(1) These regulations may be cited as the Fisheries (Amateur Fishing) Regulations 1986.

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

These regulations shall apply in respect of all persons taking or possessing any fish or aquatic life to which these regulations relate other than commercial fishers taking or possessing the fish or aquatic life under a permit, licence, catch entitlement, or other authorisation issued or granted under the Act or any regulations made pursuant to the Act.

In these regulations, unless the context otherwise requires,—

In the event of any inconsistency between any of these regulations and any regulations made under the Act that relate to amateur fishing in any specified area of New Zealand fisheries waters, those regulations shall prevail over the inconsistent regulations in these regulations.

(1) For the purposes of these regulations, the size of mesh of a net shall be the size ascertained by measuring the length between the inner edges of the knots of opposite corners of the mesh with the mesh closed or, where the mesh has no knots, the length between the inner edges of opposite corners of the mesh with the mesh closed.

(2) In cases of dispute or doubt, a weight of 1 kg shall be slung or attached to the lower knot or join of the mesh to produce a fair strain or extension, and the mesh shall be measured while the weight is in position.

(3) For the purposes of this regulation, the inner edge, in relation to a knot, means the edge of the knot that is nearest to the knot of the opposite corner of the mesh that is being measured.

(1) A person must not use a net to take a species of fish specified in the following table unless the net mesh size used is at least the minimum net mesh size specified for the species of fish in the following table:

(2) A person must not take or be in possession of a species of fish specified in the following table that is less than the minimum length specified for the species of fish in the following table:

(1) The maximum number of eels that may be taken or possessed by a person on any day is 6.

(2) A person contravenes this subclause if the person, on any day, takes or possesses more than the daily limit of eels, but not more than 3 times the daily limit.

(3) A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the daily limit of eels.

(1) No person shall set or use any set net unless there is attached to each end of the net a surface float that is legibly and permanently marked with that person's initials and surname.

(2) No person shall set or use any fyke net unless there is a surface float attached to it that is legibly and permanently marked with that person's initials and surname.

No person shall set, pull, haul, or retrieve any net, or pull or haul any rope, warp, or chain attached to, or used with, any such net, other than by hand.

(1) No person shall use or set any net that, either by itself or together with any other net, extends more than one-quarter across the width of any river, stream, or channel measured at right angles to the bank of that river, stream, or channel at that place at that time.

(2) No person shall use or set any net that, at any time, either by itself or together with or in conjunction with any other net, wing, or leader extends more than one-quarter of the width of any arm of the sea, including any estuary, inlet, bay, or sound.

(3) For the purposes of subclause (2), the width of any arm of the sea, including any estuary, inlet, bay, or sound, shall be the shortest line of any straight lines that may be drawn between any point on the water's edge and any point on the opposing water's edge, being a line that intersects the net at some point.

(1) A person must not set any net if stalling occurs as a result.

(2) A person who sets a net must ensure that stalling does not occur while the net is set.

No person shall erect any pole or stake for using in conjunction with any fishing net or use in conjunction with any fishing net any erected pole or stake; but nothing in this regulation shall apply to the use of any pole or stake used in conjunction with a fyke net if the pole or stake is clearly visible at all stages of the tide and is removed at the cessation of fishing.

(1) No person shall—

• (a) use or possess in or adjacent to New Zealand fisheries waters a set net having a length exceeding 60 m; or

• (b) use or possess in or adjacent to New Zealand fisheries waters more than 1 set net; or

• (c) set a net within 60 m of any other net; or

• (d) use or possess in or adjacent to New Zealand fisheries waters any baited set net, other than a fyke net or hinaki trap.

(2) Subject to subclause (3), no person on board any vessel shall take fish by using a set net if there is on board the vessel more than 1 set net.

(3) Two set nets may be used from or possessed on board any vessel if one set net has a mesh size of less than 50 mm and does not exceed 10 m in length.

No person shall—

• (a) use or possess in or adjacent to New Zealand fisheries waters a drag net unless—

  • (i) the net length does not exceed 40 m; and

  • (ii) the total warp length does not exceed 200 m:

• (b) set, use, or possess in or adjacent to New Zealand fisheries waters more than 1 drag net at any one time.

