(1) Except as expressly provided, this regulation and regulations 6 to 15 apply to New Zealand fishing vessels and to foreign-owned New Zealand fishing vessels.

(2) The name of a vessel must not be changed unless—

• (a) the operator of the vessel has made written application to the chief executive; and

• (b) the chief executive gives written authority for the change of name of the vessel.

(3) When considering an application under subclause (2), the chief executive must be satisfied that a change of name of the vessel will not cause undue confusion.

(4) Despite subclause (3), if a vessel is registered under the Ship Registration Act 1992, its name must not be altered except in accordance with that Act.

Not later than 1 calendar month after the information provided in an application for a permit, authority, approval, permission, licence, or certificate, has changed, the holder of the permit, authority, approval, permission, licence, or certificate must give notice in writing to the chief executive of the new information.

The operator, notified user, or master of a vessel must ensure that the certificate of registration, certificate of notification (if any), and all relevant fishing permits are—

• (a) kept on board the registered vessel; and

• (b) maintained in a legible condition; and

• (c) produced immediately on the request of a fishery officer.

(1) No person may alter, deface, or make illegible a certificate of registration, certificate of notification, or fishing permit, or a replacement of any of those documents issued under subclause (3).

(2) Despite subclause (1), the chief executive may alter a certificate of registration, certificate of notification, or fishing permit, or a replacement of any of those documents issued under subclause (3).

(3) If a certificate of registration, certificate of notification, or fishing permit is lost, destroyed, or so damaged as to make it illegible, the holder of the certificate of registration, certificate of notification, or fishing permit (as the case may be) must apply to the chief executive for a replacement, with the prescribed fee (if any).

An operator of a vessel must ensure that, within 7 days after the registration of the vessel or before the vessel is used for fishing, whichever is the earlier, the name of the vessel is marked in contrasting colours on both sides of the hull with clear and legible letters and figures, as appropriate, that are not less than—

• (a) 250 mm in height; and

• (b) 125 mm across; and

• (c) 25 mm stroke width; and

• (d) 50 mm from any other letter or figure.

(1) This regulation does not apply to foreign-owned New Zealand fishing vessels or to vessels registered under section 105 of the Act.

(2) Subject to subclause (1), an operator of a vessel that is less than 28 m in overall length must ensure that, within 7 days after the registration of the vessel or before the vessel is used for fishing, whichever is the earlier,—

• (a) the vessel is marked with figures showing the registration number of the vessel; and

• (b) those figures are painted on both sides of the forward plane of the hull in accordance with Schedule 4.

(3) If a vessel other than a vessel described in subclause (1) ceases to be registered, the operator must, within 7 days of its registration ceasing, remove from the vessel the registration number required by subclause (2).

(1) The operator of a foreign-owned New Zealand fishing vessel, a vessel registered under section 105 of the Act, or a vessel that is 28 m or more in overall length must ensure that, within 7 days after the registration of the vessel or before the vessel is used for fishing, whichever is the earlier, the vessel is marked with the vessel's international call sign.

(2) The markings must be painted amidship on both sides of the hull immediately below the gunwale in accordance with Schedule 4.

(3) If a vessel described in subclause (1) ceases to be registered, the operator must, within 7 days of its registration ceasing, remove from the vessel any letters or figures that identify that vessel as a vessel registered under the Act, but must not remove the international call sign required by subclause (1).

The figures of the registration number and, if required, the letters and figures of the international call sign must be painted on the vessel in white on a black background or in black on a white background, whichever produces the greater contrast with the colour of the hull.

An operator, notified user, or master of a vessel must ensure that, while the vessel is registered,—

• (a) the letters and figures of the name, registration number, and any international call sign are not removed, obscured, or obliterated from the vessel; and

• (b) the appropriate letters and figures are maintained in accordance with regulations 10 to 12 and Schedule 4.

(1) No person may display on a vessel any letter, figure, or combination of letters and figures that is intended to cause, or that may reasonably cause, any person to believe that the vessel is any other vessel or is not a New Zealand fishing vessel or foreign-owned New Zealand fishing vessel.

(2) No person may display on a vessel that is not registered under section 103 or section 105 of the Act any letter, figure, or combination of letters and figures that is intended to cause, or that may reasonably cause, any person to believe that the vessel is registered or is any other registered vessel.

(1) It is sufficient compliance with regulations 10 to 13 and Schedule 4 if the operator of a vessel described in subclause (2) ensures that the letters and figures are marked and maintained on both sides of the hull or superstructure of the vessel in the position and as nearly as practicable to the size and manner approved in writing by a fishery officer.

(2) The vessels covered by subclause (1) are—

• (a) a vessel used for squid or any other type of fishing on which any letters or figures required by regulations 10 to 13 and Schedule 4 are likely to be quickly obscured or obliterated; or

• (b) a vessel with a hull shaped so that any letters or figures required by regulations 10 to 13 and Schedule 4 are likely to be obscured or obliterated.

(1) All tenders must—

• (a) be marked on both sides of the hull with clear and legible letters and figures in accordance with Schedule 4; and

• (b) have the number on the tender preceded by the letter “T” with a hyphen (“T-”); and

• (c) have the figures and letters of the tender number painted in a colour that produces the greatest contrast with the colour of the hull; and

• (d) if a registered vessel operates more than 1 tender, have a number on the tender between the letter “T” and the hyphen to denote the number of the tender (for example, “T1-”, “T2-”, etc).

(2) A tender must not be simultaneously marked as the tender of more than 1 registered vessel.

