Fisheries (South-East Area Amateur Fishing) Amendment Regulations 2010

2010/299

Crest

Fisheries (South-East Area Amateur Fishing) Amendment Regulations 2010

Anand Satyanand, Governor-General

Order in Council

At Wellington this 30th day of August 2010

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 Amateur Fishing) Amendment Regulations 2010.

2 Commencement

  • These regulations come into force on 1 October 2010.

3 Principal regulations amended
4 Interpretation

  • Regulation 3 is amended by inserting the following definition in its appropriate alphabetical order:

    “East Otago taiapure means the area described in the Schedule of the Fisheries (East Otago Taiapure) Order 1999”.

5 New regulation 3AB inserted

  • The following regulation is inserted after regulation 3A:

    “3AB East Otago taiapure: maximum daily number of finfish

    • “(1) No person may, on any day,—

      • “(a) take more than 10 finfish from the southern part of the East Otago taiapure; or

      • “(b) possess more than 10 finfish in the southern part of the East Otago taiapure; or

      • “(c) possess more than 10 finfish taken from the southern part of the East Otago taiapure.

      “(2) A person contravenes this subclause if the person, on any day, takes or possesses more than the maximum daily number of finfish specified in subclause (1), but not more than 3 times the maximum daily number.

      “(3) A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the maximum daily number of finfish.

      “(4) In this regulation, southern part of the East Otago taiapure means the area—

      • “(a) commencing at the easternmost point of Huriawa Peninsula (at 45°38.40′S and 170°40.47′E); and

      • “(b) then proceeding due east to a point (at 45°38.40′S and 170°40.69′E); and

      • “(c) then proceeding south-west to Brinns Point (at 45°40.32′S and 170°39.18′E); and

      • “(d) then proceeding south-west to a point on Warrington Spit (at 45°43.73′S and 170°36.00′E); and

      • “(e) then proceeding south-east to Potato Point (at 45°44.42′S and 170°38.30′E); and

      • “(f) then proceeding generally west and north along the mean high-water mark to the point of commencement.”

6 Unattended set nets in East Otago taiapure
7 New regulations 6DB to 6DE inserted

  • The following regulations are inserted after regulation 6DA:

    “6DB East Otago taiapure: maximum daily number of paua

    • “(1) Despite regulation 19(1) of the Fisheries (Amateur Fishing) Regulations 1986, no person may, on any day,—

      • “(a) take more than 5 paua from the East Otago taiapure; or

      • “(b) possess more than 5 paua in the East Otago taiapure; or

      • “(c) possess more than 5 paua taken from the East Otago taiapure.

      “(2) A person contravenes this subclause if the person, on any day, takes or possesses more than the maximum daily number of paua specified in subclause (1), but not more than 3 times the maximum daily number.

      “(3) A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the maximum daily number of paua.

    “6DC East Otago taiapure: maximum daily number of kina

    • “(1) Despite regulation 19(1) of the Fisheries (Amateur Fishing) Regulations 1986, no person may, on any day,—

      • “(a) take more than 10 kina from the East Otago taiapure; or

      • “(b) possess more than 10 kina in the East Otago taiapure; or

      • “(c) possess more than 10 kina taken from the East Otago taiapure.

      “(2) A person contravenes this subclause if the person, on any day, takes or possesses more than the maximum daily number of kina specified in subclause (1), but not more than 3 times the maximum daily number.

      “(3) A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the maximum daily number of kina.

    “6DD East Otago taiapure: maximum daily number of shellfish

    • “(1) No person may, on any day,—

      • “(a) take more than 50 shellfish from the East Otago taiapure; or

      • “(b) possess more than 50 shellfish in the East Otago taiapure; or

      • “(c) possess more than 50 shellfish taken from the East Otago taiapure.

      “(2) A person contravenes this subclause if the person, on any day, takes or possesses more than the maximum daily number of shellfish specified in subclause (1), but not more than 3 times the maximum daily number.

      “(3) A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the maximum daily number of shellfish.

    “6DE East Otago taiapure: taking of paua prohibited in Huriawa Peninsula area for 2-year period

    • “(1) No person may, during the period 1 October 2010 to 30 September 2012 (both dates inclusive),—

      • “(a) take any paua from the Huriawa Peninsula area; or

      • “(b) possess any paua in the Huriawa Peninsula area; or

      • “(c) possess any paua that has been taken from the Huriawa Peninsula area.

      “(2) In this regulation, Huriawa Peninsula area means the area—

      • “(a) commencing at a point on the mean high-water mark (at 45°38.44′S and 170°39.81′E); and

      • “(b) then proceeding north-west to a point 50 m offshore (at 45°38.41′S and 170°39.80′E); and

      • “(c) then proceeding generally east then west around the Huriawa Peninsula along a line every point of which is 50 m from the mean high-water mark to a point offshore that is 50 m south of the mean high-water mark (at 45°38.57′S and 170°39.78′E); and

      • “(d) then proceeding north-west to a point (at 45°38.54′S and 170°39.77′E); and

      • “(e) then proceeding generally east then west along the mean high-water mark around the Huriawa Peninsula to the point of commencement.”

8 Offences and penalties

  • (1) Regulation 8(1) is amended by inserting—

    • (a) “3AB(2),” after “3A(6),”; and

    • (b) “6DB(2), 6DC(2), 6DD(2), 6DE,” after “6DA,”.

    (2) Regulation 8(2) is amended by inserting—

    • (a) “3AB(3),” after “3A(7),”; and

    • (b) “6DB(3), 6DC(3), 6DD(3),” after “6C(5),”.

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 2010, amend the Fisheries (South-East Area Amateur Fishing) Regulations 1986.

The amendments—

  • impose a maximum daily number on finfish, paua, kina, and shellfish that can be taken or possessed in the East Otago taiapure:

  • impose a 2-year ban on taking or possessing paua in the Huriawa Peninsula area:

  • make consequential changes to the regulation providing for offences and penalties.

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

Date of notification in Gazette: 2 September 2010.

These regulations are administered by the Ministry of Fisheries.