Fisheries (Amateur Fishing) Regulations 2013

Reprint as at 20 December 2015

Coat of Arms of New Zealand

Fisheries (Amateur Fishing) Regulations 2013

(SR 2013/482)

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 9th day of December 2013

Present:
The Right Hon John Key presiding in Council

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.

Contents

1Title
2Commencement
3Application
4Conflict between general provisions and specific provisions in these regulations
5Conflict between these regulations and other regulations
6Interpretation: general
7Interpretation: fishery management areas
8Interpretation: fish species
9Interpretation: fishing gear and methods
10Determining net mesh size
11Daily limit for eels
12Daily limits for shellfish
13Daily limit for rock lobsters
14Daily limit for dredge oysters or scallops if safety person on board vessel
15Daily limit for dredge oysters or scallops if 2 or more safety persons on board vessel
16Accumulation limit for paua
17Daily limit for quinnat salmon
18Minimum length for fish
19Minimum length for shellfish
20Shellfish to be measurable
21Return of unlawfully taken or undersize fish, shellfish, and aquatic life
22Minimum net mesh size
23Further restrictions on taking or possessing quinnat salmon
24Prohibition on possessing live brown bullhead catfish
25Prohibition on taking, possessing, or disturbing toheroa
26Prohibition on opening oysters
27Prohibition on taking or possessing oysters in South Island during closed season
28Prohibition on taking or possessing scallops during closed season
29Prohibition on taking rock lobsters, or possessing rock lobsters taken, by prohibited method
30Prohibition on taking or possessing undersize rock lobsters
31Prohibition on taking or possessing rock lobsters in prohibited states
32Prohibition on taking or possessing black coral
33Nets must be marked with name
34Restrictions relating to set nets
35Restrictions relating to drag nets
36Restrictions relating to fyke nets
37Restrictions relating to use of nets in channels
38Restriction on using poles or stakes in conjunction with net
39Prohibition on hauling, etc, of nets except by hand
40Prohibition on stalling
41Use of landing net
42Restrictions on line fishing
43Maximum number of pots
44Pots must be marked with name
45Prohibition on using or possessing rock lobster pot without escape apertures
46Prohibition on using certain loops to take rock lobsters
47Octopus pots
48Prohibition on using underwater breathing apparatus for taking paua
49Prohibition on possessing fish in conjunction with unlawful nets, traps, or lines
50Fish, aquatic life, or seaweed taken under authorisation for hui or tangi
51Issue of authorisation by authorised representative
52Fish, aquatic life, or seaweed taken for approved traditional non-commercial fishing use
53Registration of amateur-fishing charter vessel operator
54Reporting obligations of amateur-fishing charter vessel operator
55Combined daily limit for fish (including individual species limits) in Auckland and Kermadec FMA
56Combined daily limit for hapuku/bass and kingfish
57Daily limit for kingfish
58Daily limit for grey mullet
59Daily limit for snapper
60Daily limit for shellfish in Auckland Coromandel area
61Daily limit for green-lipped mussels in Maketu taiapure
62Minimum length for snapper
63Minimum length for blue cod
64Minimum net mesh size
65Restriction on taking or possessing scallops from Auckland (East) FMA or Auckland (West) FMA during closed season
66Restrictions relating to Māori oyster fisheries
67Prohibition on taking or possessing spotted black groper
68Prohibition on taking or possessing fish from part of Manukau Harbour
69Restrictions on taking fish from Mimiwhangata Peninsula area
70Prohibition on taking or possessing shellfish from Cheltenham Beach area
71Prohibition on taking or possessing shellfish from Karekare Beach area
72Prohibition on taking or possessing shellfish from Eastern Beach area
73Prohibition on taking or possessing finfish from waters near Motu River during closed season
74Restriction on use of certain fishing gear within 1 nautical mile of Mayor Island (Tuhua)
75Restrictions on use of certain fishing gear in Bay of Islands
76Prohibition on using set net in certain areas
77Prohibition on using drift net in Port Waikato
78Combined daily limit for fish (including individual species limits) in Central FMA
79Combined daily limit for hapuku/bass and kingfish
80Daily limit for kingfish
81Daily limit for snapper
82Minimum length for snapper
83Minimum length for ordinary paua in Amateur Taranaki Paua Fishery area
84Minimum net mesh size
85Restriction on using net in Wairoa Hard
86Restrictions on fishing in Sugar Loaf Islands prescribed area
87Prohibition on taking eels from Lake Horowhenua and Hokio Stream
88Prohibition on using set net in Pauatahanui Inlet
89Prohibition on using set net in area of coast east of Cape Runaway
90Prohibition on using set net from Tirua Point to Pariokariwa Point