(3) A tender must not be simultaneously marked as a tender and as a registered vessel.

(4) The operator of a registered vessel must ensure that, in relation to any tender used in support of that vessel, the required figures and letters are maintained and are not removed, obscured, or obliterated.

(5) A person must not display on any tender any figure, letter, or combination of letters or figures in a way that is intended to cause, or that may reasonably cause, a person to believe that the tender is not a tender or that the tender is another New Zealand fishing vessel or tender.

(6) The operator of a vessel must ensure that tenders used in support of that vessel do not display the markings required for tenders under this regulation if the vessel is no longer registered under the Act.

(1) Unless otherwise specified, this regulation and regulations 18 to 23 apply to the following fishing vessels:

• (a) foreign-owned New Zealand fishing vessels; and

• (b) fish carriers registered under section 105 of the Act.

(2) Unless otherwise specified, the obligations under this regulation and regulations 18 to 29 fall on the operator, notified user, or master of a vessel, whichever is appropriate in the circumstances.

(3) A ship's log, in English, must be maintained on board a vessel at all times when it is in New Zealand fisheries waters to record—

• (a) every instruction, direction, or requirement communicated to the vessel by New Zealand authorities; and

• (b) events on board, or in relation to, the vessel or its operation.

(4) A copy of every report supplied to the Fisheries Communication Centre by a vessel must be kept in a permanent and legible form on board the vessel for a period of not less than 6 months after the end of the fishing year to which the report relates and must be noted in English in the ship's logbook.

(5) If a company in whose name a vessel is registered no longer has an interest in the vessel, the company must retain the reports for the remainder of the 6-month period referred to in subclause (4).

(6) A person must be available at all times to act as an interpreter from English to the language of the operator, notified user, or master of the vessel and from that other language to English.

(7) Once a vessel is registered under the Act, and before commencing fishing for the first time in New Zealand fisheries waters, the operator, notified user, or master of the vessel must—

• (a) notify the Fisheries Communication Centre; and

• (b) be cleared to fish by a fishery officer, who may undertake a port inspection before giving that clearance.

(8) Except where subclause (9) applies, a vessel intending to leave New Zealand fisheries waters must first be given a clearance to leave New Zealand fisheries waters by a fishery officer and the vessel must then proceed directly to the high seas.

(9) If the registration of a vessel under the Act expires or is cancelled, the vessel must be given a clearance to leave New Zealand fisheries waters by a fishery officer and the vessel must then proceed directly to the high seas.

(10) A vessel cleared to leave New Zealand fisheries waters under subclause (8) or subclause (9) must, as it leaves the port from which it obtained clearance, notify (in New Zealand Standard Time) the Fisheries Communication Centre of—

• (a) its intended time and position of departure from New Zealand fisheries waters; and

• (b) its time of departure from the port.

(1) When a fishing vessel is within an area where it is not permitted to fish, all fishing gear must be stowed so that it is not readily available for fishing.

(2) Before fishing gear, supplies, services, or personnel may be transferred to or from a foreign-owned New Zealand fishing vessel, a fish carrier, or a foreign fishing vessel,—

• (a) the prior approval of the chief executive must be obtained through the Fisheries Communication Centre; and

• (b) the transfer, if approved, must comply with the conditions of the approval.

(1) This regulation applies to a fishing vessel if fish are—

• (a) transhipped at sea under section 110 of the Act; or

• (b) transhipped at port to another vessel; or

• (c) landed but not delivered to a licensed fish receiver and loaded aboard another vessel or aircraft for export from New Zealand.

(2) The operator, notified user, or master of a vessel must—

• (a) obtain prior approval for a transhipment or landing from the chief executive; and

• (b) comply with this regulation and any conditions that the chief executive sees fit to impose.

(3) Advance notice must be given to the Fisheries Communication Centre as follows:

• (a) not less than 10 days, in the case of an intention to carry out a transhipment at sea; or

• (b) not less than 3 days, in the case of an intention to carry out a transhipment at a port; or

• (c) not less than 3 days, in the case of an intention to land and load fish for export.

(4) A transhipment or landing must be supervised by an observer or fishery officer.

(5) Before a transhipment or landing commences, 3 cargo plans must—

• (a) be completed on the approved forms and in accordance with the explanatory notes; and

• (b) be made available to the supervising observer or fishery officer prior to the commencement of the transhipment or landing; and

• (c) be supplied with a diagram of the vessel, depicting the holds of the vessel, in accordance with the explanatory notes.

(6) All cartons containing fish being transhipped must be legibly marked, either directly or with a label, in accordance with the requirements of the Industry Agreed Inspection Standard (IAIS) 004.1.

(7) In a transhipment or landing, each sling load must be consistent as to the number of fish cartons it carries unless a change in the number of cartons in a sling load is first approved by the supervising observer or fishery officer.

(8) All fish in each carton of a sling load must be of the same size, weight, and species, and in the same state, unless otherwise approved by the supervising observer or fishery officer.

(9) No vessel may fish or process fish during transhipment or until the transhipment or a catch landing return is completed, whichever is the sooner.

(10) A transhipment of fish from a foreign-owned New Zealand fishing vessel to a licensed foreign fish carrier must be carried out within the exclusive economic zone, but only within that part of the exclusive economic zone that lies outside the territorial sea, as defined in the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977.

(11) In a transhipment or landing, all embarkation and disembarkation, accommodation, and food costs of the Ministry observer or fishery officer must be supplied free of charge to the Ministry, and the operator must pay the transhipment supervision fee specified in Schedule 2.

