b) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 14(2): amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 14(2): amended, on 30 October 1993, by regulation 7 of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 15 (SR 1993/352).

14A Targeting of certain fish, aquatic life, and seaweed prohibited, unless specially authorised

  • [Revoked]

    Regulation 14A: revoked, on 1 October 2001, by regulation 7 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

14AA Fish, aquatic life, and seaweed that may be taken subject to competitive or individual quotas, method restrictions, etc

  • [Revoked]

    Regulation 14AA: revoked, on 1 October 2001, by regulation 8 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

14B Kina season and quotas

  • [Revoked]

    Regulation 14B: revoked, on 1 October 2002, by regulation 5 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2002 (SR 2002/276).

14C Restriction on method of taking of kina

  • [Revoked]

    Regulation 14C: revoked, on 21 October 2004, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2004 (SR 2004/334).

14D Sea cucumber season and quota

  • [Revoked]

    Regulation 14D: revoked, on 1 April 2004, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2004 (SR 2004/72).

14E Taking of certain paddle crabs prohibited

  • No commercial fisher shall take from the waters of quota management area 7 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 those waters.

    Regulation 14E: inserted, on 1 November 1989, by regulation 7 of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 7 (SR 1989/293).

    Regulation 14E: amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

14F Restriction on method of taking of octopus, or hagfish

  • (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 7.

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

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

    Regulation 14F: inserted, on 1 November 1989, by regulation 7 of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 7 (SR 1989/293).

    Regulation 14F heading: amended, on 1 October 2002, by regulation 6(1) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2002 (SR 2002/276).

    Regulation 14F(1): amended, on 1 October 2002, by regulation 6(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2002 (SR 2002/276).

    Regulation 14F(1): amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 14F(2): amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 14F(3): amended, on 1 October 2002, by regulation 6(2) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2002 (SR 2002/276).

    Regulation 14F(3): amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

14G Season and quotas for anchovy, garfish, pilchards, and sprats

  • [Revoked]

    Regulation 14G: revoked, on 1 October 2002, by regulation 7 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2002 (SR 2002/276).

14H Restrictions on use of nets and dredges

  • [Revoked]

    Regulation 14H: revoked, on 12 May 2011, by clause 3 of the Fisheries Regulations Revocation Order 2011 (SR 2011/96).

14I Restriction on method of taking seaweed

  • (1) No commercial fisher shall take any seaweed from the waters of quota management area 7 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.

    Regulation 14I: inserted, on 1 November 1989, by regulation 7 of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 7 (SR 1989/293).

    Regulation 14I(1): amended, on 24 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

14J Taking of eels in Pelorus River prohibited

  • (1) No commercial fisher shall take eels from the Pelorus River.

    (2) For the purpose of this regulation, the term Pelorus River means all those waters of the Pelorus River east of the junction of the Pelorus River with the Wakamarina River (at 41°17′10.00″S and 173°42′05.30″E) and west of Ruapaka due south of Trig 2122 at the centre line of the Pelorus River (at 41°17′17.60″S and 173°40′18.50″E).

    Regulation 14J: substituted, on 1 October 1996, by regulation 3 of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 21 (SR 1996/277).

    Regulation 14J(1): amended, on 1 October 2001, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 14J(2): amended, on 1 October 2008, by regulation 24(a) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 14J(2): amended, on 1 October 2008, by regulation 24(b) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

15 Offences

  • (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 2BB, 9A(2), 12(1)(a), (b), or (c), 12A(1) or (4), 12B, 14, 14E, 14F or 14I.

    (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 2A to 2BA, 2BC, 2BD, 2C to 3A, 4, 5 to 9, 9A(1), 10, 12(1)(d), 12A(2) or (3), 12C, 14H, or 14J.

    Regulation 15: substituted, on 1 October 2001, by regulation 10 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266).

    Regulation 15(1): amended, on 16 December 2010, by regulation 5 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2010 (SR 2010/403).

    Regulation 15(1): amended, on 21 October 2004, by regulation 5 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2004 (SR 2004/334).

    Regulation 15(1): amended, on 1 October 2002, by regulation 8(1) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2002 (SR 2002/276).

    Regulation 15(1): amended, on 11 July 2002, by regulation 4 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2002 (SR 2002/159).

    Regulation 15(2): amended, on 20 November 2008, by regulation 13 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/405).

    Regulation 15(2): amended, on 1 October 2008, by regulation 25(b) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271).

    Regulation 15(2): amended, on 1 April 2004, by regulation 5 of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2004 (SR 2004/72).

    Regulation 15(2): amended, on 1 October 2002, by regulation 8(2)(a) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2002 (SR 2002/276).

    Regulation 15(2): amended, on 1 October 2002, by regulation 8(2)(b) of the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2002 (SR 2002/276).

15A Levies in respect of southern scallop fishery

  • [Revoked]

    Regulation 15A: revoked, on 15 August 1996, by clause 3(1) of the Fisheries (Expiry of Southern Scallop Levy Provisions) Order 1996 (SR 1996/196).

16 Revocation

  • The Fisheries (Nelson Commercial Fishing) Regulations 1985 (SR 1985/210) are hereby revoked.

P G Millen,
Clerk of the Executive Council.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 4 September 1986.

Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)

Notes
1 General

  • This is a reprint of the Fisheries (Challenger Area Commercial Fishing) Regulations 1986. The reprint incorporates all the amendments to the regulations as at 12 May 2011, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints

  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • •omission of unnecessary referential words (such as “of this section” and “of this Act”)

    • •typeface and type size (Times Roman, generally in 11.5 point)

    • •layout of provisions, including:

      • •indentation

      • •position of section headings (eg, the number and heading now appear above the section)

    • •format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)

    • •position of the date of assent (it now appears on the front page of each Act)

    • •punctuation (eg, colons are not used after definitions)

    • •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • •case and appearance of letters and words, including:

      • •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • •small capital letters in section and subsection references are now capital letters

    • •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • •running heads (the information that appears at the top of each page)

    • •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)

  • Fisheries Regulations Revocation Order 2011 (SR 2011/96): clause 3

    Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2010 (SR 2010/403)

    Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2009 (SR 2009/100)

    Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/405)

    Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/271)

    Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2004 (SR 2004/334)

    Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2004 (SR 2004/72)

    Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2002 (SR 2002/276)

    Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 2002 (SR 2002/159)

    Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2001 (SR 2001/266)

    Fisheries (Challenger Area Commercial Fishing) Amendment Regulations 1998 (SR 1998/304)

    Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 22 (SR 1996/313)

    Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 21 (SR 1996/277)

    Fisheries (Expiry of Southern Scallop Levy Provisions) Order 1996 (SR 1996/196): clause 3(1)

    Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 18 (SR 1995/234)

    Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 17 (SR 1995/34)

    Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 16 (SR 1994/177)

    Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 15 (SR 1993/352)

    Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 14 (SR 1993/281)

    Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 13 (SR 1992/321)

    Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 12 (SR 1992/227)

    Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 11 (SR 1991/162)

    Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 7 (SR 1989/293)

    Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 3 (SR 1987/262)

    Fisheries (Challenger Area Commercial Fishing) Regulations 1986, Amendment No 1 (SR 1986/253)