91Prohibition on fishing in Pukerua Bay except by hand-held line
92Combined daily limit for fish (including individual species limits) in Challenger FMA
93Combined daily limit for hapuku/bass and kingfish
94Daily limit for kingfish
95Daily limit for snapper
96Daily limit for snapper in Marlborough Sounds area
97Daily limit for scallops
98Minimum and maximum length for blue cod in Marlborough Sounds area [Revoked]
99Minimum length for blue cod in Challenger (East) area
100Minimum length for sand flounder
101Minimum length for scallops
102Minimum net mesh size
103Pacific oysters
104Dredge oysters
105Prohibition on taking or possessing blue cod in Marlborough Sounds area during closed season
106Prohibition on taking finfish from Maud Island closed area
107Restriction on possessing blue cod in Challenger (East) area
108Restriction on taking finfish from Marlborough Sounds area
109Prohibition on taking finfish from Double Cove
110Restriction on using or possessing line in Pelorus Sound
111Prohibition on using or possessing set net in part Pelorus Sound or Croisilles Harbour
112Restriction on using or possessing set net in Kenepuru Sound
113Restriction on using set net in waters from Clarence Point to Cape Jackson
114Restriction on using set net in waters from Farewell Spit lighthouse to Awarua Point
115Restriction on using set net in waters of inner Queen Charlotte Sound
116Restriction on using set net in waters from Needles Point to Cape Jackson
117Combined daily limit for fish (including individual species limits) in South-East FMA
118Combined daily limit for hapuku/bass and kingfish
119Daily limit for kingfish
120Daily limit for shellfish in East Otago taiapure
121Daily limits for paua and kina in East Otago taiapure
122Daily limit for finfish in southern part of East Otago taiapure
123Daily limits (including individual species limits) in Akaroa Harbour taiapure
123ADaily limits (including individual species limits) in Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area
123BDaily limits and restrictions on taking bladder kelp and karengo in Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area
124Minimum length for blue cod
125Minimum length for quinnat salmon taken from Otago Harbour
125AMinimum lengths for blue cod and sea perch taken from Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area
126Minimum net mesh size
127Hand-gathering of dredge oyster
128Restriction on taking eels from Lake Forsyth
129Restriction on taking rock lobster from Chatham Islands rock lobster fishery during closed season
130Prohibition on taking or possessing shellfish from Onawe Peninsula marine area
131Prohibition on taking or possessing red coral
132Prohibition on taking or possessing sea horse from Akaroa Harbour taiapure
132AProhibition on taking or possessing red moki from Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area
132BRequirement to mark spiny rock lobsters taken from Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area
133Restriction on net mesh size for taking finfish from Lake Ellesmere (Te Waihora)
134Restriction on using set net in East Otago taiapure
135Restriction on using net near Lake Ellesmere (Te Waihora)
136Restriction on using drag net in Akaroa Harbour and Lyttelton Harbour (Whakaraupo)
137Prohibition on using set net in area from Clarence Point to Slope Point
138Other set net prohibitions
139Prohibition on using net in specified waters of North Canterbury
140Prohibition on using drag net in Catlins Lake
141Combined daily limit for fish (including individual species limits) in Southland and Sub-Antarctic FMA
142Combined daily limit for hapuku/bass and kingfish
143Daily limit for kingfish
144Daily limit for mussels in Southland FMA
145Daily limit for scallops
146Daily limits in Fiordland (Te Moana o Atawhenua) marine area
147Daily limits in internal waters of Fiordland
147ADaily limit for blue cod in Doubtful (Patea), Thompson, and Bradshaw Sounds
148Minimum net mesh size
149Prohibition on taking or possessing blue cod from Milford Sound (Piopiotahi) blue cod closure area
150Prohibition on taking or possessing red coral
151Restrictions on lines and pots in Fiordland (Te Moana o Atawhenua) marine area and internal waters of Fiordland
152Restrictions on dredging in Foveaux Strait and Paterson Inlet (Whaka a Te Wera)
153Prohibition on set netting in area of Slope Point to Sand Hill Point
154Prohibition on dredging in Paterson Inlet (Whaka a Te Wera)
155Restriction on using or possessing set net, longline, or blue cod pot in Paterson Inlet (Whaka a Te Wera)
156Infringement offences
157Defences
158Limitation on defence in relation to accumulation limit for paua
159Limitation on defence in relation to possessing blue cod in Challenger (East) area
159ALimitation on defence in relation to possessing spiny rock lobsters taken from Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area
160Limitation on defence in Fiordland (Te Moana o Atawhenua) marine area or internal waters of Fiordland
161Revocations
Gazette Information
Reprint notes

