Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2009

2009/103

Crest

Fisheries (South-East Area 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 (South-East Area Commercial Fishing) Amendment Regulations 2009.

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

3 Principal regulations amended
4 Set net soak times
5 Trawl net fishing prohibited in certain area from Clarence Point to Slope Point
  • (1) Regulation 5AAA(1) is amended by inserting the following paragraphs after paragraph (7):

    • (7A) then follows a line in a generally southerly direction by the mean high-water mark to the northern side of the estuary of the Heathcote and Avon Rivers Ihutai (at 43°33.69′S and 172°44.97′E); and

    • (7B) then proceeds in a straight line to the southern side of the estuary of the Heathcote and Avon Rivers Ihutai (at 43°33.84′S and 172°44.97′E); and.

    (2) Regulation 5AAA is amended by inserting the following subclause after subclause (1):

    • (1A) A commercial fisher must not use a trawl net for fishing in the waters of the estuary of the Heathcote and Avon Rivers Ihutai, which are all the waters lying within an area extending landward of a straight line joining the northern side of the estuary of the Heathcote and Avon Rivers Ihutai (at 43°33.69′S and 172°44.97′E) and the southern side of the estuary of the Heathcote and Avon Rivers Ihutai (at 43°33.84′S and 172°44.97′E).

    (3) Regulation 5AAA(2) is amended by—

    • (a) omitting a harbour entrance, or as the case may be,; and

    • (b) omitting harbours and.

6 Set net fishing prohibited in certain area from Clarence Point to Slope Point
  • (1) Regulation 5AAC(1) is amended by inserting the following paragraphs after paragraph (9):

    • (9A) then follows a line in a generally southerly direction by the mean high-water mark to the northern side of the estuary of the Heathcote and Avon Rivers Ihutai (at 43°33.69′S and 172°44.97′E); and

    • (9B) then proceeds in a straight line to the southern side of the estuary of the Heathcote and Avon Rivers Ihutai (at 43°33.84′S and 172°44.97′E); and.

    (2) Regulation 5AAC is amended by inserting the following subclause after subclause (1):

    • (1A) A commercial fisher must not use a set net for fishing in the waters of the estuary of the Heathcote and Avon Rivers Ihutai, which are all the waters lying within an area extending landward of a straight line joining the northern side of the estuary of the Heathcote and Avon Rivers Ihutai (at 43°33.69′S and 172°44.97′E) and the southern side of the estuary of the Heathcote and Avon Rivers Ihutai (at 43°33.84′S and 172°44.97′E).

    (3) Regulation 5AAC(2) is amended by—

    • (a) omitting a harbour entrance or, as the case may be,; and

    • (b) omitting harbours and.

7 Drag netting prohibited in Catlins River
  • Regulation 5A is amended by omitting dragnet and substituting drag net.

8 Regulation 10C revoked
9 Offences
  • (1) Regulation 12(1) is amended by—

    • (a) omitting the regulations and substituting regulations; and

    • (b) omitting 10C,.

    (2) Regulation 12(2) is amended by omitting 3C,.

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 (South-East Area Commercial Fishing) Regulations 1986 to—

  • clarify the area to which the prohibition on trawl net fishing in certain areas from Clarence Point to Slope Point applies (new regulation 5AAA(1)(7A) and (7B):

  • clarify that trawl net fishing is prohibited in the waters of the estuary of the Heathcote and Avon Rivers Ihutai (new regulation 5AAA(1A)):

  • omit the references to harbours from regulation 5AAA(2):

  • clarify the area to which the prohibition on set net fishing in certain areas from Clarence Point to Slope Point applies (new regulation 5AAC(1)(9A) and (9B)):

  • clarify that set net fishing is prohibited in the waters of the estuary of the Heathcote and Avon Rivers Ihutai (new regulation 5AAC(1A)):

  • omit the references to harbours from regulation 5AAC(2):

  • revoke regulation 10C, which relates to the marking of blue cod pots and fish holding pots:

  • amend the offence provision (regulation 12) to omit the references to regulation 3C, which is a spent provision that prohibited set netting at the southern end of Moeraki Peninsula, and regulation 10C:

  • correct spelling and grammatical errors.


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.