No person shall set, use, or possess in or adjacent to New Zealand fisheries waters more than 1 fyke net or more than 1 hinaki trap at any one time.

No person shall,—

• (a) use or possess in or adjacent to New Zealand fisheries waters any line unless all the surface floats attached to it are clearly and legibly marked with that person's surname and initials; or

• (b) use or possess in or adjacent to New Zealand fisheries waters any line that has more than 25 hooks attached; or

• (c) use or possess in or adjacent to New Zealand fisheries waters more than 1 line (other than rod and reel lines or hand lines); or

• (d) at any time, use from or set from or possess on board a vessel in or adjacent to New Zealand fisheries waters a line (other than rod and reel lines or hand lines) if, at that time, more than 2 lines (other than rod and reel lines or hand lines) are being used from or are set from or possessed on board the vessel.

A person must not use or have on board any vessel or vehicle any pot, unless the pot and the buoy or float attached to the pot or float line are clearly and permanently marked with the person's surname and initials.

(1) The maximum number of pots that may be used, set, or possessed in New Zealand fisheries waters is,—

• (a) in the case of pots being used, set, or possessed by an individual (including an individual who is the only person on a vessel), 3 pots:

• (b) in the case of pots used, set, or possessed by 2 or more individuals from a vessel, 6 pots.

(2) A person contravenes this subclause if the person (being an individual to whom subclause (1)(a) applies), on any day,—

• (a) uses, sets, or possesses—

  • (i) 4 pots; or

  • (ii) 5 or 6 pots; or

• (b) uses, sets, or possesses more than 6 pots.

(3) A person contravenes this subclause if the person (being an individual to whom subclause (1)(b) applies), on any day,—

• (a) uses, sets, or possesses pots from or on a vessel so that—

  • (i) more than 6 pots but not more than 9 pots are being used, set, or possessed on or from the vessel; or

  • (ii) more than 9 pots but not more than 12 pots are being used, set, or possessed or on from the vessel; or

• (b) uses, sets, or possesses pots from or on a vessel so that more than 12 pots are being used, set, or possessed on or from the vessel.

(1) A person must not possess a live brown bullhead catfish.

(2) A person who takes a live brown bullhead catfish must kill it immediately.

(1) No person shall take quinnat salmon by any method other than a rod and running line.

(2) No person shall be in possession of any quinnat salmon taken in contravention of subclause (1).

(3) No person fishing for quinnat salmon shall be in possession or have control over more than 1 assembled rod and running line.

(3A) Notwithstanding subclause (3), nothing in this regulation prohibits the use, by a person fishing for quinnat salmon, of another rod and running line to jig for sprat or other baitfish, so long as any salmon taken on that rod and running line is returned to the water immediately.

(4) No person shall use a rod and running line to take quinnat salmon unless that person is within 15 metres of the rod and has the rod under visual observation.

(5) The maximum number of quinnat salmon that may be taken or possessed by a person on any day is 4.

(5A) A person contravenes this subclause if the person, on any day, takes or possesses more than the daily limit of quinnat salmon, but not more than 3 times the daily limit.

(5B) A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the daily limit of quinnat salmon.

(6) This regulation shall apply only to the taking of quinnat salmon, and the possession of quinnat salmon taken, from areas that are not within an area of jurisdiction of the Fish and Game Council for that area.

No person shall be in possession of any fish together with any net, trap, or line that the person is not permitted to set or use by regulations 12 to 17, whether or not that net, trap, or line is being used in fishing.

(1) The maximum number of shellfish that may be taken or possessed by a person on any day is the number specified in the following table:

(2) A person contravenes this subclause if the person, on any day, takes or possesses more than the daily limit of a species of shellfish specified in the table in subclause (1), but not more than 3 times the daily limit.

(3) A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the daily limit of a species of shellfish specified in the table in subclause (1).

(4) The minimum length of shellfish (whether entire, chipped, or broken) that may be taken or possessed by any person on any day is specified in the following table:

(5) A person must not take or possess any dredge oyster that can be passed through a rigid circular metal ring having a clear inside diameter of 58 mm.

(6) This regulation is subject to regulation 19A.