Regulations

1 Title

These regulations are the Fisheries (Amateur Fishing) Regulations 2013.

2 Commencement

These regulations come into force on 1 February 2014.

Part 1 Preliminary provisions

Subpart 1—Preliminary matters

3 Application

(1)

These regulations apply to a person taking or possessing any fish, aquatic life, or seaweed to which these regulations relate from, or in, New Zealand fisheries waters.

(2)

However, these regulations do not apply to a commercial fisher taking or possessing fish, aquatic life, or seaweed under a permit, licence, quota, or other authorisation issued or granted under the Act or any regulations made under the Act.

Compare: SR 1986/221 r 2; SR 1986/222 r 2; SR 1986/223 r 2; SR 1986/224 r 2; SR 1991/57 r 2

Regulation 3(1): amended, on 8 August 2014, by section 29(2) of the Kaikōura (Te Tai o Marokura) Marine Management Act 2014 (2014 No 59).

Regulation 3(2): amended, on 8 August 2014, by section 29(2) of the Kaikōura (Te Tai o Marokura) Marine Management Act 2014 (2014 No 59).

4 Conflict between general provisions and specific provisions in these regulations

If there is a conflict between the general provisions in Part 2 and any other provisions of these regulations that apply or relate to a specific FMA (specific provisions), the specific provisions prevail.

5 Conflict between these regulations and other regulations

If there is a conflict between the provisions of these regulations and any other regulations made under the Act (other regulations) that apply or relate to amateur fishing in a specified area of New Zealand fisheries waters, the other regulations prevail.

Compare: SR 1986/221 r 4

Subpart 2—Interpretation

6 Interpretation: general

(1)

In these regulations, unless the context otherwise requires,—

Act means the Fisheries Act 1996

amateur-fishing charter vessel operator means a person who receives payment or benefit to provide a vessel and a fishing guide in order to take fishers who are not commercial fishers on fishing trips

chief executive means the chief executive of the Ministry for Primary Industries

commercial fisher has the same meaning as in regulation 3 of the Fisheries (Commercial Fishing) Regulations 2001

daily limit, in relation to a species of fish, finfish, or shellfish, means the maximum number of that species that a person may, on any day, take or possess from or in an FMA or other specified area

fishing gear includes any net, line, pot, bob, trap, dredge, apparatus, device, or other thing that is used or is capable of being used for the purposes of taking fish

fishing method means the way in which any fishing gear is used to take fish or any other practice that is likely to result in taking fish

FMA means fisheries management area or areas (as the case may be)

length,—

(a)

in relation to a finfish, means its length from the tip of the nose to the posterior end of the middle ray of the tail fin:

(b)

in relation to a scallop, means the greatest diameter of the shell:

(c)

in relation to a paua, means the greatest overall length of the shell measured on a plane parallel to the ventral surface of the paua

Māori has the same meaning as in section 4 of Te Ture Whenua Maori Act 1993

river, stream, or channel includes all waters that are contained in the river, stream, or channel by natural or artificial banks

safety person, in relation to taking dredge oysters or scallops, means a person on board a fishing vessel who is assisting the safety of a person taking the dredge oysters or scallops

shucked weight, in relation to paua, means the weight of the paua remaining when the shell of the paua has been removed and discarded

soft-shell stage means the state of a rock lobster following moulting where the exoskeleton has not reached full hardness

traditional non-commercial fishing use does not include a hui or tangi.

