This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force 28 days after the date of their notification in the Gazette, amend the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Regulations 1986.
Regulation 2 revokes and replaces regulation 2 of the principal regulations, which relates to the application of those regulations. The new provision ensures that the principal regulations apply to the possession of fish as well as the taking of fish.
Regulation 3 inserts into regulation 3 of the principal regulations a definition of the term Act. The term includes the Fisheries Act 1996 as well as the Fisheries Act 1983.
Regulation 4 substitutes a new regulation 3A in the principal regulations, which allows a person to take, on any day, a limited number of fish from an area, be in possession of that number of fish while in that area, or be in possession of that limited number of fish if they have been taken from that area. The main reason for replacing regulation 3A is to make it consistent with the corresponding regulation in the other regional amateur fisheries regulations.
Regulation 5 amends regulation 11 of the principal regulations (which relates to offences) to provide that,—
on or after 1 June 2002, a person who has reoffended within a period of 3 years is liable on conviction to a fine of $10,000; and
the penalty for repeat offenders applies only to offences carrying a maximum fine of $5,000; and
it is a defence if the excess fish were not taken in breach of the regulations.
Regulation 6 effects a consequential revocation.