(1) Despite regulation 19(1) or any other regulations made pursuant to section 297 of the Act relating to daily limits, a person may take on any day, an additional amount of dredge oysters or scallops that is equivalent to—

• (a) 1 times the daily limit of dredge oysters or scallops, if subclause (2) applies; or

• (b) 2 times the daily limit of dredge oysters or scallops, if subclause (3) applies.

(2) This subclause applies if—

• (a) the person takes the dredge oysters or scallops by the method of hand gathering when diving from a fishing vessel; and

• (b) 1 safety person is on board the vessel at all times when the dredge oysters or scallops are taken.

• (c) [Revoked]

(2A) For the purposes of subclause (2), no more than an additional amount that is equivalent to 1 times the daily limit of dredge oysters or scallops may be taken in total by all persons diving from the vessel.

(3) This subclause applies if—

• (a) a person takes the dredge oysters or scallops by the method of hand gathering when diving from a fishing vessel; and

• (b) 2 or more safety persons are on board the vessel at all times when the dredge oysters or scallops are taken.

• (c) [Revoked]

(3A) For the purposes of subclause (3), no more than an additional amount that is equivalent to 2 times the daily limit of dredge oysters or scallops may be taken in total by all persons diving from the vessel.

(3B) To avoid doubt, any additional amount taken for a safety person in accordance with this regulation is not part of the daily limit for the purposes of regulation 19.

(4) In this regulation,—

(1) This regulation applies to a person if the person has—

• (a) accumulated paua over a period exceeding 1 day; and

• (b) breached the daily limit specified for paua in regulation 19(1); and

• (c) established the defence specified in regulation 29(3).

(2) If this regulation applies, then the maximum number or amount of paua that may be possessed by the person on any day is—

• (a) 20 paua; or

• (b) if the number of paua cannot be determined, the amount of paua that comprises a shucked weight (being the weight of the paua remaining when the shell has been removed and discarded) of 2.5 kilograms of paua.

(3) A person contravenes this subclause if the person, on any day, possesses more than the limit of paua specified in subclause (2), but not more than 3 times that limit.

(4) A person contravenes this subclause if the person, on any day, possesses more than 3 times the limit of paua specified in subclause (2).

(1) No person may possess seaward of the mean high-water mark any shellfish to which a minimum length restriction applies in such a state that it cannot be measured.

(2) Subclause (1) does not apply to the possession of dredge oysters or scallops on board a fishing vessel for consumption.

(3) No person may land from a fishing vessel any shellfish to which a minimum length restriction applies in such a state that it cannot be measured.

No person shall—

• (a) use any underwater breathing apparatus while taking paua:

• (b) possess any paua while in possession of any underwater breathing apparatus:

• (c) have any paua in or on any conveyance in or on which there is any underwater breathing apparatus:

• (d) possess any paua that the person knows to have been taken when the person taking them was using underwater breathing apparatus.

(1) A person must not take, possess, or disturb toheroa.

(2) A person contravenes this subclause if the person takes, possesses, or disturbs up to 50 toheroa.

(3) A person contravenes this subclause if the person takes, possesses, or disturbs more than 50 toheroa.

(1) No person shall open any oyster while it adheres to the object or other oyster on which it grew or discard the shell of the oyster on or near such object or other oyster.

(2) No person shall take or possess any oysters taken in the South Island during the period commencing with 1 September in any year and ending with the last day of February (both days inclusive) in the following year.

No person shall take or possess any scallops taken between 15 February and 14 July in the same year (both days inclusive).

(1) No person shall take or possess—

• (a) [Revoked]

• (b) any undersize rock lobster or the tail of any undersize rock lobster:

• (c) any rock lobster that is carrying external eggs, or from which external eggs have been removed by artificial means:

• (d) any rock lobster where—

  • (i) any egg-bearing appendage or pleopod or any part thereof has been removed from the lobster, or the tail is in such a state that the sex of the rock lobster cannot be determined; or

  • (ii) the calcified bar or any part of the exoskeleton (the outer shell of the tail) of the first abdominal segment of the tail is fractured, or the rock lobster is in such a state that its tail cannot be properly measured as required under these regulations; or

  • (iii) in the case of a spiny rock lobster, the calcified bar or any part of the exoskeleton (the outer shell of the tail) of the second abdominal segment of the tail is fractured, or any part of any primary pleural spine of the second abdominal segment is broken:

• (e) any rock lobster in the soft shell stage.