(2)

Terms or expressions used but not defined in these regulations, but defined in the Act, have the same meaning as in the Act.

7 Interpretation: fishery management areas

(1)

In these regulations, unless the context otherwise requires,—

Auckland and Kermadec FMA means the areas comprising the Auckland FMA and the Kermadec FMA

Auckland FMA means the areas defined as fishery management area 1—Auckland (East) and fishery management area 9—Auckland (West) in Part 1 of Schedule 1 of the Act

Central FMA means the areas defined as fishery management area 2—Central (East) and fishery management area 8—Central (Egmont) in Part 1 of Schedule 1 of the Act

Challenger FMA means the area defined as fishery management area 7—Challenger/Central (Plateau) in Part 1 of Schedule 1 of the Act

Kermadec FMA means the area defined as fishery management area 10—Kermadec in Part 1 of Schedule 1 of the Act

South-East FMA means the areas defined as fishery management area 3—South East (Coast) and fishery management area 4—South East (Chatham Rise) in Part 1 of Schedule 1 of the Act

Southland and Sub-Antarctic FMA means the areas comprising the Southland FMA and the Sub-Antarctic FMA

Southland FMA means the area defined as fishery management area 5—Southland in Part 1 of Schedule 1 of the Act

Sub-Antarctic FMA means the area defined as fishery management area 6—Sub-Antarctic in Part 1 of Schedule 1 of the Act.

(2)

Schedule 14 contains further area definitions for the purposes of Part 3 (Auckland and Kermadec FMA).

(3)

Schedule 15 contains further area definitions for the purposes of Part 4 (Central FMA).

(4)

Schedule 16 contains further area definitions for the purposes of Part 5 (Challenger FMA).

(5)

Schedule 17 contains further area definitions for the purposes of Part 6 (South-East FMA).

(6)

Schedule 18 contains further area definitions for the purposes of Part 7 (Southland and Sub-Antarctic FMA).

8 Interpretation: fish species

In these regulations, unless the context otherwise requires,—

albacore means a fish of the species Thunnus alalunga

barracouta means a fish of the species Thyrsites atun

billfish means a fish of any of the following species:

(a)

Istiophorus platypterus (known as Indo-Pacific sailfish):

(b)

Makaira indica (known as black marlin):

(c)

Makaira mazara (known as blue marlin):

(d)

Tetrapturus audax (known as striped marlin):

(e)

Tetrapturus angustirostris (known as shortbilled spearfish):

(f)

Xiphias gladius (known as swordfish)

black coral means a coelenterate of the order Antipatharia

blue cod means a fish of the species Parapercis colias

blue maomao means a fish of the species Scorpis violaceus

blue moki means a fish of the species Latridopsis ciliaris

blue shark means a fish of the species Prionace glauca

bluenose means a fish of the species Hyperoglyphe antarctica

bronze shark means a fish of the species Carcharhinus brachyurus

brown bullhead catfish means a fish of the species Ameiurus nebulosus (also known as catfish)

butterfish means a fish of the species Odax pullus or Odax cyanoallix

cat’s eye means a shellfish of the species Turbo smaragdus

cockle means a shellfish of the species Chione (Austrovenus) stutchburyi

dredge oyster means a shellfish of the species Ostrea chilensis

eel includes—

(a)

the shortfin eel of the species Anguilla australis or Anguilla reinhardtii; and

(b)

the longfin eel of the species Anguilla dieffenbachii

elephant fish means a fish of the species Callorhynchus milii

flatfish includes—

(a)

sand flounder; and

(b)

a fish of any of the following species:

(i)

Rhombosolea retiaria (known as black flounder):

(ii)

Colistium guntheri (known as brill):

(iii)

Rhombosolea leporina (known as yellow belly flounder):

(iv)

Rhombosolea tapirina (known as greenback flounder):

(v)

Pelotretis flavilatus (known as lemon sole):

(vi)

Peltorhamphus novaezeelandiae (known as New Zealand sole):

(vii)

Colistium nudipinnis (known as turbot)

garfish means a fish of the species Hyporhamphus ihi (also known as piper)

green-lipped mussel means a shellfish of the species Perna canaliculus (also known as green mussel)

grey mullet means a fish of the species Mugil cephalus

gurnard means a fish of the species Chelidonichthys kumu

hammerhead shark means a fish of the species Sphyrna zygaena

hapuku/bass means a fish of either of the following species:

(a)

Polyprion oxygeneios:

(b)

Polyprion americanus

herring

(a)

means yellow-eyed mullet; but

(b)

does not include—

(i)

pilchard or sardine:

(ii)

grey mullet

John dory means a fish of the species Zeus faber

kahawai means a fish of the species Arripis trutta or Arripis xylabion

kina

(a)

means a shellfish of the species Evechinus chloroticus (also known as sea egg); and

(b)

includes the purple urchin of the species Centrostephanus rodgersii

kingfish means a fish of the species Seriola lalandi

lamprey means a fish of the species Geotria australis

ling means a fish of the species Genypterus blacodes

mackerel means a fish of any of the following species:

(a)

Scomber australasicus:

(b)

Trachurus declivis:

(c)

Trachurus murphyi:

(d)

Trachurus novaezelandiae

mako shark means a fish of the species Isurus oxyrinchus

marblefish means a fish of either of the following species:

(a)

Aplodactylus etheridgi:

(b)

Aplodactylus arctidens

marlin means a fish of any of the following species:

(a)

Makaira nigricans:

(b)

Makaira indica:

(c)

Tetrapturus audax

mullet

(a)

includes a fish of either of the following species:

(i)

grey mullet; and

(ii)

Upeneichthys lineatus (known as goatfish or red mullet); but

(b)

does not include Aldrichetta forsteri (known as yellow-eyed mullet)

mussel means a shellfish of any of the following species:

(a)

green-lipped mussel:

(b)

Atrina zelandica (known as horse mussel):

(c)

Mytilus edulis aoteanus (known as blue mussel)

ordinary paua means a shellfish of the species Haliotis iris (also known as blackfoot paua)

oyster includes a shellfish of any of the following species:

(a)

Crassostrea gigas (known as Pacific oyster):

(b)

Saccostrea glomerata (known as rock oyster):

(c)

Ostrea chilensis (known as dredge oyster):

(d)

Tiostrea chilensis (formerly known as Ostrea lutaria)

packhorse rock lobster means a crustacean of the species Sagmariasus verreauxi

parore means a fish of the species Girella tricuspidata

paua includes—

(a)

yellowfoot paua:

(b)

ordinary paua:

(c)

virgin paua

pilchard or sardine

(a)

means a fish of the species Sardinops sagax; and

(b)

includes a fish of the genus Sprattus

pipi means a shellfish of the species Paphies australis

porae means a fish of the species Nemadactylus douglasii

porbeagle shark means a fish of the species Lamna nasus

quinnat salmon means a fish of the species Oncorhynchus tshawytscha (also known as chinook salmon)

red cod means a fish of the species Pseudophycis bachus

red coral means a coelenterate of the family Stylasteridae

red gurnard means a fish of the species Chelidonichthys kumu

red moki means a fish of the species Cheilodactylus spectabilis

red snapper means a fish of the species Centroberyx affinis

rig means a fish of the species Mustelus lenticulatus

rock lobster means a crustacean of either of the following species:

(a)

Jasus edwardsii (known as spiny or red rock lobster):

(b)

Sagmariasus verreauxi (known as packhorse or green rock lobster)

sand flounder means a fish of the species Rhombosolea plebeia (also known as dab flounder, white flounder, diamond flounder, or square flounder)

scallop means a shellfish of the species Pecten novaezelandiae

school shark means a fish of the species Galeorhinus galeus

sea horse means a fish of the genus Hippocampus

sea perch means a fish of the genus Helicolenus (also known as Jock Stewart)

seven gill shark means a fish of the species Notorynchus cepedianus or Heptranchias perlo

shark means a fish of the class Holocephali and Elasmobranchii (also known as sharks and dogfish)

skate means a fish of the order Rajiformes (also known as ray)

snapper means a fish of the species Pagrus auratus

spiny dogfish means a fish of the species Squalus acanthias

spiny rock lobster means a crustacean of the species Jasus edwardsii (known as red rock lobster)

spotted black groper means a fish of the species Epinephelus daemelii

stargazer means a fish of the genus Kathetostoma

tarakihi

(a)

means a fish of the genus Nemadactylus; but

(b)

does not include porae

thresher shark means a fish of the species Alopias vulpinus

toheroa means a shellfish of the species Paphies ventricosa

trevally means a fish of the species Pseudocaranx dentex

trumpeter means a fish of the species Latris lineata

tuatua means a shellfish of either of the following species:

(a)

Paphies donacina (also known as southern tuatua):

(b)

Paphies subtriangulata

tuna means a fish of the family Scombridae

virgin paua means a shellfish of the species Haliotis virginea

warehou means a fish of either of the following species:

(a)

Seriolella brama:

(b)

Seriolella punctata

wrasse means a fish of the family Labridae

yellow-eyed mullet means a fish of the species Aldrichetta forsteri

yellowfoot paua means shellfish of species Haliotis australis.

Regulation 8 albacore: inserted, on 8 August 2014, by section 29(2) of the Kaikōura (Te Tai o Marokura) Marine Management Act 2014 (2014 No 59).

Regulation 8 pilchard or sardine: amended, on 21 February 2014, by regulation 4(1) of the Fisheries (Amateur Fishing) Amendment Regulations 2014 (LI 2014/16).

Regulation 8 trevally: amended, on 21 February 2014, by regulation 4(2) of the Fisheries (Amateur Fishing) Amendment Regulations 2014 (LI 2014/16).

9 Interpretation: fishing gear and methods

In these regulations, unless the context otherwise requires,—

blue cod pot

(a)

means a pot (whether baited or not) that is capable of catching or holding blue cod; and

(b)

includes any other device capable of catching, holding, or storing blue cod; but

(c)

does not include a rock lobster pot

bob means a baited stocking or net sock that is capable of catching rock lobster

dahn line means a weighted line to which hooks are attached to the bottom portion that is placed vertically for the purposes of taking fish

drag net means any net or part of a net (including any warp, rope, chain, material, or device used in conjunction with, or attached to, the net) that—

(a)

has a buoyancy system on the top edge; and

(b)

is weighted on the bottom edge; and

(c)

is operated by surrounding any fish or aquatic life and being drawn over the bed of any waters or through any waters to the shore

dredge

(a)

means a device towed on or over, or capable of being towed on or over, the seabed primarily for the collection of shellfish; and

(b)

includes a box dredge or ring device

drift net means a net that—

(a)

acts by enmeshing, entrapping, or entangling any fish or aquatic life; and

(b)

acts by drifting in the water or on the surface of the water; and

(c)

is not attached to—

(i)

a vessel; or

(ii)

any point of land; or

(iii)

the seabed or riverbed

flatfish set net means a net that—

(a)

is equal to or less than 9 meshes deep; and

(b)

has a monofilament diameter equal to or less than 0.35 mm; and

(c)

has a mesh size equal to or greater than 100 mm; and

(d)

is anchored at each end; and

(e)

does not exceed a total length of 60 m

fyke net

(a)

means a net, fish trap, or part of a net that is used or is capable of being used to take eels; and

(b)

includes a hinaki trap

hand-gathering

(a)

means the use of the hands to physically take fish; and

(b)

includes shore picking, diving, and hand-digging for shellfish

hinaki trap means a fish trap capable of taking eels

line means a line—

(a)

to which hooks, whether baited or not, are attached (whether the line is held in the hand or otherwise); and

(b)

that is set, moored, or placed; and

(c)

that is capable of taking fish

longline means any line to which more than 7 hooks (whether baited or not) are attached

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

net

(a)

means any net or part of a net that is used or capable of being used to take fish; but

(b)

does not include a bob, ring pot, or whitebait net

potting

(a)

means the use of any pot, whether baited or not, that is capable of catching rock lobsters; and

(b)

includes any other device capable of catching, holding, or storing rock lobsters

ring pot means a circular frame across which netting is attached

rock lobster holding pot

(a)

means a pot or cage that is used or is capable of being used for holding or storing rock lobsters; but

(b)

does not include a pot or cage that is capable of catching rock lobsters

rock lobster pot

(a)

means a pot, whether baited or not, that is capable of catching or holding rock lobsters; and

