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

2008/277

Crest

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

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

3 Principal regulations amended
4 Interpretation
  • Regulation 2(1) is amended by inserting the following definitions in their appropriate alphabetical order:

    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

    low headline height trawl net means a trawl net that—

    • (a) has been manufactured or modified with the intention of having a net opening with a vertical height of no more than 1 m; and

    • (b) is fitted with a device (for example, a spreader bar, rope, or wire) that is no more than 1 m long on the wing-end to constrain the wing-end height to below 1 m; and

    • (c) has buoyancy on the headline that does not exceed 60 kg.

5 Regulation 3C revoked
6 Certain fishing methods prohibited in defined areas
  • (1) Regulation 3D is amended by omitting , or set nets of a total length in excess of 1 000 m,.

    (2) Regulation 3D is amended by inserting the following subclause after subclause (1):

    • (1A) A commercial fisher must not use set nets of a total length in excess of 1 000 m in the waters referred to in subclause (1)(e).

7 Set net soak times
  • (1) Regulation 3E(1) is amended by omitting of these regulations and substituting and to subclauses (4) and (5).

    (2) Regulation 3E is amended by adding the following subclauses:

    • (4) This regulation applies only to the waters described in subclause (3) that are not contained within the area defined in regulation 5AAC.

    • (5) However, this regulation also applies to the waters contained within the area defined in regulation 5AAC, but only—

      • (a) during the period commencing on 1 April in each year and ending on 30 September in that year; and

      • (b) if a flatfish set net is used.

8 Unattended set nets in East Otago taiapure
  • Regulation 3F 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 an area defined in regulation 5AAC.

9 Prohibition on trawling or set netting in certain areas
10 New regulations 5AAA to 5AAD inserted
  • The following regulations are inserted after regulation 5:

    5AAA Trawl net fishing prohibited in certain area from Clarence Point to Slope Point
    • (1) A commercial fisher must not use a trawl net for fishing in the waters lying within 2 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 the southernmost point of the north bank 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 bank 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 bank of the Hurunui River mouth (at 42°45.07′S and 173°17.67′E); and

      • (5) then proceeds in a straight line to the south bank 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 southernmost point of the north bank of the Waimakariri River mouth (at 43°23.29′S and 172°42.54′E); and

      • (7) then proceeds in a straight line to the south bank of the Waimakariri River mouth (at 43°23.50′S and 172°42.54′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 bank of the Waitaki River mouth (at 44°55.50′S and 171°09.00′E); and

      • (9) then proceeds in a straight line to the south bank of the Waitaki River mouth (at 44°57.60′S and 171°07.70′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 bank of the Shag River south head (at 45°28.83′S and 170°49.03′E); and

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

      • (12) 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 Pleasant River north head (at 45°34.00′S and 170°43.67′E); and

      • (13) then proceeds in a straight line to the Pleasant River south head (at 45°34.20′S and 170°43.67′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 the Waikouaiti River (at 45°38.39′S and 170°39.71′E); and

      • (15) then proceeds in a straight line to the south head of the Waikouaiti River (at 45°38.48′S and 170°39.71′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 bank of Blueskin Bay–Warrington Spit (at 45°43.73′S and 170°36.00′E); and

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

      • (18) 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 Taiaroa Head (at 45°46.35′S and 170°43.70′E); and

      • (19) then proceeds in a straight line to the northeastern End of Mole Otago Harbour (at 45°46.24′S and 170°43.20′E); and

      • (20) 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 northern entrance of Papanui Inlet (at 45°50.60′S and 170°43.82′E); and

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

      • (22) 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 Hoopers Inlet west (at 45°52.87′S and 170°40.65′E); and

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

      • (24) 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 Taieri River south (at 46°03.37′S and 170°11.92′E); and

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

      • (26) 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 northern Catlins Lake (at 46°28.67′S and 169°43.13′E); and

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

      • (28) 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 Fleming River (at 46°35.88′S and 169°25.57′E); and

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

      • (30) 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 Waipati River mouth ( at 46°37.13′S and 169°21.23′E); and

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

      • (32) 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 east Waikawa Harbour (at 46°38.09′S and 169°09.05′E); and

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

      • (34) 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 eastern side of Haldane Estuary (at 46°39.52′S and 169°02.37′E); and

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

      • (36) then follows a line in a generally southerly direction by the mean high-water mark to the southernmost point of the north bank 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.