(1) If a New Zealand Government ship approaches a fishing vessel, the vessel must set watch on HF SSB frequency 2182 kHz or VHF channel 16.

(2) A New Zealand Government ship may also communicate by a flag hoist or with a flashing light.

(3) If a New Zealand Government aircraft flies past a vessel at low altitude and parallel to the vessel's track, with its undercarriage extended and landing lights on, the vessel must set watch on HF SSB frequency 2182 kHz or VHF channel 16.

(4) A New Zealand Government aircraft may also communicate with a flashing light.

(5) If a helicopter approaches by hovering alongside the stern of a vessel, the vessel must set watch on HF SSB frequency 2182 kHz or VHF channel 16.

(6) If radiocommunication is unavailable in the case of a helicopter approach, the helicopter must communicate its requirement that the vessel prepare for helicopter transfer by circling the vessel once, hovering alongside the stern of the vessel, and hovering over the particular area where the transfer is to take place.

(7) A vessel must reply when called by a New Zealand Government ship or aircraft, or by a helicopter.

(1) The operator, notified user, or master of a fishing vessel must comply with this regulation when requested to prepare for the vessel to be boarded by an observer or fishery officer.

(2) The vessel must be manoeuvred by any or all of the following means as may be appropriate to facilitate the boarding:

• (a) by stopping the vessel:

• (b) by providing a lee:

• (c) by heading into the sea:

• (d) by proceeding downwind and into the sea.

(3) If the vessel is in motion while being boarded, its speed must be commensurate with the weather conditions so as to permit the vessel to be boarded in a safe and professional manner.

(4) The vessel must provide a ladder, fenders, securing lines, and adequate lighting for persons boarding the vessel, with the ladder secured so that it is free of all discharge outlets, and the lighting must not hinder the manoeuvring of the vessel or the boats from which the boarding is taking place.

(5) The master must provide any assistance that is required by persons boarding or leaving the vessel.

(6) Consideration for the safety of the vessel must not compromise the safety of persons boarding or leaving the vessel.

(1) The operator, notified user, or master of a fishing vessel must comply with this regulation when requested to prepare for a helicopter transfer.

(2) The transfer operation must be carried out,—

• (a) if the stern area is free from obstruction and is suitable for a helicopter transfer, in the stern area of the vessel; or

• (b) if the stern area is not clear, in the bow area, which must be prepared for a helicopter transfer.

(3) Before a transfer operation begins, the transfer area must be cleared of all loose material and particles, including tarpaulins, winch covers, cloths, light packing, papers, and objects that may be lifted from the deck or surrounding structures by a helicopter downdraught and all rigging on the transfer area must be secured.

(4) The vessel must turn into the wind and proceed at a speed of approximately 5 knots on a steady course prior to and during the transfer.

(5) The helicopter winch cable must never be attached or secured to a part of the fishing vessel or to equipment or a structure on the vessel.

(6) Consideration for the safety of the vessel must not compromise the safety of persons involved in a helicopter transfer.

Observers must be provided with on-board facilities that comply with the requirements of section 223 of the Act and regulation 33 of the Fisheries (Foreign Fishing Vessel) Regulations 2001.

(1) This regulation and regulation 25 apply to foreign-owned New Zealand fishing vessels that are used for any tuna longline fishing.

(2) Vessels of the kind referred to in subclause (1) must not—

• (a) fish in the New Zealand territorial sea at any time:

• (b) fish in the Auckland Fisheries Management Area between 1 October of any year and 31 May of the following year.

The operator, notified user, or master of a vessel used for tuna longline fishing must—

• (a) first tag and then release—

  • (i) marlin taken alive in New Zealand fisheries waters; and

  • (ii) sailfish and spearfish taken alive in the Auckland Fisheries Management Area; and

• (b) provide information on tagged and dead billfish to the chief executive in accordance with the Ministry's tagging programme.

(1AA) This regulation and regulation 28 apply to foreign-owned New Zealand fishing vessels that are used as skipjack tuna purse seiners.

(1) The operator, notified user, or master of a foreign-owned New Zealand fishing vessel that is a skipjack tuna purse seiner must provide notice to the Fisheries Communication Centre 24 hours in advance of an intention to enter or leave New Zealand fisheries waters.

(2) A skipjack tuna purse seiner must not fish in the New Zealand territorial sea or in the area between a line due east of Cape Brett (at 3510.46′S and 17420.05′E) and a line due north of North Cape (at 3424.80′S and 17302.80′E), extending an additional 6 nautical miles beyond the outer limits of the New Zealand territorial sea.

(1) The operator, notified user, or master of a skipjack tuna purse seiner must maintain a daily purse seine log, a copy of which must be returned to a representative of the Ministry of Fisheries before the vessel leaves New Zealand fisheries waters.

(2) A helicopter or fixed wing aircraft pilot flying in conjunction with a skipjack tuna purse seiner must complete a return of aerial sightings on the approved form for each flight undertaken in support of fishing operations and return the completed forms to the chief executive before the vessel leaves New Zealand fisheries waters.

Foreign-owned New Zealand fishing vessels that are squid jiggers must not fish in the following areas:

• (a) the New Zealand territorial sea; and

• (b) the area of Tasman Bay enclosed by a line commencing at a point at 40°19.4′S and 173°00.5′E; and then proceeding in a south-easterly direction to a point at 40°27.8′S and 174°00′E; and then proceeding in a south-westerly direction along the outer limits of the territorial sea of New Zealand to the first-mentioned point.

(1) This regulation applies subject to regulation 25.

(2) Except as provided in this regulation, commercial fishers must not possess marlin taken from New Zealand fisheries waters.

