Fisheries (Amateur Fishing) Amendment Regulations (No 2) 2009

  • revoked
  • Fisheries (Amateur Fishing) Amendment Regulations (No 2) 2009: revoked, on 1 February 2014, pursuant to regulation 161(1)(a) of the Fisheries (Amateur Fishing) Regulations 2013 (SR 2013/482).

Reprint
as at 1 February 2014

Coat of Arms of New Zealand

Fisheries (Amateur Fishing) Amendment Regulations (No 2) 2009

(SR 2009/239)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 24th day of August 2009

Present:
His Excellency the Governor-General in Council

  • Fisheries (Amateur Fishing) Amendment Regulations (No 2) 2009: revoked, on 1 February 2014, pursuant to regulation 161(1)(a) 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 (Amateur Fishing) Amendment Regulations (No 2) 2009.

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

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

    loop means a snare, lasso, or noose attached to a length of tubing that is used to take fish by being placed over the fish and being drawn tight.

    (2) Regulation 3 is amended by revoking the definition of rock lobster pot and substituting the following definition:

    rock lobster pot means any pot, whether baited or not, that is capable of catching or holding rock lobsters; and includes any other device capable of catching, holding, or storing rock lobsters except a loop, bob, or ring pot.

5 New regulation 19B inserted
  • The following regulation is inserted after regulation 19A:

    19B Accumulation limit for paua
    • (1) This regulation applies to a person if the person has—

      • (a) accumulated paua over a period exceeding 1 day; and

      • (b) breached the daily limit specified for paua in regulation 19(1); and

      • (c) established the defence specified in regulation 29(3).

      (2) If this regulation applies, then the maximum number or amount of paua that may be possessed by the person on any day is—

      • (a) 20 paua; or

      • (b) if the number of paua cannot be determined, the amount of paua that comprises a shucked weight (being the weight of the paua remaining when the shell has been removed and discarded) of 2.5 kilograms of paua.

      (3) A person contravenes this subclause if the person, on any day, possesses more than the limit of paua specified in subclause (2), but not more than 3 times that limit.

      (4) A person contravenes this subclause if the person, on any day, possesses more than 3 times the limit of paua specified in subclause (2).

6 Apertures to be incorporated in rock lobster pots
7 New regulation 25BA inserted
  • The following regulation is inserted after regulation 25B:

    25BA Prohibited use of specified loops to take rock lobster
    • (1) No person may take rock lobster with a loop that is—

      • (a) drawn tight by springs or any other trigger mechanism; or

      • (b) constructed in a way that, if used, is likely to puncture, penetrate, cut, or otherwise damage the tail or carapace of a rock lobster.

      (2) No person may—

      • (a) use, while taking rock lobster, a loop of a type specified in subclause (1):

      • (b) possess any rock lobster while in possession of a loop of a type specified in subclause (1):

      • (c) have any rock lobster in or on a conveyance in or on which there is a loop of a type specified in subclause (1):

      • (d) possess any rock lobster that the person knows has been taken by using a loop of a type specified in subclause (1).

8 Offences and penalties
  • (1) Regulation 29(1) is amended by inserting 19B(3), after 19(2), (4), or (5),.

    (2) Regulation 29(1) is amended by inserting 25BA, after 25B,.

    (3) Regulation 29(2) is amended by inserting 19B(4), after 19(3),.

    (4) Regulation 29 is amended by adding the following subclause:

    • (5) The defence specified in subclause (3) is not available to a person who breaches the accumulation limit for paua specified in regulation 19B(2).

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 2009, amend the Fisheries (Amateur Fishing) Regulations 1986. The amendments add the definition of loop, replace the definition of rock lobster pot, and prohibit the use of specified types of loops. The amendments also insert new regulation 19B, which concerns the possession of an amount of paua that exceeds specified limits. Consequential amendments appear in the Fisheries (Infringement Offences) Amendment Regulations (No 3) 2009.


Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 27 August 2009.


Reprints notes
1 General
  • This is a reprint of the Fisheries (Amateur Fishing) Amendment Regulations (No 2) 2009 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