Fisheries (Southland and Sub-Antarctic Areas Commercial Fishing) Amendment Regulations 2005

2005/140

Fisheries (Southland and Sub-Antarctic Areas Commercial Fishing) Amendment Regulations 2005


Note

These regulations are administered in the Ministry of Fisheries.


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 30 June 2005.

3 Interpretation
  • Regulation 2 of the principal regulations is amended by inserting, in their appropriate alphabetical order, the following definitions:

    cage

    • (a) means a rock lobster holding pot that is used for holding or storing rock lobster; but

    • (b) does not include any pot that is capable of catching rock lobster

    Fiordland (Te Moana o Atawhenua) Marine Area means the area established by section 6(1) of the Fiordland (Te Moana o Atawhenua) Marine Management Act 2005

    internal waters of Fiordland means an area within the Fiordland (Te Moana o Atawhenua) Marine Area described in the Schedule.

4 Total prohibitions
  • (1) Regulation 3 of the principal regulations is amended by omitting paragraph (a), and substituting the following paragraph:

    • (a) the waters of Milford Sound and all those waters in the vicinity of Milford Sound lying inside a straight line drawn from St Anne Point (at 44°34.30'S and 167°46.98'E) to Stripe Point (at 44°33.06'S and 167°49.32'E):

    (2) Regulation 3 of the principal regulations is amended by adding the following paragraph:

    • (c) the internal waters of Fiordland.

    (3) Regulation 3 of the principal regulations is amended by adding, as subclauses (2), (3), (4), and (5), the following subclauses:

    • (2) Despite subclause (1)(a) and (c), a commercial fisher may, in the internal waters of Fiordland,—

      • (a) hold live rock lobster, taken from outside the internal waters of Fiordland, in cages for up to 2 months; and

      • (b) store—

        • (i) cages, with all doors open; and

        • (ii) rock lobster pots, with all doors open.

    • (3) Subclause (2) is subject to all prohibitions, restrictions, and conditions applying to any marine reserve established in the Fiordland (Te Moana o Atawhenua) Marine Area—

      • (a) by section 7(1) of the Fiordland (Te Moana o Atawhenua) Marine Management Act 2005; or

      • (b) under section 4(1) of the Marine Reserves Act 1971.

    • (4) Nothing in subclause (2) permits—

      • (a) the taking of rock lobster in the internal waters of Fiordland; or

      • (b) the storage of baited rock lobster pots in the internal waters of Fiordland.

    • (5) Subclause (4) is for the avoidance of doubt.

5 Certain fishing methods prohibited in defined areas :
  • Regulation 3A(1) of the principal regulations is amended by revoking paragraph (b), and substituting the following paragraph

    • (b) the Fiords:

      • (i) Bligh Sound: all those waters of Bligh Sound to the east of a line drawn from Tommy Point (at 44°45.21'S and 167°29.61'E) to Chasland Head (at 44°46.38'S and 167°28.27'E):

      • (ii) George Sound: all those waters of George Sound to the east of a line drawn from a point on the coast (at 44°49.42'S and 167°21.34'E) to a point on the southern entrance to the sound (at 44°50.62'S and 167°19.54'E):

      • (iii) Caswell Sound: all those waters of Caswell Sound to the east of a line drawn from a point on the coast (at 44°59.43'S and 167°08.15'E) to McKerr Point (at 45°00.33'S and 167°07.65'E):

      • (iv) Charles Sound: all those waters of Charles Sound to the east of a line drawn from Islet Point (at 45°01.51'S and 167°05.53'E) to Hawes Head (at 45°03.21'S and 167°04.43'E):

      • (v) Nancy Sound: all those waters of Nancy Sound to the east of a line drawn from Burnett Point (at 45°06.16'S and 167°01.60'E) to Anxiety Point (at 45°06.37'S and 167°00.84'E):

      • (vi) Thompson Sound: all those waters of Thompson and Bradshaw Sounds to the east of a line drawn from Shanks Head (at 45°08.31'S and 166°58.45'E) to Colonial Head on Secretary Island (at 45°08.67'S and 166°57.65'E):

      • (vii) Doubtful Sound: all those waters of Doubtful Sound to the east of a line drawn from a point on the coast of Secretary Island (at 45°14.49'S and 166°52.08'E) to Febrero Point (at 45°16.59'S and 166°50.52'E):

      • (viii) Dagg Sound: all those waters of Dagg Sound to the east of a line drawn from Cast-Off Point (at 45°22.72'S and 166°46.32'E) to Towing Head (at 45°23.93'S and 166°45.41'E):

      • (ix) Breaksea Sound: all those waters of Breaksea Sound to the east of a line drawn from Oliver Point (at 45°34.49'S and 166°40.31'E) to a point on Resolution Island (at 45°36.17'S and 166°36.35'E):

      • (x) Dusky Sound: all those waters of Dusky Sound to the east of a line drawn from Five Fingers Point on Resolution Island (at 45°44.67'S and 166°26.70'E) to South Point (at 45°48.79'S and 166°27.40'E):

      • (xi) Preservation and Chalky Inlets: all those waters of Preservation and Chalky Inlets to the east of a line drawn from Cape Providence (at 46°00.78'S and 166°28.37'E) to Puysegur Point (46°9.45'S and 166°36.34'E):.

