Fisheries (South-East Area Amateur Fishing) Amendment Regulations (No 2) 2008

  • revoked
  • Fisheries (South-East Area Amateur Fishing) Amendment Regulations (No 2) 2008: revoked, on 1 February 2014, pursuant to regulation 161(1)(e) of the Fisheries (Amateur Fishing) Regulations 2013 (SR 2013/482).

Reprint
as at 1 February 2014

Coat of Arms of New Zealand

Fisheries (South-East Area Amateur Fishing) Amendment Regulations (No 2) 2008

(SR 2008/276)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 25th day of August 2008

Present:
His Excellency the Governor-General in Council

  • Fisheries (South-East Area Amateur Fishing) Amendment Regulations (No 2) 2008: revoked, on 1 February 2014, pursuant to regulation 161(1)(e) 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 official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry for Primary Industries.


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 (South-East Area Amateur Fishing) Amendment Regulations (No 2) 2008.

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

3 Principal regulations amended
  • These regulations amend the Fisheries (South-East Area Amateur Fishing) Regulations 1986.

4 Set net prohibitions
5 Unattended set nets in East Otago taiapure
  • Regulation 3E is amended by inserting the following subclause after subclause (1):

    • (1A) Subclause (1) does not authorise the use of a set net in any part of the East Otago taiapure that is within the area defined in regulation 6E.

6 Regulation 4A revoked
7 New regulations 6E and 6EA susbtituted
  • Regulation 6E is revoked and the following regulations are substituted:

    6E Set net fishing prohibited in certain area from Clarence Point to Slope Point
    • (1) A person must not use a set net for fishing in the waters lying within 4 nautical miles to the seaward of a baseline that—

      • (1) commences from Clarence Point (at 42°10.00′S and 173°56.00′E); and

      • (2) then follows a line in a generally southerly direction by the mean high-water mark to a point to the north of the Waiau River mouth (at 42°45.81′S and 173°23.03′E); and

      • (3) then proceeds in a straight line to the south of the Waiau River mouth (at 42°47.08′S and 173°22.33′E); and

      • (4) then follows a line in a generally southerly direction by the mean high-water mark to the southernmost point of the north of the Hurunui River mouth (at 42°54.07′S and 173°17.67′E); and

      • (5) then proceeds in a straight line to the south of the Hurunui River mouth (at 42°54.75′S and 173°16.82′E); and

      • (6) then follows a line in a generally southerly direction by the mean high-water mark to the north bank of the Ashley River (at 43°14.68′S and 172°44.10′E); and

      • (7) then proceeds in a straight line to the south bank of the Ashley River (at 43°16.65′S and 172°43.41′E); and

      • (8) then follows a line in a generally southerly direction by the mean high-water mark to the southernmost point of the north of the Waimakariri River mouth (at 43°23.29′S and 172°42.54′E); and

      • (9) then proceeds in a straight line to south of the Waimakariri River mouth (at 43°23.50′S and 172°42.54′E); and

      • (10) then follows a line in a generally southerly direction by the mean high-water mark to the southernmost point of the north of the Waitaki River mouth (at 44°55.50′S and 171°09.00′E); and

      • (11) then proceeds in a straight line to the south of the Waitaki River mouth (at 44°57.60′S and 171°07.70′E); and

      • (12) then proceeds in a straight line to the north head of Shag River (at 45°28.72′S and 170°49.01′E); and

      • (13) then follows a line in a generally southerly direction by the mean high-water mark to the southernmost point of the south head of Shag River (at 45°28.83′S and 170°49.03′E); and

      • (14) then follows a line in a generally southerly direction by the mean high-water mark to the southernmost point of the north head of Pleasant River (at 45°34.00′S and 170°43.67′E); and

      • (15) then proceeds in a straight line to the south head of Pleasant River (at 45°34.20′S and 170°43.67′E); and

      • (16) then follows a line in a generally southerly direction by the mean high-water mark to the southernmost point of the north head of Waikouaiti River (at 45°38.39′S and 170°39.71′E); and

      • (17) then proceeds in a straight line to the south head of Waikouaiti River (at 45°38.48′S and 170°39.71′E); and

      • (18) then follows a line in a generally southerly direction by the mean high-water mark to the southernmost point of Warrington Spit (at 45°43.73′S and 170°36.00′E); and

      • (19) then proceeds in a straight line to the south head of Blueskin Bay (at 45°44.00′S and 170°36.00′E); and

      • (20) then follows a line in a generally southerly direction by the mean high-water mark to the southernmost point of the west head of Purakaunui Inlet (at 45°44.06′S and 170°37.05′E); and

      • (21) then proceeds in a straight line to the east head of Purakaunui Inlet (at 45°44.06′S and 170°37.72′E); and

      • (22) then proceeds in a straight line to the north-eastern end of the mole at Otago Harbour (at 45°46.24′S and 170°43.20′E); and

      • (23) then proceeds in a straight line to a point (45°46.32′S and 170°43.54′E); and

      • (24) then proceeds in a south-westerly direction to a point (at 45°46.43′S and 170°43.21′E); and