(3) No person may sell or possess for sale marlin taken from New Zealand fisheries waters.

(4) Commercial fishers who take marlin—

• (a) may tag them with a tag supplied by the chief executive, but must return them to the sea; or

• (b) if the marlin has been tagged already, may retain and land the marlin, but must surrender them to a fishery officer; or

• (c) in other cases, must return them, whether alive or dead, to the sea.

(5) A fishery officer who receives tagged marlin under subclause (4) must dispose of them as directed by the chief executive.

(1) Commercial fishers must not use or possess nets whose mesh size is smaller than that specified for each species in the table in subclause (6), measured in accordance with the requirements of Part 2 of Schedule 3.

(2) The restriction in subclause (1) does not apply if purse seine or lampara nets are used by commercial fishers to take albacore, anchovy, blue mackerel, jack mackerel, garfish, kahawai, koheru, pilchard, saury, skipjack tuna, trevally, or yellowfin tuna.

(3) Despite subclause (1), commercial fishers may take koi or brown bullhead catfish with fyke nets, so long as the mesh of the nets is not less than 12 mm.

(4) The minimum weight of any eel that commercial fishers may take or possess is 220 g.

(5) No person may sell, possess for sale, or process for sale finfish or eels less than the length or weight respectively specified for those species.

(6) Commercial fishers must not take or possess finfish that are smaller than the length specified in the following table for each species:

(1) Commercial fishers must not take or possess species of shellfish if the shell, whether entire, chipped, or broken, is less than the length specified for that species in the following table:

(2) Commercial fishers must not take or possess dredge oysters that may be passed through a rigid circular metal ring with a clear inside diameter of 58 mm.

(3) No person may sell, possess for sale, or process for sale shellfish or dredge oysters less than the length or size respectively specified for the species.

(1) Commercial fishers taking or possessing shellfish must ensure that they remain unshelled until they are delivered either to the first point of sale after being taken or to a processing factory.

(2) Commercial fishers or persons engaged in the business of fish processing must not land or begin shelling, shucking, or processing dead shellfish.

Commercial fishers must not take or possess oysters taken from South Island fisheries waters between 1 September in any year and the last day of February in the following year (both days inclusive).

Commercial fishers must not take or possess scallops taken between 15 February and 14 July in any year (both days inclusive).

(1) Commercial fishers must not take or possess toheroa.

(2) No person may sell, or possess for sale, or process for sale toheroa.

(1) Commercial fishers must not take or possess undersize rock lobsters or the tails of undersize rock lobsters.

(2) No person may sell, possess for sale, or process for sale undersize rock lobsters or the tails of undersize rock lobsters.

(3) A rock lobster, whether alive, dead, cooked, frozen, or chilled, is undersize for the purposes of this regulation if the tail is—

• (a) less than 60 mm wide, in the case of a female spiny rock lobster, when measured in accordance with regulation 38:

• (b) less than 54 mm wide, in the case of a male spiny rock lobster, when measured in accordance with regulation 38:

• (c) less than 216 mm long, in the case of a packhorse rock lobster of either sex, when measured in accordance with regulation 40.

(1) For the purposes of these regulations, the width of the tail of a spiny rock lobster is 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.

(2) In a dispute as to whether or not a spiny rock lobster is undersize, the matter must be determined by measuring the width of the tail—

• (a) in accordance with this regulation; and

• (b) using the tail-width measuring device described in subclause (3) and depicted in Schedule 1.

(3) The tail-width measuring device must be a device—

• (a) supplied by the chief executive and must bear the letters “DSIR”, “MAF”, or a Ministry mark and an identifying number; and

• (b) consisting of a handle with an attachment comprising 2 sets of rigid caliper-type arms, as follows:

  • (i) each set of arms must have one arm with a raised projection (the measuring bar); and

  • (ii) the second arm must be marked with a line 2 mm away from, and parallel to, the projected edge of the central column of the device, and be marked with either—

    • (A) the expressions “60” and “F”, for measuring the tail of a female spiny rock lobster; or

    • (B) the expressions “54” and “M”, for measuring the tail of a male spiny rock lobster.

(4) In every case, the tail width must be measured with the relevant set of caliper-type arms in the following manner:

• (a) the spiny rock lobster or tail must be held with the ventral side uppermost:

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

• (c) with the tip of the spine in this position, the measuring device must be rotated to determine whether or not there is a 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 arm of the device that extends from the line referred to in subclause (3)(b)(ii) to the unattached end of the arm (the measuring edge).

(5) No more pressure must be applied to the tail or to the measuring device than is necessary to make the measurement specified in subclause (4).

(6) The spiny rock lobster will be undersize if, when the tip of one 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.

(1) Measurement of the tail width of a spiny rock lobster does not comply with regulation 38 if the tail-width measuring device is altered, added to, or adapted so that it decreases the distance between the relevant measuring bar and measuring edge after the device was supplied by the chief executive.

(2) Measurement of the tail width of a spiny rock lobster by a tail-width measuring device described in regulation 38(3) does not comply with this regulation unless the device is referred to in a report—

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

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

(3) The diagrams in Schedule 1 depict the tail-width measuring device and the parts of the body of the spiny rock lobster (other than the exoskeleton), and the physical features by which male and female spiny rock lobsters may be distinguished.

(1) For the purposes of this regulation, the length of the tail of a packhorse rock lobster is the distance measured in a straight line, with the tail 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.

(2) In a dispute as to whether a packhorse rock lobster is undersize, the matter must be determined by measuring the length of the tail with a tail-length measuring device in accordance with this regulation.

