Fisheries (Central Area Commercial Fishing) Amendment Regulations 2008

2008/269

Crest

Fisheries (Central Area Commercial Fishing) Amendment Regulations 2008

Anand Satyanand, Governor-General

Order in Council

At Wellington this 25th day of August 2008

Present:
His Excellency the Governor-General in Council

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

Regulations

1 Title
  • These regulations are the Fisheries (Central Area Commercial Fishing) Amendment Regulations 2008.

2 Commencement
  • These regulations come into force on 1 October 2008.

3 Principal regulations amended
  • These regulations amend the Fisheries (Central Area Commercial Fishing) Regulations 1986.

4 New regulation 6C inserted
  • The following regulation is inserted after regulation 6B:

    6C Trawling prohibited from Tirua Point to Pariokariwa Point
    • (1) A commercial fisher must not use a trawl net for fishing in the waters lying within an area bounded by a line that—

      • (a) extends from Tirua Point (at 38°23.22′S and 174°38.04′E), then follows a line in a generally southerly direction by the mean high-water mark to the southernmost point of the north bank of the Awakino River (at 38°39.88′S and 174°37.24′E); and

      • (b) then proceeds in a straight line across the Awakino River to a point on the south bank of the Awakino River (at 38°39.92′S and 174°37.22′E), then follows a line along the mean high-water mark to the southernmost point on the north bank of the Mokau River (at 38°42.36′S and 174°37.03′E); and

      • (c) then proceeds in a straight line across the Mokau River to a point on the south bank of the Mokau River (at 38°42.40′S and 174°37.01′E), then follows a line along the mean high-water mark to the north bank of the Tongaporutu River (at 38°48.88′S and 174°35.23′E); and

      • (d) then proceeds in a straight line across the Tongaporutu River to a point on the south bank of the Tongaporutu River (at 38°48.98′S and 174°35.23′E), then follows a line along the mean high-water mark to Pariokariwa Point (at 38°53.49′S and 174°30.35′E); and

      • (e)  then proceeds generally north-west 2 nautical miles to 38°52.23′S and 174°28.27′E; and

      • (f) then proceeds in a northerly direction to a point (at 38°22.84′S and 174°35.55′E); and

      • (g) then proceeds in a straight line along the Central Fishery Area Management boundary to Tirua Point (at 38°23.22′S and 174°38.04′E).

      (2) For the purposes of the area defined in subclause (1), a straight line joining the mean high-water marks at each side of a harbour entrance or, as the case may be, the natural entrance points of a river mouth must be treated as the inner boundary of that area if it extends seawards or as the outer boundary of that area if it extends landwards, except in the case of any harbours and rivers where specific co-ordinates are provided.

5 New regulation 7D substituted
  • Regulation 7D is revoked and the following regulation substituted:

    7D Set netting prohibited from Tirua Point to Pariokariwa Point
    • (1) A commercial fisher must not use a set net for fishing in the waters lying within an area bounded by a line that—

      • (a) extends from Tirua Point (at 38°23.22′S and 174°38.04′E), then follows a line in a generally southerly direction by the mean high-water mark to the southernmost point of the north bank of the Awakino River (at 38°39.88′S and 174°37.24′E); and

      • (b) then proceeds in a straight line across the Awakino River to a point on the south bank of the Awakino River (at 38°39.92′S and 174°37.22′E), then follows a line along the mean high-water mark to the southernmost point on the north bank of the Mokau River (at 38°42.36′S and 174°37.03′E); and

      • (c) then proceeds in a straight line across the Mokau River to a point on the south bank of the Mokau River (at 38°42.40′S and 174°37.01′E), then follows a line along the mean high-water mark to the north bank of the Tongaporutu River (at 38°48.88′S and 174°35.23′E); and

      • (d) then proceeds in a straight line across the Tongaporutu River to a point on the south bank of the Tongaporutu River (at 38°48.98′S and 174°35.23′E), then follows a line along the mean high-water mark to Pariokariwa Point (at 38°53.49′S and 174°30.35′E); and

      • (e) then proceeds generally north-west 7 nautical miles to 38°49.23′S and 174°23.23′E; and

      • (f) then proceeds in a northerly direction to a point (at 38°21.80′S and 174°29.43′E); and

      • (g) then proceeds in a straight line along the Central Fishery Management Area boundary to Tirua Point (at 38°23.22′S and 174°38.04′E).

      (2) For the purposes of the area defined in subclause (1), a straight line joining the mean high-water marks at each side of a harbour entrance or, as the case may be, the natural entrance points of a river mouth must be treated as the inner boundary of that area if it extends seawards or as the outer boundary of that area if it extends landwards, except in the case of any harbours and rivers where specific co-ordinates are provided.

6 Offences
  • Regulation 16(2) is amended by omitting 3 to 7A, 7C to 12 and substituting 3, 3A, 4 to 6, 6A, 6B, 6C, 7, 7A, 7C, 7D, 8, 9, 9A, 10 to 12.

Rebecca Kitteridge,
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 2008, amend the Fisheries (Central Area Commercial Fishing) Regulations 1986.

The amendments—

  • introduce new measures that prohibit the use of trawl nets and set nets in certain defined areas in order to avoid, remedy, or mitigate the effects of fishing-related mortality on Hector's and Maui's dolphins; and

  • make it an offence to act in contravention of, or fail to comply with, the new measures.


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

Date of notification in Gazette: 28 August 2008.

These regulations are administered by the Ministry of Fisheries.