2009/241

# Fisheries (Central Area Commercial Fishing) Amendment Regulations (No 2) 2009

Anand Satyanand, Governor-General

## Order in Council

At Wellington this 24th day of August 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.

## Contents

## Regulations

##### 1 Title

These regulations are the Fisheries (Central Area Commercial Fishing) Amendment Regulations (No 2) 2009.

##### 2 Commencement

These regulations come into force on 1 October 2009.

##### 3 Principal regulations amended

These regulations amend the Fisheries (Central Area Commercial Fishing) Regulations 1986.

##### 4 All fishing methods prohibited in certain waters

(1) Regulation 3(1)(a) is amended by omitting

“39°05.26′S and 177°57.25′E”

and substituting“39°05.37′S and 177°57.45′E”

.(2) Regulation 3(1)(b) is amended by omitting

“39°06.15′S and 177°59.42′E”

and substituting“39°06.16′S and 177°59.72′E”

.(3) Regulation 3(1)(c) is amended by omitting

“39°07.10′S and 177°51.13′E”

and substituting“39°07.12′S and 177°51.20′E”

.(4) Regulation 3(1)(d) is amended by omitting

“39°44.8′S and 177°0.6′E”

and substituting“39°44.66′S and 177°00.64′E”

.

##### 5 Trawling and Danish seining prohibited

(1) Regulation 4(a) is amended by omitting

“39°18.1′S and 176°58.6′'E”

and substituting“39°18.05′S and 176°58.54′E”

.(2) Regulation 4(b) is amended by omitting

“39°27.02′S and 176°52.4′E”

and substituting“39°27.02′S and 176°52.29′E”

.(3) Regulation 4(f) is amended by—

(a) omitting

“beginning at the mean high-water mark at Pitikirua Point (at approximately 37°32.6′S and 178°4.8′E)”

and substituting“commencing at the mean high-water mark at Potikirua Point at 37°32.53′S and 178°04.91′E”

:

(b) omitting

“at approximately 37°32.3′S”

and substituting“at 37°32.3′S”

:

(c) omitting

“at Pitikirua Point (at approximately 37°32.6′S and 178°4.8′E)”

.

##### 6 Pair trawling prohibited from Cape Runaway to Castlepoint

Regulation 5 is amended by—

(a) omitting

“37°32.3′S and 177°59.4′E”

and substituting“37°32.30′S and 177°59.00′E”

:

(b) omitting

“40°54.01′S and 176°13.3′E”

and substituting“40°54.02′S and 176°13.88′E”

.

##### 7 Trawling prohibited in certain waters

(1) Regulation 6(a) is amended by omitting

“41°20.8′S and 174°49.23′E”

and substituting“41°20.68′S and 174°49.27′E”

.(2) Regulation 6(b) is amended by omitting

“41°3.97′S and 174°50.25′E”

and substituting“41°03.88′S and 174°50.46′E”

.(3) Regulation 6(c) is amended by omitting

“174°35′E and 38°49′S”

and substituting“38°48.98′S and 174°35.23′E”

.

##### 8 Trawling by vessels over 46 m long prohibited in certain waters

Regulation 6A(a) is amended by omitting

“41°37′S and 175°17′E”

and substituting“41°36.73′S and 175°16.44′E”

.

##### 9 Trawling prohibited from Tirua Point to Pariokariwa Point

(1) Regulation 6C(1)(a) is amended by omitting

“38°23.22′S and 174°38.04′E”

and substituting“38°23.22′S and 174°38.06′E”

.(2) Regulation 6C(1)(g) is amended by omitting

“38°23.22′S and 174°38.04′E”

and substituting“38°23.22′S and 174°38.06′E”

.

##### 10 Danish seining prohibited around lower North Island

Regulation 7 is amended by omitting

“37°32.3′S and 177°59.4′E”

and substituting“37°32.30′S and 177°59.00′E”

.

##### 11 Set netting prohibited within 2 miles of Cape Runaway coast

Regulation 7C is amended by—

(a) omitting

“beginning at the mean high-water mark at Pitikirua Point (at approximately 37°32.6′S and 178°4.8′E)”

and substituting“commencing at the mean high-water mark at Potikirua Point (at 37°32.53′S and 178°04.91′E)”

:

(b) omitting

“commencement at Pitikirua Point (at approximately 37°32.6′S and 178°4.8′E)”

and substituting“commencement”

.

##### 12 Set netting prohibited from Tirua Point to Pariokariwa Point

(1) Regulation 7D(1)(a) is amended by omitting

“38°23.22′S and 174°38.04′E”

and substituting“38°23.22′S and 174°38.06′E”

.(2) Regulation 7D(1)(g) is amended by omitting

“38°23.22′S and 174°38.04′E”

and substituting“38°23.22′S and 174°38.06′E”

.

##### 13 Netting prohibited in Wellington Harbour

(1) Regulation 9(2) is amended by—

(a) omitting

“41°14.87′S and 174°53.92′E”

and substituting“41°14.75′S and 174°53.97′E”

:

(b) omitting

“41°15.82′S and 174°51.98′E”

and substituting“41°15.70′S and 174°51.96′E”

.

(2) Regulation 9(3) is amended by—

(a) omitting

“41°20.80′S and 174°49.30′E”

and substituting“41°20.68′S and 174°49.27′E”

:

(b) omitting

“41°21.68′S and 174°50.90′E”

and substituting“41°21.57′S and 174°50.95′E”

.