(1A) The maximum number of rock lobsters that may be taken or possessed by a person on any day is 6.

(1B) A person contravenes this subclause if the person, on any day, takes or possesses more than the daily limit of rock lobsters, but not more than 3 times the daily limit.

(1C) A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the daily limit of rock lobsters.

(2) No person shall set or use a baited net for taking rock lobsters, or possess any rock lobster taken with a baited net.

(3) No person shall use any spear to take rock lobster, or possess any rock lobster that has been speared.

(4) [Revoked]

(5) [Revoked]

(6) [Revoked]

(1) A rock lobster is undersize for the purposes of regulations 25(1)(b) and 25B if, in whatever state the rock lobster or tail is when it is measured (whether alive or dead, or cooked, frozen, or chilled),—

• (a) in the case of a female spiny rock lobster, the width of its tail is less than 60 mm when measured in accordance with subclauses (2) and (3):

• (b) in the case of a male spiny rock lobster, the width of its tail is less than 54 mm when measured in accordance with subclauses (2) and (3):

• (c) in the case of a packhorse rock lobster of either sex, the length of its tail is less than 216 mm when measured in accordance with subclauses (4) and (5).

(2) The width of the tail of a spiny rock lobster shall, for the purposes of this regulation, be the distance measured in a straight line from the tip of one primary pleural spine on the second abdominal segment of the tail to the tip of the other primary pleural spine on that segment.

(3) In the case of any dispute as to whether a spiny rock lobster is undersize or not, the width of the tail of the rock lobster shall be measured, and the matter thereby determined, as follows:

• (a) the width shall be measured by means of a tail-width measuring device supplied by the Director-General bearing a DSIR mark or a MAF mark, or a measuring device supplied by the chief executive bearing an MFish mark, and an identifying number and consisting of a handle with an attachment comprising 2 sets of rigid caliper-type arms. Each such set has one arm that bears a raised L-shaped projection (hereinafter called the measuring bar) and a second arm that is marked with a line some 2 mm away from and parallel to the projected edge of the central column of the device, and either—

  • (i) the expressions “60” and “F”; or

  • (ii) the expressions “54” and “M”:

• (b) the tail width of a female rock lobster shall be measured by means of the set of caliper-type arms that contains the arm marked with the expressions “60” and “F”. The tail width of a male rock lobster shall be measured by means of the set of caliper-type arms that contains the arm marked with the expressions “54” and “M”:

• (c) the tail width shall be measured, using the relevant set of caliper-type arms, by—

  • (i) holding the rock lobster, or tail, with the ventral side uppermost; and

  • (ii) bringing the tip of one of the primary pleural spines on the second abdominal segment into contact with the inside face of the longer section of the measuring bar (Note: in this position the measuring bar being used will not normally be visible to the person measuring); and

  • (iii) while the tip of the spine is so in contact, rotating the measuring device to determine whether or not there is any position in which the tip of the other primary pleural spine on the second abdominal segment will reach that part of the inside edge of the other relevant arm of the device that extends from the line referred to in paragraph (a) to the unattached end of the arm (which part is hereinafter called the measuring edge):

• (d) no pressure shall be applied to the tail or to the measuring device except such pressure as is necessary to—

  • (i) bring the tip of one of the primary pleural spines on the second abdominal segment into contact with the inside face of the longer section of the measuring bar; and

  • (ii) rotate the measuring device to determine whether or not the tip of the other such spine will reach the measuring edge of the other arm:

• (e) the rock lobster will be undersize if, when the tip of one such spine is in contact with the inside face of the longer section of the measuring bar, the tip of the other spine fails to reach the measuring edge of the other relevant arm of the measuring device.

(4) The length of the tail of a packhorse rock lobster shall, for the purposes of this regulation, be the distance in a straight line, when the tail is laid flat, from the posterior side of the calcified bar on the underside of the first abdominal segment of the tail to the posterior edge of the telson of the tail fan.

