Fisheries (Southland and Sub-Antarctic Areas Amateur Fishing) Amendment Regulations (No 3) 2009

  • revoked
  • Fisheries (Southland and Sub-Antarctic Areas Amateur Fishing) Amendment Regulations (No 3) 2009: revoked, on 1 February 2014, pursuant to regulation 161(1)(f) of the Fisheries (Amateur Fishing) Regulations 2013 (SR 2013/482).

Reprint
as at 1 February 2014

Coat of Arms of New Zealand

Fisheries (Southland and Sub-Antarctic Areas Amateur Fishing) Amendment Regulations (No 3) 2009

(SR 2009/251)

Anand Satyanand, Governor-General

Order in Council

At Wellington this 24th day of August 2009

Present:
His Excellency the Governor-General in Council

  • Fisheries (Southland and Sub-Antarctic Areas Amateur Fishing) Amendment Regulations (No 3) 2009: revoked, on 1 February 2014, pursuant to regulation 161(1)(f) 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 (Southland and Sub-Antarctic Areas Amateur Fishing) Amendment Regulations (No 3) 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 definitions in their 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

    rock lobster holding pot means a pot or cage that is used, or is capable of being used, for holding or storing rock lobster, but excludes any pot or cage that is capable of catching rock lobster.

    (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 4AAB substituted
  • Regulation 4AAB is revoked and the following regulation substituted:

    4AAB Other restrictions relating to Fiordland (Te Moana o Atawhenua) Marine Area, including internal waters of Fiordland
    • (1) A person in charge of a vessel within the Fiordland (Te Moana o Atawhenua) Marine Area must ensure that—

      • (a) not more than 2 dahn lines are possessed on, or used or set from, that vessel on any day; and

      • (b) no dahn line possessed on, or used or set from, that vessel has more than 5 hooks attached; and

      • (c) not more than 3 rock lobster pots capable of being used to take rock lobster are possessed on, or used or set from, that vessel on any day; and

      • (d) if there are 2 or more people on that vessel on any day, not more than 2 rock lobster holding pots are possessed, or used, on or from that vessel on that day; and

      • (e) if there is only 1 person on the vessel on any day, not more than 1 rock lobster holding pot is possessed, or used, on or from that vessel on that day; and

      • (f) no dredge or set net is possessed on, or used or set from, that vessel at any time.

      (2) No person may—

      • (a) use or set a blue cod pot within the internal waters of Fiordland; or

      • (b) on any day possess, use, or set more than 3 rock lobster pots capable of being used to take rock lobster within the Fiordland (Te Moana o Atawhenua) Marine Area; or

      • (c) on any day possess or use more than 1 rock lobster holding pot within the Fiordland (Te Moana o Atawhenua) Marine Area.

      (3) A person contravenes this subclause if the person fails to comply with the limits or prohibitions specified in subclause (1) or (2).

      (4) Despite regulation 15A of the Fisheries (Amateur Fishing) Regulations 1986, no person may use, set, possess, or have on board any vessel or vehicle any rock lobster holding pot within the Fiordland (Te Moana o Atawhenua) Marine Area unless the rock lobster holding pot and the buoy or float attached to the rock lobster holding pot or float line are clearly and permanently marked,—

      • (a) in the case of a rock lobster holding pot used from or transported on a vessel, with the name of the vessel from which it is used or transported, and the characters HP1 for the first rock lobster holding pot and, if applicable, HP2 for the second rock lobster holding pot:

      • (b) in the case of a rock lobster holding pot not used from or transported on a vessel, with the person’s surname and initials, and the characters HP.

      (5) Despite regulation 25B of the Fisheries (Amateur Fishing) Regulations 1986 but subject to subclauses (1), (2), and (4) of this regulation, a person may use or possess a rock lobster holding pot without the escape apertures prescribed for rock lobster pots in that regulation within the Fiordland (Te Moana o Atawhenua) Marine Area.

6 Offences and penalties
  • Regulation 7(1) is amended by omitting 4AAB(3) and substituting 4AAB(3) or (4).

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 (Southland and Sub-Antarctic Areas Amateur Fishing) Regulations 1991. The amendments add the definitions of loop and rock lobster holding pot, replace the definition of rock lobster pot, and replace regulation 4AAB, which concerns other restrictions relating to the Fiordland (Te Moana o Atawhenua) Marine Area, including internal waters of Fiordland. Consequential amendments appear in the Fisheries (Infringement Offences) Amendment Regulations (No 3) 2009.


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

Date of notification in Gazette: 27 August 2009.


Reprints notes
1 General
  • This is a reprint of the Fisheries (Southland and Sub-Antarctic Areas Amateur Fishing) Amendment Regulations (No 3) 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