Fisheries (Challenger Area Amateur Fishing) Amendment Regulations (No 2) 2012

  • revoked
  • Fisheries (Challenger Area Amateur Fishing) Amendment Regulations (No 2) 2012: revoked, on 1 February 2014, pursuant to regulation 161(1)(d) of the Fisheries (Amateur Fishing) Regulations 2013 (SR 2013/482).

Reprint
as at 1 February 2014

Coat of Arms of New Zealand

Fisheries (Challenger Area Amateur Fishing) Amendment Regulations (No 2) 2012

(SR 2012/350)

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 3rd day of December 2012

Present:
His Excellency the Governor-General in Council

  • Fisheries (Challenger Area Amateur Fishing) Amendment Regulations (No 2) 2012: revoked, on 1 February 2014, pursuant to regulation 161(1)(d) 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 (Challenger Area Amateur Fishing) Amendment Regulations (No 2) 2012.

2 Commencement
  • These regulations come into force on 3 January 2013.

3 Principal regulations
4 Regulation 4AB amended (Set net fishing prohibited in certain area from Clarence Point to Cape Jackson)
  • (1) Replace regulation 4AB(1) with:

    • (1) A person must not use a set net for fishing in the waters from Clarence Point to Cape Jackson.

    • (1A) For the purposes of subclause (1), the waters from Clarence Point to Cape Jackson

      • (a) are the waters lying within an area bounded by a line that—

        • (i) commences at the mean high-water mark at Clarence Point (at 42°10.00′S and 173°56.00′E); and

        • (ii) then proceeds due east 4 nautical miles to a point on the Challenger fisheries management area boundary (at 42°10.00′S and 174°01.74′E); and

        • (iii) then proceeds in a line 4 nautical miles from the mean high-water mark to a point on the Challenger fisheries management area boundary (at 41°11.37′S and 174°27.76′E); and

        • (iv) then proceeds in a straight line to a point on the Challenger fisheries management area boundary (at 41°01.85′S and 174°25.67′E); and

        • (v) then proceeds 4 nautical miles from the mean high-water mark to a point 4 nautical miles due north of Cape Jackson lighthouse (at 40°55.62′S and 174°18.80′E); and

        • (vi) then proceeds due south to Cape Jackson lighthouse (at 40°59.70′S and 174°18.80′E); and

        • (vii) then proceeds in a southerly direction along the mean high-water mark to the west bank of the Wairau River (at 41°30.02′S and 174°03.65′E); and

        • (viii) then proceeds in a straight line to the east bank of the Wairau River (at 41°30.05′S and 174°03.72′E); and

        • (ix) then proceeds south along the line of the mean high-water mark to Clarence Point (at 42°10.00′S and 173°56.00′E); but

      • (b) do not include the waters described in regulations 4AC and 4AAC.

    (2) In regulation 4AB(2), replace subclause (1) with subclause (1A).

5 Regulation 4AC amended (Exemption from prohibition in regulation 4AB)
  • (1) Replace the heading to regulation 4AC with Set net fishing in inner Queen Charlotte Sound.

    (2) Replace regulation 4AC(1) with:

    • (1) A person must not use a set net for fishing in the waters described in subclause (2) unless the set net is—

      • (a) a flatfish set net; and

      • (b) used during the period beginning on 1 April in each year and ending on the close of 30 September in that year.

6 New regulation 4AAC inserted (Limited prohibition on set netting in certain waters within area from Needles Point to Cape Jackson)
  • After regulation 4AC, insert:

    4AAC Limited prohibition on set netting in certain waters within area from Needles Point to Cape Jackson
    • (1) A person must not use a set net in the waters described in subclause (2) unless—

      • (a) the set net is used in the period—

        • (i) beginning on 3 January 2013 and ending on the close of 30 April 2013:

        • (ii) beginning on 1 January and ending on the close of 30 April in relation to any other year; and

      • (b) the person using the set net remains, at all times, in the immediate vicinity of the set net while it is being used.