(3) The tail-length measuring device must—

• (a) be supplied by the chief executive; and

• (b) consist of a rigid metal bar with a pin set in it.

(4) The tail length must be measured in the following manner:

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

• (b) with the pin in that position and the tail laid flat, the measuring device must be brought into line with the posterior edge of the telson of the tail fan:

• (c) when measuring that distance, no more pressure must 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 and the bar of the device into contact with the relevant points of measurement.

(5) The length of the tail is the distance indicated on the bar of the measuring device from the pin to the posterior edge referred to in subclause (4)(b).

(1) This regulation applies to a rock lobster if—

• (a) that rock lobster is carrying external eggs; or

• (b) external eggs have been removed from that rock lobster by artificial means; or

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

• (d) that rock lobster is in the soft-shell stage; or

• (e) the calcified bar or a part of the exoskeleton (the outer shell of the tail) of the first abdominal segment of the tail is fractured; or

• (f) that rock lobster is in such a state that its tail cannot be properly measured as required under these regulations; or

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

(2) Commercial fishers must not take or possess rock lobsters to which this regulation applies.

(3) No person may sell, possess for sale, or process for sale rock lobsters to which this regulation applies.

(1) Commercial fishers must not—

• (a) land rock lobsters unless the rock lobsters are alive; or

• (b) tail rock lobsters on board a vessel.

(2) A person processing rock lobsters for sale must not tail or begin to process them unless the rock lobsters are alive.

(1) Commercial fishers must not take or possess salmon.

(2) Despite subclause (1), commercial fishers who take tagged salmon must retain and land the salmon and surrender them to a fishery officer.

(3) Subclause (1) does not apply if—

• (a) a commercial fisher takes salmon as an inevitable consequence of the lawful taking of other fish; and

• (b) the salmon, when taken, are dead or so damaged as to be unlikely to survive being returned to the water; and

• (c) the commercial fisher notifies a fishery officer as soon as practicable of the taking of the salmon; and

• (d) the commercial fisher surrenders ownership of the salmon to the Crown and disposes of the fish in accordance with the directions of a fishery officer.

(4) No person may sell or possess salmon for sale.

(5) Despite subclause (4), a licensed fish receiver may sell or possess for sale salmon surrendered to the Crown and disposed of under subclause (3)(d).

(1) Commercial fishers must not take or possess black coral.

(2) No person may sell, possess for sale, or process for sale black coral.

(1) Commercial fishers must not take marine turtles from New Zealand fisheries waters or possess marine turtles taken from those waters.

(2) Subclause (1) does not apply if—

• (a) marine turtles are accidentally taken; or

• (b) an authority or permit has been given to take or possess marine turtles either—

  • (i) under section 53 or section 56 of the Wildlife Act 1953; or

  • (ii) under section 14 of the Trade in Endangered Species Act 1989.

Any marine turtle taken by a commercial fisher that is not injured must immediately be returned to the waters from which it was taken.

Injured or drowning marine turtles must be treated in accordance with standards and specifications issued by the chief executive from time to time.

(1) The chief executive, by notice in the Gazette, may issue, amend, or revoke a circular specifying the standards and specifications that commercial fishers must comply with in handling injured or drowning marine turtles that they have accidentally taken.

(2) Before issuing, amending, or revoking a circular, the chief executive must consult, to the extent that is practicable in the circumstances, with any persons or organisations considered by the chief executive to be representative of the classes of persons or organisations likely to be substantially affected by the circular.

(1) Commercial fishers must not take or possess any shortfinned or longfinned eel weighing more than 4 kg.

(2) No person may sell, possess for sale, or process for sale any shortfinned or longfinned eel weighing more than 4 kg.

(1) Despite regulations 55 and 75, commercial fishers must not use fyke nets to take eels in South Island fisheries waters.

(2) Subclause (1) does not apply if 2 escapement tubes with an inside diameter of not less than 31 mm are incorporated behind the last trap or throat, and before the last part of the net capable of holding eels while in the water (except that the inside diameter of both ends of the tube must be at least 32 mm).

No person may sell live brown bullhead catfish.

(1) The operator, notified user, or master of a New Zealand fishing vessel must ensure that all cockles, kina, mussels, octopuses, oysters, paddle crabs, paua, pipi, scallops, tuatua, rock lobsters, or rock lobster tails landed from the vessel or transferred from the vessel to another vessel are held in containers that are clearly and legibly labelled on the outside with—

• (a) the name and registered number of the fishing vessel from which the shellfish were taken; and

• (b) the date on which the shellfish were taken; and

• (c) except in the case of rock lobsters, the area from which the shellfish were taken; and

• (d) the signature of the operator, notified user, or master of the vessel from which the shellfish were taken; and

• (e) the client name and number of the permit holder under whose permit the shellfish were taken.

(2) A fishing permit holder who operates otherwise than from a registered fishing vessel must ensure that all cockles, kina, mussels, octopuses, oysters, paddle crabs, paua, pipi, scallops, tuatua, rock lobsters, or rock lobster tails that are taken are held in containers that are labelled on the outside with—

• (a) the permit holder's initials and surname; and

• (b) the permit holder's fishing permit number; and

• (c) the date on which the shellfish were taken; and

• (d) except in the case of rock lobsters, the area from which the shellfish were taken; and

• (e) the permit holder's signature.

(2A) A commercial fisher must ensure that all eels that are taken are held in containers that are clearly and legibly labelled on the outside with the initials, surname, and client number of the permit holder under whose permit the eels were taken.