(b)

includes any other device capable of catching, holding, or storing rock lobsters except a loop, bob, or ring pot

set net includes a gill net or any other sort of net that acts by enmeshing, entrapping, or entangling any fish

spear

(a)

means any device or implement capable of puncturing the flesh or exoskeleton of a fish; but

(b)

does not include any gaff or similar device used solely for the landing of finfish

stalling means the process by which a net is set anywhere in such a manner that any fish enclosed or entangled by the net is left stranded by the falling tide or is enclosed or entangled so that at any stage of the tide there is an insufficient depth of water at either end of the net to enable the fish to pass from the waters above the net to the waters below the net

trolling means line fishing with the line being towed by a vessel making way

underwater breathing apparatus

(a)

means an apparatus capable of being used for providing breathable gases underwater; and

(b)

includes any part of the apparatus; but

(c)

does not include a snorkel.

10 Determining net mesh size

(1)

For the purposes of these regulations, the mesh size of a net is to be determined as follows:

(a)

if the mesh has knots, by measuring the length between the inner edges of the knots of opposite corners of the mesh with the mesh closed; or

(b)

if the mesh does not have knots, by measuring the length between the inner edges of opposite corners of the mesh with the mesh closed.

(2)

If there is a dispute, or there is doubt, about a measurement under subclause (1),—

(a)

a 1 kg weight must be slung or attached to the lower knot or join of the mesh to produce a fair strain or extension; and

(b)

the mesh must be measured while the weight is in position.

(3)

In subclause (1), inner edge, in relation to a knot, means the edge of the knot that is nearest to the knot of the opposite corner of the mesh being measured.

Compare: SR 1986/221 r 5

Part 2 General provisions

Subpart 1—Daily limits

11 Daily limit for eels

(1)

A person must not, on any day, take or possess more than 6 eels (the daily limit for eels).

(2)

A person contravenes this subclause if the person, on any day, takes or possesses more than the daily limit for eels, but not more than 3 times that daily limit.

(3)

A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the daily limit for eels.

(4)

A person who contravenes—

(a)

subclause (2) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (3) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1986/221 r 6A

12 Daily limits for shellfish

(1)

A person must not, on any day, take or possess more than the limit for a species of shellfish specified in the table in Schedule 1 (the daily limit for a species of shellfish).

(2)

A person contravenes this subclause if the person, on any day, takes or possesses more than the daily limit for a species of shellfish, but not more than 3 times that daily limit.

(3)

A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the daily limit for a species of shellfish.

(4)

A person who contravenes—

(a)

subclause (2) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (3) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

(5)

This regulation is subject to regulations 14 and 15.

Compare: SR 1986/221 r 19(1)–(3)

13 Daily limit for rock lobsters

(1)

A person must not, on any day, take or possess more than 6 rock lobsters (the daily limit for rock lobsters).

(2)

A person contravenes this subclause if the person, on any day, takes or possesses more than the daily limit for rock lobsters, but not more than 3 times that daily limit.

(3)

A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the daily limit for rock lobsters.

(4)

A person who contravenes—

(a)

subclause (2) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (3) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1986/221 r 25(1A)–(1C)

14 Daily limit for dredge oysters or scallops if safety person on board vessel

(1)

If the circumstances in subclause (2) are met, a person may, on any day, take an additional number of dredge oysters or scallops up to the limit specified for those species in the table in Schedule 1.

(2)

The circumstances are that—

(a)

the person takes the dredge oysters or scallops by the method of hand-gathering when diving from a fishing vessel; and

(b)

1 safety person is on board the vessel at all times when the dredge oysters or scallops are taken.

(3)

For the purposes of subclause (2), no more than an additional number that is equivalent to the daily limit for dredge oysters or scallops may be taken in total by all persons diving from the vessel.

(4)

To avoid doubt, any additional number taken for a safety person in accordance with this regulation is not part of the daily limit for dredge oysters or scallops for the purposes of regulation 12.

Compare: SR 1986/221 r 19A(1)–(2A), (3B)

15 Daily limit for dredge oysters or scallops if 2 or more safety persons on board vessel

(1)

If the circumstances in subclause (2) are met, a person may, on any day, take an additional number of dredge oysters or scallops that is up to 2 times the daily limit specified for those species in the table in Schedule 1.