      (2) The waters referred to in subclause (1) are—

      • (a) Cape Jackson to Little Waikawa Bay (Kaikanohi): all that area of New Zealand fisheries waters enclosed by a line that—

        • (i) commences at a point on the mean high-water mark at Cape Jackson (at 40°59.70′S and 174°18.80′E); and

        • (ii) then proceeds due north to a point offshore (at 40°59.50′S and 174°18.80′E); and

        • (iii) then proceeds in a generally southerly direction along a line every point of which is approximately 200 m from the mean high-water mark to a point offshore (at 41°04.14′S and 174°16.47′E); and

        • (iv) then proceeds due west to a point on the mean high-water mark at Kaikanohi (on the northern head of Little Waikawa Bay) (at 41°04.14′S and 174°16.29′E); and

        • (v) then proceeds in a generally northerly direction along the mean high-water mark of the South Island to the point of commencement:

      • (b) Cooper Point to Deep Bay: all that area of New Zealand fisheries waters enclosed by a line that—

        • (i) commences at a point on the mean high-water mark of Arapawa Island at the northernmost point of Cooper Point (at 41°07.07′S and 174°18.95′E); and

        • (ii) then proceeds due north to a point offshore (at 41°06.95′S and 174°18.95′E); and

        • (iii) then proceeds in a generally north-easterly then south-westerly direction along a line every point of which is approximately 200 m from the mean high-water mark of Arapawa Island to a point offshore (at 41°13.75′S and 174°15.67′E); and

        • (iv) then proceeds due west to a point on the mean high-water mark at the easternmost point of the southern head of Deep Bay (at 41°13.75′S and 174°15.51′E); and

        • (v) then proceeds in a generally north-easterly then south-westerly direction along the mean high-water mark of Arapawa Island to the point of commencement:

      • (c) Oyster Bay to Rarangi: all that area of New Zealand fisheries waters enclosed by a line that—

        • (i) commences at a point on the mean high-water mark at the northernmost point of Tio Point (on the western side of Oyster Bay) (at 41°14.68′S and 174°14.78′E); and

        • (ii) then proceeds due north to a point offshore (at 41°14.55′S and 174°14.78′E); and

        • (iii) then proceeds in a generally north-easterly then southerly direction along a line every point of which is approximately 200 m from the mean high-water mark of the South Island to a point offshore (at 41°23.49′S and 174°03.25′E); and

        • (iv) then proceeds due west to a point on the mean high-water mark at the northern end of Rarangi Beach (at 41°23.49′S and 174°03.07′E); and

        • (v) then proceeds in a generally northerly then south-westerly direction along the mean high-water mark of the South Island to the point of commencement:

      • (d) Cape Campbell to Needles Point: all that area of New Zealand fisheries waters enclosed by a line that—

        • (i) commences at a point on the mean high-water mark at the northernmost point of Cape Campbell (at 41°43.55′S and 174°16.57′E); and

        • (ii) then proceeds due north to a point offshore (at 41°43.43′S and 174°16.57′E); and

        • (iii) then proceeds in a south-westerly direction along a line every point of which is approximately 200 m from the mean high-water mark of the South Island to a point offshore (at 41°52.37′S and 174°09.98′E); and

        • (iv) then proceeds due west to a point on the mean high-water mark at the easternmost point of Needles Point (at 41°52.37′S and 174°09.82′E); and

        • (v) then proceeds in a north-easterly direction along the mean high-water mark of the South Island to the point of commencement:

      • (e) Brothers Islands: the waters lying inside a line every point of which is 200 m from the mean high-water mark of all of the islands, islets, and rocks of the Brothers Islands group:

      • (f) White Rocks: the waters lying inside a line every point of which is 200 m from the mean high-water mark of White Rocks:

      • (g) Motuara Island: the waters lying inside a line every point of which is 200 m from the mean high-water mark of Motuara Island:

      • (h) Motungarara Island: the waters lying inside a line every point of which is 200 m from the mean high-water mark of Motungarara Island:

      • (i) The Twins: the waters lying inside a line every point of which is 200 m from the mean high-water mark of The Twins.

7 Regulation 5 amended (Offences and penalties)

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 3 January 2013, amend the Fisheries (Challenger Area Amateur Fishing) Regulations 1986.

The amendments relate to using a set net in certain waters from Clarence Point to Cape Jackson. Using a flatfish set net will be permitted in inner Queen Charlotte Sound from 1 April to 30 September. Using a set net in certain waters from Needles Point to Cape Jackson will be permitted if the set net is used in a certain period and the person using the set net remains at all times in the immediate vicinity of the set net. The period begins on 3 January 2013 and ends with 30 April 2013 and, in subsequent years, begins on 1 January and ends on the close of 30 April.

Regulation 5, which provides for offences and penalties, is consequentially amended.


Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 6 December 2012.


Reprints notes
1 General
  • This is a reprint of the Fisheries (Challenger Area Amateur Fishing) Amendment Regulations (No 2) 2012 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