(3) If subclause (1), (2), or (2A) applies, no person may—

• (a) possess containers that are unlabelled, partly labelled, or incorrectly labelled; or

• (b) deliver to a person, sell, or otherwise dispose of, receive, or accept containers that are unlabelled, partly labelled, or incorrectly labelled; or

• (c) remove the labels from the containers before the processing of the contents is commenced.

(1) Commercial fishers must not use for fishing, or have on board a fishing vessel, longlines, set nets, or other static fishing gear without surface floats at each end.

(2) Each surface float must be clearly, permanently, and legibly marked with the registration number of the fishing vessel from which it was or will be set, or is being transported.

(3) Despite subclause (1), trot lines, droplines, and dahn lines may be marked at one end only.

Commercial fishers must not use for fishing, or have on board a fishing vessel, fyke nets unless surface floats are securely attached that are clearly, permanently, and legibly marked with the registration number of the vessel from which it is set or transported.

(1) Commercial fishers must not use for fishing, or have on board a fishing vessel, pots (including holding pots) without their own surface buoys or floats.

(2) Each pot and surface buoy or float must be clearly, permanently, and legibly marked with the registration number of the vessel from which it is set or transported.

If commercial fishers use gear covered by regulations 54 to 56, other than in conjunction with a fishing vessel, the gear must be marked as required under regulations 54 to 56, but with the permit number of the commercial fisher using the gear.

(1) Commercial fishers taking tuna by using longlines from a vessel must ensure that, for the purpose of avoiding or mitigating the effect of fishing-related seabird mortality,—

• (a) seabird scaring devices approved by the chief executive are carried on a vessel whenever the vessel is being used to take tuna by longline fishing; and

• (b) seabird scaring devices are used in accordance with specifications (if any) issued by the chief executive.

(2) Commercial fishers must permit inspection of seabird scaring devices at any reasonable time by a fishery officer or an observer appointed under section 223(2) of the Act.

(1) The chief executive may, by notice in the Gazette, issue, amend, or revoke a circular—

• (a) authorising or requiring a particular seabird mitigation measure to be carried, used, or adopted (as the case may require) in relation to any specified vessel or class of vessel, if that measure is reasonably necessary to avoid or mitigate the effect of fishing-related seabird mortality:

• (b) specifying the standards and requirements (if any) applying in respect of any seabird mitigation measure authorised or required under paragraph (a).

(2) Before issuing, amending, or revoking a circular the chief executive must consult, to the extent that is practicable in the circumstances, with any persons or organisations that the chief executive considers to be representative of the classes of persons or organisations likely to be substantially affected by the circular.

(3) A circular may specify different standards and requirements in respect of different types of seabird mitigation measure, including, in relation to any specified vessel or class of vessel,—

• (a) a specified fishing practice or method:

• (b) a specified fishery or area.

(1) The operator or master of a vessel to which this regulation applies must comply with any seabird mitigation measure authorised or required by any circular issued under regulation 58A(1)(a).

(2) The operator or master must also ensure that a seabird mitigation measure—

• (a) complies with any standards and requirements specified under regulation 58A(1)(b); and

• (b) is carried, used, or adopted (as the case may require) in accordance with those standards and requirements.

(3) The operator or master must permit a fishery officer or observer to inspect at any reasonable time any seabird mitigation measure that is authorised or required by circular to be carried, used, or adopted (as the case may require) in relation to that vessel.

A certified gauge used for measuring the net mesh size must—

• (a) have the configuration of 1 or more of the gauges depicted in Part 1 of Schedule 3; and

• (b) bear an identifying mark and the letters “DSIR”, “MAF” or a Ministry mark, and a number, as recorded in the report referred to in paragraph (c); and

• (c) be certified as an accurate net mesh measuring gauge for the purposes of these regulations by reference to the mark and number recorded in a report issued—

  • (i) by the Measurements Standards Laboratory of New Zealand (as defined in the National Standards Regulations 1976); or

  • (ii) by an inspector or an accredited person (as those terms are defined in section 2 of the Weights and Measures Act 1987).

(1) Commercial fishers must not use or set nets that, either by themselves or together with, or in conjunction with, another net, wing, leader, or other item attached to the net, extend more than one-quarter of the way across the width of a channel, river, or stream.

(2) Commercial fishers must not use nets that, either by themselves or together with, or in conjunction with, another net, wing, leader, or other item attached to the net, extend more than one-quarter of the width of an arm of the sea, including an estuary, inlet, bay, or sound.

(3) For the purposes of subclause (1), the width of a channel, river, or stream is the distance between the bank of the channel, river, or stream, measured at right angles at that place and at that time.

(4) For the purposes of subclause (2), the width of an arm of the sea, including an estuary, inlet, bay, or sound, is the distance between a point on the water's edge and a point on the opposing water's edge that at some point intersects the net, or a wing, leader, or other item attached to the net.

Commercial fishers must not set nets so that stalling occurs and must ensure that stalling does not occur while the nets are set.

Commercial fishers must not erect poles or stakes for use with fishing nets, or use them in conjunction with fishing nets, except if the poles or stakes—

• (a) are used in conjunction with fyke nets; and

• (b) are clearly visible at all stages of the tide; and

• (c) are removed when fishing stops.

(1) Commercial fishers must not use Danish seine nets, trawl nets, box or teichi nets, trammel nets, purse seine nets, or lampara nets in rivers, streams, lakes, lagoons, or estuaries.

(2) Commercial fishers must not set, use, or possess baited nets other than ring pots, fyke nets, hoop nets, or pullpots.

