Fisheries (Amateur Fishing) Amendment Regulations 2004

  • revoked
  • Fisheries (Amateur Fishing) Amendment Regulations 2004: revoked, on 1 February 2014, pursuant to regulation 161(1)(a) of the Fisheries (Amateur Fishing) Regulations 2013 (SR 2013/482).

Reprint
as at 1 February 2014

Fisheries (Amateur Fishing) Amendment Regulations 2004

(SR 2004/286)

  • Fisheries (Amateur Fishing) Amendment Regulations 2004: revoked, on 1 February 2014, pursuant to regulation 161(1)(a) of the Fisheries (Amateur Fishing) Regulations 2013 (SR 2013/482).


Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this eprint. See the notes at the end of this eprint for further details.

These regulations are administered in the Ministry for Primary Industries.


Pursuant to section 297 of the Fisheries Act 1996, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

1 Title
2 Commencement
  • These regulations come into force on 1 October 2004.

3 New regulation 25C inserted
  • The principal regulations are amended by inserting, after regulation 25B, the following regulation:

    25C Person and vessel limits on number of rock lobster pots
    • (1) The maximum number of rock lobster 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 by an individual who is the only person on a vessel), 3 pots:

      • (b) in the case of pots being 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 a person to whom subclause (1)(b) applies), on any day,—

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

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

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

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

4 Offences and penalties
  • (1) Regulation 29(1) of the principal regulations is amended by inserting, after the expression 25B,, the expression 25C(2)(a), 25C(3)(a),.

    (2) Regulation 29(2) of the principal regulations is amended by inserting, after the expression 25(1C),, the expression 25C(2)(b), 25C(3)(b),.

Diane Morcom,

Clerk of the Executive Council.


Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 October 2004, amend the Fisheries (Amateur Fishing) Regulations 1986 to set national rock lobster pot limits for amateur fishers for all areas, except Paterson Inlet and Mimiwhangata Peninsula (which have area-specific limits).

An individual who uses, sets, or possesses more than 3 pots but not more than 6 pots in a day is liable to a fine not exceeding $10,000. If an individual uses, sets, or possesses more than 6 pots the maximum fine is $20,000, to reflect that it is serious non-commercial offending.

A person who is part of a group of 2 or more individuals that uses, sets, or possesses more than 6 pots but not more than 12 pots in a day is liable to a fine not exceeding $10,000. The fine rises to a maxi-mum of $20,000 if more than 12 pots are used, set, or possessed in a day, to reflect that it is serious non-commercial offending.


Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 2 September 2004.


Eprint notes
1 General
  • This is an eprint of the Fisheries (Amateur Fishing) Amendment Regulations 2004 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 About this eprint
  • This eprint is not an official version of the legislation under section 18 of the Legislation Act 2012.

3 Amendments incorporated in this eprint

  • 1 SR 1986/221