(5) In the case of any dispute as to whether a packhorse rock lobster is undersize or not, the length of the tail of the rock lobster shall be measured, and the matter thereby determined, as follows:

• (a) the length shall be measured by means of a tail-length measuring device supplied by the Director-General consisting of a rigid metal bar with a pin set in it:

• (b) the pin of the measuring device shall be placed against the mid-point on the posterior side of the calcified bar on the first abdominal segment of the tail:

• (c) with the pin kept in that position and the tail laid flat, the measuring device shall be brought into line with the posterior edge of the telson of the tail fan, and the length of the tail shall be the distance as indicated on the bar of the measuring device from the pin to that posterior edge:

• (d) when measuring that distance, no more pressure shall be applied to the tail and the measuring device than is necessary to—

  • (i) cause the calcified bars on the ventral surface of the tail to just touch the measuring device; and

  • (ii) bring the pin of the device and the bar of the device into contact with the relevant points of measurement.

(6) Any measurement of the tail width of a spiny rock lobster shall be deemed not to be in accordance with subclause (3) if it is carried out by means of a tail-width measuring device that, since having been supplied by the Director-General, has been altered or added to or adapted in such a way as to decrease the distance between the relevant measuring bar and measuring edge.

(7) The diagrams in Schedule 1 of the Fisheries (Commercial Fishing) Regulations 2001 depict the tail-width measuring device and the parts of the body of a rock lobster referred to in this regulation (other than the exoskeleton), and also the physical features by which male and female spiny rock lobster may be distinguished.

(8) [Revoked]

(1) No person shall use or have on any vessel or vehicle any rock lobster pot, unless the pot has at least 2 rectangular apertures (other than the mouth) through which undersize rock lobsters are able to escape.

(2) No escape aperture shall—

• (a) be incorporated in either the top or the bottom of any pot; or

• (b) have inside dimensions of less than 54 mm by 200 mm.

(3) Every rock lobster pot that is required to contain escape apertures shall be so constructed that—

• (a) escape apertures shall be contained in at least 2 opposite faces of the pot:

• (b) where the escape apertures are placed vertically, the total inside length of the escape aperture or apertures contained in any face of the pot shall not be less than 80% of the total height of the face of the pot in which the aperture or apertures are contained:

• (c) where placed other than vertically, the total inside length of the escape aperture or apertures contained in any face of the pot shall not be less than 80% of the total length of the face of the pot in which the aperture or apertures are contained.

(4) Notwithstanding anything in subclause (1) or subclause (3), no person shall use or have on any vessel or vehicle any round rock lobster pot, unless—

• (a) the pot contains at least 3 rectangular apertures (other than the mouth) through which undersize rock lobsters are able to escape; and

• (b) each aperture has inside dimensions of not less than 54 mm by 200 mm.

(5) This regulation does not prohibit the use or possession of rock lobster pots without escape apertures if—

• (a) the pots are constructed entirely of spot welded rectangular mesh with inside dimensions of not less than 140 mm long by 54 mm wide; and

• (b) the pots are used—

  • (i) without covers or liners; or

  • (ii) with covers or liners that leave unencumbered at least 80% of the surface area of each of 2 opposite sides.

(6) [Revoked]

(7) This regulation does not prohibit the use or possession of pots without escape apertures for taking species other than rock lobster.

(1) No person may take rock lobster with a loop that is—

• (a) drawn tight by springs or any other trigger mechanism; or

• (b) constructed in a way that, if used, is likely to puncture, penetrate, cut, or otherwise damage the tail or carapace of a rock lobster.

(2) No person may—

• (a) use, while taking rock lobster, a loop of a type specified in subclause (1):

• (b) possess any rock lobster while in possession of a loop of a type specified in subclause (1):

• (c) have any rock lobster in or on a conveyance in or on which there is a loop of a type specified in subclause (1):

• (d) possess any rock lobster that the person knows has been taken by using a loop of a type specified in subclause (1).

A person must not use or have on board any vessel or vehicle any pot to take octopus unless the entrance to the pot is covered and secured by a latch or similar device so that an octopus must force its way into the pot.