      • (25) then proceeds due south to a point (at 45°47.10′S and 170°43.21′E); and

      • (26) then proceeds due east to Harrington Point (at 45°47.10′S and 170°43.82′E); and

      • (27) then follows a line in a generally southerly direction by the mean high-water mark to the southernmost point of the northern entrance of Papanui Inlet (at 45°50.60′S and 170°43.82′E); and

      • (28) then proceeds in a straight line to the southern entrance of Papanui Inlet (at 45°50.88′S and 170°43.82′E); and

      • (29) then follows a line in a generally southerly direction by the mean high-water mark to the southernmost point of Hoopers Inlet west (at 45°52.87′S and 170°40.65′E); and

      • (30) then proceeds in a straight line to Hoopers Inlet east (at 45°52.78′S and 170°40.92′E); and

      • (31) then follows a line in a generally southerly direction by the mean high-water mark to the southernmost point of Taieri River south (at 46°03.37′S and 170°11.92′E); and

      • (32) then proceeds in a straight line to Taieri River north (at 46°03.08′S and 170°11.92′E); and

      • (33) then follows a line in a generally southerly direction by the mean high-water mark to the southernmost point of northern Catlins Lake (at 46°28.67′S and 169°43.13′E); and

      • (34) then proceeds in a straight line to southern Catlins Lake (at 46°29.18′S and 169°43.13′E); and

      • (35) then follows a line in a generally southerly direction by the mean high-water mark to the southernmost point of northern Fleming River (at 46°35.88′S and 169°25.57′E); and

      • (36) then proceeds in a straight line to southern Fleming River (at 46°36.03′S and 169°25.82′E); and

      • (37) then follows a line in a generally southerly direction by the mean high-water mark to the southernmost point of northern Waipati River mouth (at 46°37.13′S and 169°21.23′E); and

      • (38) then proceeds in a straight line to southern Waipati River mouth (at 46°37.29′S and 169°21.23′E); and

      • (39) then follows a line in a generally southerly direction by the mean high-water mark to the southernmost point of east Waikawa Harbour (at 46°38.09′S and 169°09.05′E); and

      • (40) then proceeds in a straight line to the west head of Waikawa Harbour (at 46°38.41′S and 169°08.31′E); and

      • (41) then follows a line in a generally southerly direction by the mean high-water mark to the southernmost point of the eastern side of Haldane Estuary (at 46°39.52′S and 169°02.37′E); and

      • (42) then proceeds in a straight line to the western side of Haldane Estuary (at 46°39.78′S and 169°01.43′E); and

      • (43) then follows a line in a generally southerly direction by the mean high-water mark to the southernmost point of Slope Point (at 46°40.50′S and 169°00.00′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.

    6EA Exemption from prohibition in regulation 6E
    • (1) Despite regulation 6E, a person may, during the period commencing on 1 April in each year and ending on 30 September in that year, use a flatfish set net in the waters described in subclause (2).

      (2) The waters referred to in subclause (1) are—

      • (a) inner Akaroa Harbour: that part of Akaroa Harbour lying within a straight line drawn between Ohae (at 43°48.14′S and 172°55.31′E) and Green Point (at 43°48.91′S and 172°56.94′E); and

      • (b) inner Lyttelton Harbour: that part of inner Lyttelton Harbour lying within a straight line drawn between Rapaki South (at 43°36.81′S and 172°40.35′E) to Quail Island North (at 43°37.37′S and 172°41.51′E) then in a south-easterly direction to Quail Island jetty (at 43°37.83′S and 172°41.99′E) then in a straight line to the western point of Hays Bay (at 43°38.14′S and 172°42.63′E); and

      • (c) inner Port Levy: that part of Port Levy lying within a straight line drawn between Kaitara Wharf (at 43°38.84′S and 172°49.19′E) and Puari Jetty (at 43°38.87′S and 172°50.19′E); and

      • (d) inner Pigeon Bay: that part of Pigeon Bay lying within a straight line drawn between a westerly point (at 43°40.13′S and 172°53.39′E) and an easterly point (at 43°40.18′S and 172°54.33′E).

      (3) Flatfish set net means a net that—

      • (a) is equal to or less than 9 meshes deep; and

      • (b) has a monofilament diameter equal to or less than 0.35 mm; and

      • (c) has a mesh size equal to or greater than 100 mm; and

      • (d) is anchored at each end; and

      • (e) does not exceed a total length of 60 m.

8 Offences and penalties
  • (1) Regulation 8(1) is amended by omitting 6E to 7 and substituting 6EA to 7.

    (2) Regulation 8(2) is amended by omitting regulation 3A(7) or regulation 7B(3) and substituting any of regulations 3A(7), 6E, or 7B(3).

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 (South-East Area Amateur Fishing) Regulations 1986.

The amendments—

  • introduce new measures that prohibit the use of set nets, with the exception of flatfish set nets during a specified period, in a certain defined area 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; and

  • make changes to the principal regulations that are consequential upon the introduction of the new measures.


Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 28 August 2008.


Reprints notes
1 General
  • This is a reprint of the Fisheries (South-East Area Amateur Fishing) Amendment Regulations (No 2) 2008 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status
  • Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes
4 Amendments incorporated in this reprint