Fisheries (Commercial Fishing) Amendment Regulations 2009

2009/94

Crest

Fisheries (Commercial Fishing) Amendment Regulations 2009

Anand Satyanand, Governor-General

Order in Council

At Wellington this 20th day of April 2009 

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 (Commercial Fishing) Amendment Regulations 2009.

2 Commencement
  • These regulations come into force on 1 June 2009.

3 Principal regulations amended
4 Method of measurement of spiny rock lobster tail
  • Regulation 38(2)(a) is amended by omitting acccordance and substituting accordance.

5 Use of fyke nets to take eels in South Island fisheries waters
  • Regulation 52(1) is amended by omitting 51, 55, and substituting 55.

6 New regulation 56 substituted
  • Regulation 56 is revoked and the following regulation substituted:

    56 Pots
    • (1) Commercial fishers must not use for fishing, or have on board a fishing vessel, pots (including holding pots) without their own surface buoys or floats.

      (2) Each pot and surface buoy or float must be clearly, permanently, and legibly marked with the registration number of the vessel from which it is set or transported.

7 Tubes must be incorporated in fyke nets
8 New heading substituted
  • The heading above regulation 79 is revoked and the following heading substituted:

    Pots.

9 Apertures required in rock lobster pots
  • Regulation 79 is amended by adding the following subclause:

    • (7) To avoid doubt, this regulation does not prohibit the use or possession of pots without apertures for taking species other than rock lobster.

10 New regulation 79A inserted
  • The following regulation is inserted after regulation 79:

    79A Requirements for pots used for taking blue cod or octopus
    • (1) Commercial fishers must not use or have on board a fishing vessel any pot used to take blue cod unless the pot is constructed entirely of square steel mesh with inside dimensions of no less than 48 mm in width.

      (2) Commercial fishers must not use or have on board a fishing vessel any pot used to take octopus unless the entrance to the pot is covered and secured by a latch or similar device so that an octopus must force its way into the pot.

11 Offences
  • (1) Regulation 84(2) is amended by omitting 49,.

    (2) Regulation 84(3) is amended by omitting or 79(1) to (4) and substituting 79(1) to (4), or 79A.

12 Schedule 2 amended
  • (1) Clauses 13 and 14 of Schedule 2 are revoked and the following clause is substituted:

    13 Supervision by observers
    • A fee of $571.65 (excluding GST) per observer, per day or part of a day, is payable by the vessel operator for the supervision by observers of the following:

      • (a) conversion factors

      • (b) transhipments. If more than 1 person is liable to pay a fee under this clause in respect of the period during which an observer is on board a vessel, the chief executive may divide the total fee payable between those persons on a proportionate basis, having regard to the percentage of total transhipment hours taken up by each relevant transhipment

      • (c) in port unloads

      • (d) high-risk and medium-risk foreign charter vessels

      • (e) vessels fishing under special permits issued under section 97 of the Fisheries Act 1996

      • (f) vessels fishing under high seas fishing permits issued under Part 6A of the Fisheries Act 1996

      • (g) vessels in benthic protection areas as defined in the Fisheries (Benthic Protection Areas) Regulations 2007

      • (h) vessels where observer supervision has been requested by the owner or operator of a vessel.

    (2) Clause 15 of Schedule 2 is amended by omitting 22.50 and substituting 28.

Michael Webster,
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 1 June 2009, amend the Fisheries (Commercial Fishing) Regulations 2001 by—

  • amending regulation 38(2)(a) to correct a spelling mistake:

  • consequentially amending regulation 52(1) to omit the reference to regulation 51 (previously revoked):

  • substituting new regulation 56 to prescribe new requirements relating to pots used for taking species:

  • consequentially amending regulation 75 to omit the reference to regulation 51:

  • adding new subclause (7) to regulation 79 (which relates to the apertures required in rock lobster pots) to clarify that regulation 79 does not prohibit the use or possession of pots without apertures for taking species other than rock lobster:

  • inserting new regulation 79A, which prescribes the requirements of pots used for taking blue cod or octopus:

  • consequentially amending regulation 84(2) and (3) (which relate to offences) to omit the reference to regulation 49 (previously revoked) and insert a reference to new regulation 79A:

  • amending Schedule 2 (which relates to fees) to revoke the fees relating to the supervision of conversion factors (clause 13) and the supervision of transhipments (clause 14), insert a new flat fee relating to the supervision of various matters by observers, and increase the fee relating to the supervision of dumping at sea from $22.50 to $28.


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

Date of notification in Gazette: 23 April 2009.

These regulations are administered by the Ministry of Fisheries.