(3) Commercial fishers must not use or possess trammel nets.

Commercial fishers must not operate net-sonde monitor cables from New Zealand fishing vessels or foreign-owned New Zealand fishing vessels.

(1) Commercial fishers must not use set nets or a combination of set nets if the total length of a net or a combination of nets, whether attached together or otherwise, is more than 1 000 m.

(2) Subclause (1) does not apply if all of the upper edge of each set net is more than 2 m below the surface of the water.

(3) Commercial fishers must not use set nets or a combination of set nets in New Zealand fisheries waters if the total length of a net or a combination of nets, whether attached together or otherwise, is more than 3 000 m.

(4) Subclause (3) does not apply if the chief executive authorises the use of the net or nets under subclause (5).

(5) The chief executive may, in writing, authorise a commercial fisher to use a set net or a combination of set nets in New Zealand fisheries waters, whether attached together or not, with a total length of not more than 6 000 m.

(6) In subclauses (3) and (5), New Zealand fisheries waters does not include a river, stream, lake, lagoon, or estuary.

(7) Before issuing an authorisation under subclause (5), the chief executive must be satisfied that the commercial fisher has previously used a set net or a combination of set nets, whether attached together or otherwise, whose total length was not less than 3 000 m.

(8) Commercial fishers must not use or possess set nets with a total length of more than 500 m if, when the nets are set, they have part of their upper edge more than 2 m from the surface of the water unless the nets have surface floats attached at intervals of 500 m or less.

(9) Commercial fishers must not, in rivers, streams, lakes, lagoons, or estuaries,—

• (a) use set nets or a combination of set nets if the total length of a net or a combination of nets, whether attached together or otherwise, exceeds 1 000 m; or

• (b) set a set net within 60 m of another set net.

Commercial fishers must not leave set nets in the water for more than 18 hours without under-running the net and removing fish that have been caught.

(1) Commercial fishers must not use or have drag nets or beach seine nets that are longer than 165 m.

(2) In this regulation, drag net and beach seine net do not include a warp, rope, or chain attached to the net.

Commercial fishers must not use beach seine nets or drag nets unless the nets are pulled or hauled by hand, without the aid of a pulley, other mechanical device, or vessel.

(1) Commercial fishers must not use for fishing, or have on board a fishing vessel, Danish seine nets.

(2) Subclause (1) applies only if the mesh of the net—

• (a) is less than 125 mm in the cod-end; or

• (b) has more than 1 layer of mesh; or

• (c) has liners, sleeves, or flappers of any material; or

• (d) has a form of strengthening with centres less than 1 m.

Commercial fishers must not use Danish seine nets within 3 nautical miles seaward of the mean high-water mark of the coast of the South Island.

(1) Commercial fishers must not use for fishing, or have on board a fishing vessel, trawl nets.

(2) Subclause (1) applies only if the trawl net has—

• (a) more than 1 layer of mesh:

• (b) liners, sleeves, or flappers of any material:

• (c) a method of strengthening with centres less than 1 m:

• (d) mesh less than 100 mm unless a fishing permit authorises the use or possession of the mesh.

(3) Subclause (1) does not prohibit the use of chafer gear on the underside of a trawl net if the after end of the chafer or chafing gear—

• (a) is, and remains, detached from the trawl net; and

• (b) is attached in a manner that will readily allow the escape of small fish through the mesh of the cod-end.

(4) Subclause (1) does not prohibit a commercial fisher from having trawl nets on a vessel if—

• (a) the nets may lawfully be used by the commercial fisher from that vessel in another area of New Zealand fisheries waters; and

• (b) the vessel is to be used or has been used on that voyage to fish in that area.

(5) Subclause (1) does not prohibit a commercial fisher from using for fishing or possessing on a vessel trawl nets with a mesh not less than 80 mm in the body of the net, and not less than 55 mm in the cod-end of the net, if the fisher—

• (a) is fishing for or intends to fish for scampi or prawn killer; and

• (b) has notified the chief executive in writing of the fisher's intention to fish for scampi or prawn killer in that fishing year.

Commercial fishers must not use New Zealand fishing vessels or foreign-owned New Zealand fishing vessels over 46 m in overall length for trawling in the territorial sea.

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

(2) In this regulation, closed seamount area means all waters within an area identified by regulations as a seamount area in which fishing by use of a trawl net is prohibited.

Without limiting regulation 52, commercial fishers must not use fyke nets unless—

• (a) 2 escapement tubes are incorporated between the last trap or throat and the last part of each net that is capable of holding finfish while in the water; and

• (b) the escapement tubes are—

  • (i) not less than 25 mm in inside diameter (except that the inside diameter of both ends of the tube must be at least 29 mm); and

  • (ii) not less than 35 mm in length; and

  • (iii) placed so as to project inside the net not more than 10 mm.

Except as provided in regulations 76A and 77, commercial fishers must not—

• (a) use or have underwater breathing apparatus when taking fish, aquatic life, or seaweed; or

• (b) have underwater breathing apparatus while in possession of fish, aquatic life, or seaweed; or

• (c) have underwater breathing apparatus on board New Zealand fishing vessels or foreign-owned New Zealand fishing vessels.

(1) If a commercial fisher is carrying and operating an automatic location communicator on board a New Zealand fishing vessel that is being used for fishing for deepwater clam, the commercial fisher may—

• (a) use or have underwater breathing apparatus when taking deepwater clam:

• (b) have underwater breathing apparatus while in possession of deepwater clam:

• (c) have underwater breathing apparatus on board the vessel for the purpose of taking deepwater clam.

