Fisheries (Southland and Sub-Antarctic Areas Amateur Fishing) Amendment Regulations 2013

  • revoked
  • Fisheries (Southland and Sub-Antarctic Areas Amateur Fishing) Amendment Regulations 2013: 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 2013

(SR 2013/330)

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 26th day of August 2013

Present:
His Excellency the Governor-General in Council

  • Fisheries (Southland and Sub-Antarctic Areas Amateur Fishing) Amendment Regulations 2013: 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 2013.

2 Commencement
  • These regulations come into force on 1 October 2013.

3 Principal regulations
4 Regulation 4AA amended (Maximum daily number of fish in Fiordland (Te Moana o Atawhenua) Marine Area, including internal waters of Fiordland)
  • (1) In regulation 4AA(1), item relating to rock lobster, third column, replace 3 with 6.

    (2) After regulation 4AA(4)(b), insert:

    • (c) the maximum daily number specified in the third column of the table in respect of rock lobster does not apply within the waters of Milford Sound, as described in item 15 of the Schedule, where the maximum daily number of rock lobsters that may be taken or possessed is 3.

5 New regulation 5D inserted (Use of rock lobster pots prohibited in Pendulo Reach, Doubtful Sound)
  • After regulation 5C, insert:

    5D Use of rock lobster pots prohibited in Pendulo Reach, Doubtful Sound
    • A person must not use or set a rock lobster pot or rock lobster holding pot within the area of the internal waters of Fiordland known as Pendulo Reach, Doubtful Sound, enclosed by a line—

      • (a) commencing at Espinosa Point at 45º18.86ʹS and 167º00.45ʹE; then

      • (b) proceeding in a straight line in a north-westerly direction to Quintano Point on Secretary Island at 45º18.16ʹS and 166º58.57ʹE; then

      • (c) proceeding in a straight line in an easterly direction to Omapere Rock at 45º18.17ʹS and 166º59.72ʹE; then

      • (d) proceeding in a straight line in a north-easterly direction to Common Head on Secretary Island at 45º17.87ʹS and 167º00.16ʹE; then

      • (e) proceeding in a straight line in an easterly direction to an unnamed point at 45º17.73ʹS and 167º01.82ʹE; then

      • (f) proceeding in a straight line in a south-westerly direction to an unnamed point at 45º18.12ʹS and 167º01.49ʹE; then

      • (g) proceeding in a generally westerly direction along the mean high-water mark to the point of commencement.

6 Regulation 7 amended (Offences and penalties)
  • (1) In regulation 7(1), after 5C, insert 5D,.

    (2) In regulation 7(5)(c), replace the internal waters of Fiordland with the waters of Milford Sound, as described in item 15 of the Schedule.

    (3) In regulation 7(5)(d), before the rock lobster are, insert in the case of rock lobster held on board or landed from a vessel, including rock lobster removed from any holding pot,.

    (4) In regulation 7(5)(d)(ii)(D), replace internal waters of Fiordland with waters of Milford Sound, as described in item 15 of the Schedule; and.

    (5) After regulation 7(5)(d), insert:

    • (e) in the case of rock lobster held temporarily in a holding pot at sea, the fisher maintains, and is able to immediately produce upon the request of a fishery officer, a legible written record containing the following information:

      • (i) the individual fisher's full name:

      • (ii) the date on which the fisher took the rock lobster:

      • (iii) the number of rock lobster held in each rock lobster holding pot, including the number of rock lobster taken from within the waters of Milford Sound, as described in item 15 of the Schedule:

      • (iv) the Global Positioning System (GPS) co-ordinates or physical location of each rock lobster holding pot:

      • (v) the date on which the fisher removed rock lobster from each rock lobster holding pot:

      • (vi) the number of rock lobster removed from each rock lobster holding pot.

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 2013, amend the Fisheries (Southland and Sub-Antarctic Areas Amateur Fishing) Regulations 1991. The amendments—

  • increase from 3 to 6 the maximum daily number of rock lobster that may be taken, or possessed, from the internal waters of Fiordland, with the exception of Milford Sound, where the maximum daily number of rock lobster that can be taken remains at 3:

  • prohibit amateur rock lobster fishers from using or setting a rock lobster pot or rock lobster holding pot within the waters of Pendulo Reach, Doubtful Sound:

  • allow the accumulation of up to 15 rock lobsters within the internal waters of Fiordland, with the maximum number of 3 allowed to be taken from Milford Sound:

  • require amateur rock lobster fishers to maintain a written record of all live rock lobsters temporarily stored in and removed from rock lobster holding pots in the Fiordland (Te Moana o Atawhenua) Marine Area.


Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 29 August 2013.


Reprints notes
1 General
  • This is a reprint of the Fisheries (Southland and Sub-Antarctic Areas Amateur Fishing) Amendment Regulations 2013 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