      (3) This regulation is subject to regulation 5AAB.

    5AAB Exemption from prohibition in regulation 5AAA
    • Despite regulation 5AAA, a commercial fisher may use a low headline-height trawl net in the area defined in that regulation.

    5AAC Set net fishing prohibited in certain area from Clarence Point to Slope 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—

      • (1) extends from Clarence Point (at 42°10.00′S and 173°59.00′E); and

      • (2) then proceeds in a southerly direction by the mean high-water mark to the southernmost point of the north bank 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 bank of the Waiau River mouth (at 42°47.08′S and 173°22.33′E); and

      • (4) then proceeds in a southerly direction by the mean high-water mark to the southernmost point of the north bank 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 bank of the Hurunui River mouth (at 42°54.75′S and 173°16.82′E); and

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

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

      • (10) then follows in a southerly direction by the mean high-water mark to the southernmost point of the north bank 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 bank of the Waitaki River mouth (at 44°57.60′S and 171°07.70′E); and

      • (12) then proceeds in a southerly direction by the mean high-water mark to the north head of the Shag River (at 45°28.72′S and 170°49.01′E); and

      • (13) then follows a straight line to the southernmost point of the south head of the Shag River (at 45°28.83′S and 170°49.03′E); and

      • (14) then proceeds in a southerly direction by the mean high-water mark to the southernmost point of the north head of the 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 the Pleasant River (at 45°34.20′S and 170°43.67′E); and

      • (16) then proceeds in a southerly direction by the mean high-water mark to the southernmost point of the north head of the 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 the Waikouaiti River (at 45°38.48′S and 170°39.71′E); and

      • (18) then proceeds in a 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 proceeds in a 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 southerly direction along the mean high-water mark to the north eastern end of the Otago Harbour mole (at 45°46.24′S and 170°43.20′E); and

      • (23) then proceeds in a straight line to a point (at 45°46.32′S and 170°43.754′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°43.51′E); and

      • (27) then proceeds in a 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 proceeds in a southerly direction along the mean high-water mark to the east of Hoopers Inlet (at 45°52.78′S and 170°40.92′E); and

      • (30) then proceeds in a straight line to the southernmost point of the west of Hoopers Inlet (at 45°52.87′S and 170°40.65′E); and

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

      • (32) then proceeds in a southerly direction by the mean high-water mark to the southernmost point of the Taieri River south bank (at 46°03.37′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 the northern bank of Catlins Lake (at 46°28.67′S and 169°43.13′E); and

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

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

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

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

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

      • (39) then proceeds in a southerly direction by the mean high-water mark to the southernmost point of the east head of 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 the Waikawa Harbour (at 46°38.41′S and 169°08.31′E); and

      • (41) then proceeds in a southerly direction by the mean high-water mark to the southernmost point of the eastern side of the 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 proceeds in a 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); and

      • (44) then proceeds 4 nautical miles in a southeasterly direction along the South-East Fishery Management Area boundary from Slope Point (at 46°44.36′S and 169°03.57′E); and

      • (45) then proceeds in a northerly direction at a distance of 4 nautical miles from the mean high-water mark to a point (at 42°42.00′S and 173°31.12′E); and

      • (46) then proceeds in a northerly direction to a point (at 42°29.02′S and 173°33.50′E); and

      • (47) then proceeds in a north-easterly direction to a point (at 42°26.49′S and 173°37.28′E); and

      • (48) then proceeds in a south-easterly direction to a point (at 42°27.56′S and 173°44.10′E); and

      • (49) then proceeds in a straight line to a point 4 nautical miles east of Clarence Point (at 42°10.00′S and 174°01.74′E); and

      • (50) then proceeds to the point of commencement at Clarence Point (at 42°10.00′S and 173°59.00′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.

      (3) This regulation is subject to regulation 5AAD.

    5AAD Exemption from prohibition in regulation 5AAC
    • (1) Despite regulation 5AAC, a commercial fisher 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 the Akaroa Harbour lying within a straight line drawn between Ohae Cliff (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 the 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 Hays Bay Western Point (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).

11 Offences
  • (1) Regulation 12(1) is amended by inserting 5AAD, after 4B(4).

    (2) Regulation 12(2) is amended by omitting 5 to 5B and substituting 5, 5AAA, 5AAC, 5A, 5B.

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 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; and

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