(2) Nothing in subclause (1) allows a commercial fisher—

• (a) to use or have underwater breathing apparatus when taking fish, aquatic life, or seaweed other than deepwater clam; or

• (b) to have underwater breathing apparatus on board a vessel from which is taken fish, aquatic life, or seaweed other than deepwater clam.

(1) Underwater breathing apparatus may be carried on board and used from a New Zealand fishing vessel if the underwater breathing apparatus is sealed on the fishing vessel by a fishery officer and only carried or used—

• (a) to retrieve lost fishing gear that cannot effectively be recovered by another means; or

• (b) for emergencies involving the preservation of life or the safety of the vessel or other vessels.

(2) If underwater breathing apparatus has been used for a purpose specified in subclause (1), the operator, notified user, or master must,—

• (a) as soon as practicable, inform a fishery officer, by some form of communication from the vessel, of the circumstances involving the use of the apparatus; and

• (b) not permit the vessel to put to sea again after entering a port or refuge until the apparatus has been resealed by, or under the direction of, a fishery officer.

(3) Underwater breathing apparatus may be carried on board and used from a registered fishing vessel if—

• (a) the apparatus is not used for commercial fishing; and

• (b) the chief executive authorises the apparatus to be carried and used; and

• (c) it is carried and used in accordance with conditions specified by the chief executive.

(1) Commercial fishers who fish for shellfish other than surf clams must not use—

• (a) more than 1 dredge with a bar or bit that is more than 2.5 m long; or

• (b) more than 2 dredges, either of which has a bar or bit that is more than 1.4 m long.

(2) However, commercial fishers fishing for surf clams may use 1 or more dredges that have a bar or bit of any length.

(1) Commercial fishers must not use or have rock lobster pots on board fishing vessels unless the pots have at least 2 rectangular apertures (other than the mouth) through which undersize rock lobsters are able to escape.

(2) An escape aperture must not—

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

• (b) have inside dimensions of less than 200 mm long and 54 mm wide.

(3) Rock lobster pots that are required to have escape apertures must be constructed so that—

• (a) there are escape apertures in at least 2 opposite faces of the pots; and

• (b) if the escape apertures are placed vertically, the total inside length of the escape aperture or apertures on 1 face of the pots is not less than 80% of the total height of the face of the pots on which the aperture or apertures are placed; and

• (c) if the apertures are not placed vertically, the total inside length of the escape aperture or apertures on 1 face of the pots is not less than 80% of the total length of the face of the pots on which the aperture or apertures are placed.

(4) Despite subclauses (1) and (3), commercial fishers must not use round rock lobster pots, or have them on board fishing vessels, unless—

• (a) the pots have 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 200 mm long by 54 mm wide.

(5) This regulation does not prohibit the use or possession of rock lobster pots without escape apertures on board fishing vessels 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) This regulation does not prohibit the use of rock lobster pots for holding rock lobsters if the pots are not capable of being used for taking rock lobsters.

(7) To avoid doubt, this regulation does not prohibit the use or possession of pots without apertures for taking species other than rock lobster.

(1) Commercial fishers must not use or have on board a fishing vessel any pot used to take blue cod unless the pot is constructed entirely of square steel mesh with inside dimensions of no less than 48 mm in width.

(2) Commercial fishers must not use or have on board a fishing vessel any pot used 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.

Commercial fishers must not use spears to take fish and must not possess fish that have been speared.

Fees must be paid as specified in Schedule 2.

The chief executive may waive or remit, in whole or in part, all fees payable under these regulations, if he or she considers that the waiver or remission is in the public interest.

(1) A person commits an offence who contravenes or fails to comply with regulation 6.

(2) A person commits an offence who contravenes or fails to comply with regulations 5, 7, 8(1), 16(1) to (6), 17(4) to (6), 18, 19(3), (7), (8) or (10), 20(1), (3), (5) or (7), 21(1), 22, 25, 42(1) or (2), 43(1), (2) or (4), 52(1), 52A, 53 to 57, 58B(2) or (3), 62, 76, 77, or 80.

(3) A person commits an offence who contravenes or fails to comply with regulations 9, 10(2) or (3), 11 to 13, 14, 17(3) or (7) to (10), 19(2), (4) to (6) or (9), 23, 24(2), 27 to 29, 30(2) to (4), 31(1), (2), (5) or (6), 32(1) to (3), 33(1) or (2), 34, 35, 36(1) or (2), 37(1) or (2), 41(2) or (3), 44(1) or (2), 45(1), 46 to 48, 50(1) or (2), 58, 58B(1), 60, 61, 63, 64, 65(1), (3), (8) or (9), 66, 67(1), 68, 69(1), 70, 71(1), 72, 73, 74, 75, 78, 79(1) to (4), or 79A.

(1) A person who commits an offence against a regulation listed in regulation 84(1) is liable on summary conviction to a fine not exceeding $10,000.

(2) A person who commits an offence against a regulation listed in regulation 84(2) is liable on summary conviction to a fine not exceeding $20,000.

(3) A person is liable on summary conviction to a fine not exceeding $100,000 if—

• (a) that person has been convicted of 2 or more offences against the regulations specified in regulation 84(1) or (2); and

• (b) the offences were committed on more than 1 occasion within a period of 3 consecutive years.

(4) Any person who commits an offence against a regulation listed in regulation 84(3) is liable on summary conviction to a fine not exceeding $100,000.

The Fisheries (Commercial Fishing) Regulations 1986 (SR 1986/215) are revoked.