Fisheries (Infringement Offences) Amendment Regulations 2009

2009/95

Crest

Fisheries (Infringement Offences) 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 (Infringement Offences) Amendment Regulations 2009.

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

3 Principal regulations amended
4 Schedule 1 amended

Schedule 1
New items relating to Fisheries (Amateur Fishing) Regulations 1986 substituted in Schedule 1

r 4(1)

Provision Description of offence Fee
($)
r 6(1) Using a net with undersized mesh 250
r 6(2) Taking or possessing undersized fish 250
r 6A(2) Taking or possessing more than the daily limit of eels, but not more than 2 times the daily limit 250
r 6A(2) Taking or possessing more than 2 times the daily limit of eels, but not more than 3 times the daily limit 500
r 7(1) Setting or using a net that is not properly marked 250
r 7(2) Setting or using a fyke net that is not properly marked 250
r 8 Hauling a net, etc, other than by hand 250
r 9(1) Using or setting a net that, either by itself or together with any other net, extends more than one-quarter across the width of any river, stream, or channel (as measured in accordance with the regulations) 250
r 9(2) Using or setting a net that, either by itself or together with or in conjunction with any other net, wing, or leader, extends more than one-quarter of the width of any arm of the sea, including any estuary, inlet, bay, or sound (as measured in accordance with the regulations) 250
r 10 Setting a net in a way that causes stalling or allows stalling to occur 250
r 11 Erecting a pole or stake in conjunction with a fishing net 250
r 12 Using a set net contrary to the regulations, etc 250
r 13 Setting, using, or possessing a drag net contrary to the regulations 250
r 14 Setting, using, or possessing a fyke net or Hinaki trap contrary to the regulations 250
r 15 Line fishing contrary to the regulations 250
r 15A Using or possessing pots without required markings 250
r 15B(2)(a)(i) Using, setting, or possessing 4 pots in New Zealand fisheries waters 250
r 15B(2)(a)(ii) Using, setting, or possessing 5 or 6 pots in New Zealand fisheries waters 500
r 15B(3)(a)(i) Using, setting, or possessing on or from a vessel more than 6 pots, but not more than 9 pots in New Zealand fisheries waters 250
r 15B(3)(a)(ii) Using, setting, or possessing on or from a vessel more than 9 pots, but not more than 12 pots in New Zealand fisheries waters 500
r 16(1) Possessing a live brown bullhead catfish 500
r 16(2) Taking a live brown bullhead catfish without killing it immediately 500
r 17(1), (2), (3), or (4) Using fishing gear in taking quinnat salmon, etc, contrary to the regulations 250
r 17(5A) Taking or possessing more than the daily limit of quinnat salmon, but not more than 2 times the daily limit 250
r 17(5A) Taking or possessing more than 2 times the daily limit of quinnat salmon, but not more than 3 times the daily limit 500
r 19(2) Taking or possessing more than the daily limit of shellfish, but not more than 2 times the daily limit 250
r 19(2) Taking or possessing more than 2 times the daily limit of shellfish, but not more than 3 times the daily limit 500
r 19(4) Taking or possessing undersized shellfish 250
r 19(5) Taking or possessing undersized dredge oysters 250
r 20 Taking unmeasurable shellfish 250
r 21 Using underwater breathing apparatus for taking paua contrary to the regulations 250
r 22(2) Taking, possessing, or disturbing up to 50 toheroa 500
r 23 Opening, taking, or possessing oysters contrary to the regulations 250
r 24 Taking or possessing scallops contrary to the regulations 250
r 25(1), (2), or (3) Taking or possessing rock lobster, etc, contrary to the regulations 250
r 25(1B) Taking or possessing more than the daily limit of rock lobsters, but not more than 2 times the daily limit 250
r 25(1B) Taking or possessing more than 2 times the daily limit of rock lobsters, but not more than 3 times the daily limit 500
r 25B Using rock lobster pots without correct apertures, etc 250
r 25C Using or possessing pots to take octopus without latches or similar devices 250
     

Schedule 2
New item inserted in Schedule 1 relating to Fisheries (Auckland and Kermadec Areas Amateur Fishing) Regulations 1986

r 4(2)

Provision Description of offence Fee
($)
r 3D Taking or possessing undersized blue cod 250

Schedule 3
New items relating to Fisheries (Reporting) Regulations 2001 substituted in Schedule 1

r 4(3)

Provision Description of offence Fee
($)
r 11C(4) In the case of a lining trip catch effort return due not later than the 15th day of the month, providing the return between the 21st of that month and the 15th day of the following month (both days inclusive) 750
r 11D(3) In the case of a trawl catch effort return due not later than the 15th day of the month, providing the return between the 21st of that month and the 15th day of the following month (both days inclusive) 750

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 (Infringement Offences) Regulations 2001 by—

  • substituting new items relating to the Fisheries (Amateur Fishing) Regulations 1986 to reflect the reorganisation of certain provisions relating to pots in those regulations (previously regulation 25C and now regulation 15B), the decrease of the infringement fees relating to possessing or taking live brown bullhead catfish from $750 to $500, and the revocation of the infringement offence relating to using underwater breathing apparatus while taking mussels because the prohibition on this activity was previously revoked by the Fisheries (Amateur Fishing) Amendment Regulations 2005:

  • prescribing a new infringement offence for the purposes of regulation 3D of the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Regulations 1986, which relates to taking or possessing undersized blue cod:

  • substituting new items to correct mistakes in the table relating to the Fisheries (Reporting) Regulations 2001:

  • omitting the infringement offence relating to regulation 6E of the Fisheries (South-East Area Amateur Fishing) Regulations 1986, which relates to set netting at the southern end of Moeraki Peninsula, because the offence is inconsistent with current provisions of those regulations.


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.