No person shall take or possess any black coral.

(1) On and from 1 November 2010, no person may commence or continue operating as an amateur-fishing charter vessel operator unless the person is registered by the chief executive as an amateur-fishing charter vessel operator.

(2) The chief executive must register a person as an amateur-fishing charter vessel operator on presentation of a properly completed application on an approved form accompanied by the appropriate fee specified in subclause (3).

(3) The application fee is—

• (a) $54 if the application is made in writing; or

• (b) $27 if the application is made electronically.

(4) The registration of a person as an amateur-fishing charter vessel operator expires at the close of the day that is 1 year after the date on which the person is registered.

(5) However, a person's registration does not expire under subclause (4) until the chief executive has decided whether to re-register the person if the person has, not later than 1 month before the person's registration expires, applied to be re-registered and, at the date on which the registration would otherwise expire under subclause (4), the chief executive has not decided whether to re-register the person.

(6) The chief executive may revoke the registration of a person as an amateur-fishing charter vessel operator if the person persistently fails to comply with the reporting obligations provided under regulation 26B, but must not do so before giving the person—

• (a) notice in writing of the chief executive's intention to do so; and

• (b) a reasonable opportunity to comply with the reporting obligations that have not been complied with.

(7) The chief executive may revoke the registration of a person as an amateur-fishing charter vessel operator if the person is subject to a current prohibition order relating to fishing made by the court.

(1) An amateur-fishing charter vessel operator must provide information to the chief executive in accordance with this regulation.

(2) The information to be provided under this regulation—

• (a) is the information specified for the purposes of this regulation by the chief executive by notice in the Gazette; and

• (b) must be provided in the form and at the times specified by the chief executive in the notice given under paragraph (a).

(3) The information that may be required by a notice under subclause (2) is information about the fishing activities of an amateur-fishing charter vessel operator, including (but not limited to)—

• (a) details of the vessel being used; and

• (b) where fishing has taken place and its duration; and

• (c) the species and quantity of fish taken.

(4) Before issuing, amending, or revoking a notice given under subclause (2), the chief executive must consult any organisations that the chief executive considers to be representative of the persons likely to be substantially affected by the notice.

(1) Nothing in these regulations or in any other regulations made pursuant to the Act relating to amateur fishing and imposing any restriction on the taking of fish, aquatic life, or seaweed shall apply where—

• (a) the fish, aquatic life, or seaweed is or are taken for the purposes of a traditional non-commercial fishing use (except a hui or tangi) approved by the chief executive; and

• (b) the fish are taken in accordance with any conditions considered by the chief executive to be necessary for the overall conservation and management of the fishery.

(2) The chief executive may, in writing, delegate to 1 or more of the following, namely,—

• (a) any Maori Committee constituted by or under the Maori Community Development Act 1962; or

• (b) any marae committee that is an incorporated society under the Incorporated Societies Act 1908; or

• (c) any kaitiaki of the tangata whenua,—

the power to approve a traditional non-commercial fishing use (except a hui or tangi) under subclause (1)(a).

(1) These regulations (and any other regulations made under the Act that relate to amateur fishing and impose restrictions on the taking of fish, aquatic life, or seaweed) do not apply if the fish, aquatic life, or seaweed is taken—

• (a) for the purposes of a hui or tangi; and

• (b) in accordance with an authorisation granted by a person or organisation specified in subclause (2); and

• (c) in accordance with any conditions notified in the Gazette that are considered by the chief executive to be necessary for the overall conservation and management of the fishery.

(2) The persons and organisations are—

• (a) a marae committee, whether incorporated or not, established for the purpose of managing or operating a marae:

• (b) a Maori Committee constituted by or under the Maori Community Development Act 1962:

• (c) a runanga, whether incorporated or not:

• (d) a Maori Trust Board within the meaning of the Maori Trust Boards Act 1955.

(3) An authorisation issued by a person or organisation specified in subclause (2)—

• (a) must be in the form set out in the Schedule; and

• (b) must state the conditions (if any) relating to the taking of the fish, aquatic life, or seaweed; and

• (c) may be issued only by an individual who is an authorised representative of the person or organisation; and

• (d) may not be issued by an authorised representative unless the authorised representative's name and contact details have been notified to the nearest office of the Ministry of Fisheries.