##### 14 Certain fishing prohibited in Porirua Harbour

Regulation 9A(1) is amended by omitting

“41°05.10′S and 174°51.70′E”

and substituting“41°04.98′S and 174°51.85′E”

.

##### 15 New regulation 9B inserted

The following regulation is inserted after regulation 9A:

##### “9B All fishing methods except hand-held line prohibited within Pukerua Bay

“(1) No commercial fisher may take fish, aquatic life, or seaweed from Pukerua Bay, except by the method of a hand-held line.

“(2) In this regulation, Pukerua Bay means waters within a line that—

“(a) commences at a point on the coastline east of Wairaka Point at 41°01.84′S and 174°52.26′E; and

“(b) then proceeds north to a prominent rock at 41°01.68′S and 174°52.26′E; and

“(c) then proceeds generally northeast to a point on the coastline at 41°00.94′S and 174°54.96′E; and

“(d) then proceeds generally southwest following the coastline to the point of commencement.”

##### 16 Taking paua and mussels prohibited from Cape Runaway to Blackhead Lighthouse

Regulation 10 is amended by omitting

“37°32.3′S and 177°59.4′E”

and substituting“37°32.30′S and 177°59.00′E”

.

##### 17 Taking of finfish from Wairoa Hard prohibited

Regulation 11 is amended by—

(a) omitting

“39°14.9′S and 177°01.4′E”

and substituting“39°14.75′S and 177°01.32′E”

:

(b) omitting

“39°05.7′S and 177°17.1′E”

and substituting“39°05.51′S and 177°17.60′E”

:

(c) omitting

“39°07.04′S and 177°11.02′E”

and substituting“39°07.22′S and 177°11.03′E”

.

##### 18 Shellfish prohibitions

(1) Regulation 12(1) is amended by—

(a) omitting

“Paretu”

in each place where it appears and substituting in each case“Paritu”

:

(b) omitting

“38°57.05′S and 177°54.2′E”

and substituting“38°56.90′S and 177°54.23′E”

.

(2) Regulation 12(2) is amended by omitting

“41°20.8′S and 174°49.23′E”

and substituting“41°20.68′S and 174°49.27′E”

.(3) Regulation 12(3) is amended by omitting

“38°23.5′S and 174°38′E”

and substituting“38°23.22′S and 174°38.06′E”

.(4) Regulation 12(4) is amended by omitting

“41°26.4′S and 174°55′E”

and substituting“41°25.93′S and 174°55.10′E”

.

##### 19 Taking of Kina prohibited in Wellington area

(1) Regulation 13(a) is amended by omitting

“41°03.0′S and 174°50.70′E”

and substituting“41°03.88′S and 174°50.46′E”

.(2) Regulation 13(b) is amended by—

(a) omitting

“41°03.0′S and 174°50.70′E”

and substituting“41°03.88′S and 174°50.46′E”

:

(b) omitting

“41°07.90′S and 174°47.30′E”

and substituting“41°07.77′S and 174°47.35′E”

.

##### 20 Taking seaweed prohibited in certain areas

(1) Regulation 13A(1)(a) is amended by omitting

“30°38.6′S and 177°42.1′E”

and substituting“39°38.59′S and 177°05.73′E”

.(2) Regulation 13A(1)(e) is amended by omitting

“40°54.7′S and 176°13.4′E”

and substituting“40°54.02′S and 176°13.88′E”

.(3) Regulation 13A(1)(f) is amended by omitting

“41°36.9′S and 175°17.3′E”

and substituting“41°36.80′S and 175°17.40′E”

.

##### 21 Restrictions on fishing around Sugar Loaf Islands

Regulation 14(5)(a) is amended by—

(a) omitting

“39°04′19.7′′S and 174°01.10.85′′E”

and substituting“39°04.22′S and 174°01.19′E”

:

(b) omitting

“39°03′56.37′′S and 173°59′57.10′′E”

and substituting“39°03.83′S and 173°59.96′E”

:

(c) omitting

“39°03′29.34′′S and 174°00′11.21′′E”

and substituting“39°03.38′S and 174°00.20′E”

:

(d) omitting

“39°03′10.69′′S and 173°59′42.41′′E”

and substituting“39°03.07′S and 173°59.72′E”

:

(e) omitting

“39°02′31.90′′S and 174°00′23.72′′E”

and substituting“39°02.43′S and 174°00.41′E”

:

(f) omitting

“39°02′50.54′′S and 174°00′52.51′′E”

and substituting“39°02.74′S and 174°00.89′E”

:

(g) omitting

“39°02′28.42′′S and 174°01′16.93′′E”

and substituting“39°02.37′S and 174°01.29′E”

:

(h) omitting

“39°03′24.15′′S and 174°02′39.98′′E”

and substituting“39°03.30′S and 174°02.68′E”

.

##### 22 Kina season and quotas

Regulation 14B(4) is amended by omitting

“Waipuku Stream (at 39°44.0′S and 177°0.6′E)”

and substituting“Waipuka Stream (at 39°44.66′S and 177°00.64′E)”

.

##### 23 Offences

Regulation 16(2) is amended by inserting

“9B,”

after“9A,”

.

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 correct co-ordinates and geographical terms in the Fisheries (Central Area Commercial Fishing) Regulations 1986. They come into force on 1 October 2009.

Date of notification in *Gazette*: 27 August 2009.

These regulations are administered by the Ministry of Fisheries.