6 New Schedule added
  • The principal regulations are amended by adding the Schedule set out in the Schedule of these regulations.


Schedule
New Schedule added

r 6

Schedule
Description of internal waters of Fiordland

r 2

  • 1 Those waters of Long Sound lying to the east of a line drawn from 46°05.16'S and 166°42.67'E to 46°03.67'S and 166°41.41'E.

  • 2 Those waters of Chalky Inlet lying to the east of a line drawn from 45°58.22'S and 166°35.74'E to 45°58.99'S and 166°37.69'E.

  • 3 Those waters of Dusky Sound lying to the east of lines drawn—

    • (a) from 45°45.06'S and 166°36.83'E to 45°46.38'S and 166°36.45'E; and

    • (b) from 45°46.38'S and 166°36.45'E to 45°47.72'S and 166°35.77'E.

  • 4 Those waters of Acheron Passage lying to the east and to the south of a line drawn from 45°36.76'S and 166°42.40'E to 45°36.15'S and 166°43.38'E.

  • 5 Those waters of Breaksea Sound lying to the east of a line drawn from 45°35.85'S and 166°43.74'E to 45°34.91'S and 166°42.73'E.

  • 6 Those waters of Dagg Sound lying to the east of a line drawn from 45°23.81'S and 166°48.44'E to 45°23.44'S and 166°48.52'E.

  • 7 Those waters of Doubtful Sound lying—

    • (a) to the east of a line drawn from 45°17.15'S and 166°53.01'E to 45°17.56'S and 166°52.68'E; and

    • (b) to the east of a line drawn from 45°16.81'S and 166°54.61'E to 45°16.59'S and 166°55.21'E.

  • 8 Those waters of Thompson and Bradshaw Sounds lying to the east and to the south of a line drawn from 45°11.33'S and 166°58.32'E to 45°10.60'S and 166°57.90'E.

  • 9 Those waters of Nancy Sound lying to the east of a line drawn from 45°07.98'S and 167°04.43'E to 45°06.77'S and 167°02.38'E.

  • 10 Those waters of Charles Sound lying to the east of a line drawn from 45°04.68'S and 167°06.21'E to 45°04.41'S and 167°06.66'E.

  • 11 Those waters of Caswell Sound lying to the east of a line drawn from 45°01.23'S and 167°10.23'E to 45°00.58'S and 167°08.95'E.

  • 12 Those waters of George Sound lying to the east and to the south of a line drawn from 44°53.10'S and 167°23.11'E to 44°53.43'S and 167°21.99'E.

  • 13 Those waters of Bligh Sound lying to the east and to the south of a line drawn from 44°48.05'S and 167°32.29'E to 44°47.88'S and 167°32.43'E.

  • 14 Those waters of Sutherland Sound lying to the east of a line drawn from 44°44.31'S and 167°35.61'E to 44°44.36'S and 167°35.64'E.

  • 15 Those waters of Milford Sound lying to the east of a line drawn from 44°35.99'S and 167°49.12'E to 44°36.33'E and 167°48.71'E.

Martin Bell,

Acting for 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 30 June 2005, amend the Fisheries (Southland and Sub-Antarctic Areas Commercial Fishing) Regulations 1986 by—

  • inserting definitions of cage, Fiordland (Te Moana o Atawhenua) Marine Area, and internal waters of Fiordland (regulation 3 and new Schedule):

  • substituting a new regulation 3(a) to include updated co-ordinates for the areas referred to in that paragraph (regulation 4(1)):

  • imposing a total prohibition on commercial fishing in the internal waters of Fiordland, but permitting certain activities in relation to the holding of live rock lobster in cages and the storage of empty cages and empty rock lobster pots. The permitted activities are subject to all prohibitions, restrictions, and conditions applying to marine reserves established in the Fiordland (Te Moana o Atawhenua) Marine Area (regulation 4(2) and (3)):

  • substituting a new regulation 3A(1)(b) to include updated co-ordinates for the areas referred to in that paragraph (regulation 5).


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

Date of notification in Gazette: 2 June 2005.


  • 1 SR 1986/220