(4) An authorised representative may not issue an authorisation—

• (a) unless the person or organisation for whom he or she is the authorised representative represents the tangata whenua of the area to which the authorisation relates; and

• (b) if a Tangata Kaitiaki/Tiaki or Tangata Tiaki/Kaitiaki has been appointed under the Fisheries (Kaimoana Customary Fishing) Regulations 1998 or the Fisheries (South Island Customary Fishing) Regulations 1999, for the area to which the authorisation relates; and

• (c) unless satisfied that the fish, aquatic life, or seaweed to be taken under the authorisation will be taken for a purpose that is neither commercial in any way nor for pecuniary gain or trade.

(5) An authorised representative who issues an authorisation must—

• (a) give the authorisation a unique sequential number; and

• (b) record on the authorisation the date and time the fish, aquatic life, or seaweed is to be taken; and

• (c) complete all parts of the authorisation except to the extent that the authorisation expressly provides otherwise; and

• (d) keep a copy of the authorisation and produce the copy to a fishery officer if required to do so.

(6) An authorisation issued by an authorised representative expires at the end of 48 hours after the date and time recorded on it under subclause (5)(b).

(7) A person contravenes this subclause if—

• (a) the person is not an authorised representative and purports to issue an authorisation as if he or she were an authorised representative; or

• (b) the person is an authorised person and—

  • (i) issues an authorisation in breach of subclauses (3), (4), or (6); or

  • (ii) fails to comply with subclause (5).

(1) Any person engaged in amateur fishing shall, taking all reasonable care to ensure their survival, immediately return any finfish, shellfish, or aquatic life that is unlawfully taken or is of an unlawful state or size back into the waters from which the finfish, shellfish, or aquatic life was taken.

(2) The following are not counted towards the relevant daily limits set out in these regulations or in any other regulations relating to amateur fishing made under the Act:

• (a) any finfish that is—

  • (i) of lawful size; and

  • (ii) returned immediately to the waters from which it was taken in a manner in which it is likely to survive:

• (b) any fish, shellfish, or aquatic life that is—

  • (i) undersized or less than its specified minimum length; and

  • (ii) returned immediately to the waters from which it was taken.

Nothing in these regulations applies to the use by a person of a landing net to secure fish that have been lawfully taken.

(1) A person commits an offence and is liable on conviction to a fine not exceeding $10,000 if the person contravenes, or fails to comply with, any of regulations 6, 6A(2), 7 to 15, 15A, 15B(2)(a), 15B(3)(a), 16, 17(1), (2), (3), (4), or (5A), 18, 19(2), (4), or (5), 19B(3), 20, 21, 22(2), 23, 24, 25(1), (1B), (2), or (3), 25B, 25BA, 25C, 26, 26A, 26B, or 27A(7).

(2) A person commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000 if the person contravenes, or fails to comply with, any of regulations 6A(3), 15B(2)(b), 15B(3)(b), 17(5B), 19(3), 19B(4), 22(3), 25(1C), or 28.

(3) In the case of any person charged with being unlawfully in possession of more than the maximum number of any species of finfish, shellfish, or aquatic life to which the person is entitled, it is a defence if that person satisfies the court that the number of finfish, shellfish, or aquatic life in excess of the maximum was not taken in breach of these regulations.

(4) In the case of any person charged with taking or being in possession of scallops during a closed season, it is a defence if that person satisfies the court that the scallops were washed ashore.

(5) The defence specified in subclause (3) is not available to a person who breaches the accumulation limit for paua specified in regulation 19B(2).

The following regulations and notice are hereby revoked:

• (a) the Fisheries (Amateur Fishing) Regulations 1983 (SR 1983/294):

• (b) the Fisheries (Amateur Fishing) Regulations 1983, Amendment No 1 (SR 1984/138):

• (c) the Fisheries (Amateur Fishing) Regulations 1983, Amendment No 2 (SR 1984/342):

• (d) the Fisheries (Amateur Fishing) Notice 1984 (SR 1984/348).