(2)

The circumstances are that—

(a)

a person takes the dredge oysters or scallops by the method of hand-gathering when diving from a fishing vessel; and

(b)

2 or more safety persons are on board the vessel at all times when the dredge oysters or scallops are taken.

(3)

For the purposes of subclause (2), no more than an additional number that is equivalent to 2 times the daily limit for dredge oysters or scallops may be taken in total by all persons diving from the vessel.

(4)

To avoid doubt, any additional number taken for a safety person in accordance with this regulation is not part of the daily limit for dredge oysters or scallops for the purposes of regulation 12.

Compare: SR 1986/221 r 19A(3)–(3B)

16 Accumulation limit for paua

(1)

This regulation applies to a person if the person has—

(a)

accumulated paua over a period of more than 1 day; and

(b)

exceeded the daily limit specified for a species of paua in the table in Schedule 1; and

(c)

established the defence set out in regulation 157(1).

(2)

The person may, on any day, possess the following daily limit or daily amount of paua (the accumulation limit for paua):

(a)

20 paua; or

(b)

if the number of paua cannot be determined, the amount of paua that comprises a shucked weight of 2.5 kg.

(3)

A person contravenes this subclause if the person, on any day, possesses more than the accumulation limit for paua, but not more than 3 times that daily limit.

(4)

A person contravenes this subclause if the person, on any day, possesses more than 3 times the accumulation limit for paua.

(5)

A person who contravenes—

(a)

subclause (3) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (4) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1986/221 r 19B

17 Daily limit for quinnat salmon

(1)

This regulation applies only to the taking of quinnat salmon, and possession of quinnat salmon taken, from an area that is not within an area of jurisdiction of the Fish and Game Council for that area.

(2)

A person must not, on any day, take or possess more than 4 quinnat salmon (the daily limit for quinnat salmon).

(3)

A person contravenes this subclause if the person, on any day, takes or possesses more than the daily limit of quinnat salmon, but not more than 3 times that daily limit.

(4)

A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the daily limit of quinnat salmon.

(5)

A person who contravenes—

(a)

subclause (3) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (4) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1986/221 r 17(5)–(6)

Subpart 2—Minimum species length and net mesh size

Species length

18 Minimum length for fish

(1)

A person must not take or possess a species of fish specified in the first column of the table in Part 1 of Schedule 2 that is less than the minimum length for that species specified in the second column of that table.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/221 r 6(2)

19 Minimum length for shellfish

(1)

A person must not take or possess a species of shellfish (whether entire, chipped, or broken) specified in the first column of the table in Part 2 of Schedule 2 that is less than the minimum length for that species specified in the second column of that table.

(2)

A person must not take or possess any dredge oyster that can be passed through a rigid circular metal ring having a clear inside diameter of 58 mm.

(3)

A person who contravenes subclause (1) or (2) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/221 r 19(4)–(6)

20 Shellfish to be measurable

(1)

A person must not possess seaward of the mean high-water mark any shellfish to which a minimum length restriction applies in such a state that it cannot be measured.

(2)

Subclause (1) does not apply to the possession of dredge oysters or scallops on board a fishing vessel for immediate consumption on board the vessel.

(3)

A person must not land from a fishing vessel any shellfish to which a minimum length restriction applies in such a state that it cannot be measured.

(4)

A person who contravenes subclause (1) or (3) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/221 r 20

21 Return of unlawfully taken or undersize fish, shellfish, and aquatic life

(1)

A person engaged in amateur fishing must, taking all reasonable care to ensure its survival, immediately return any finfish, shellfish, or aquatic life that is unlawfully taken or is of an unlawful state or size back into the waters from which it was taken.

(2)

A person who contravenes subclause (1) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

(3)

Any finfish of lawful size is not counted towards the maximum daily limits prescribed in these regulations or in any other regulations relating to amateur fishing made under the Act if the finfish is returned immediately to the waters from which it was taken and in a manner in which it is likely to survive.

(4)

Any fish, shellfish, or aquatic life that is undersize or less than the specified minimum length is not counted towards the maximum daily limits prescribed in these regulations or in any other regulations relating to amateur fishing made under the Act if the fish, shellfish, or aquatic life is returned immediately to the waters from which it was taken.

Compare: SR 1986/221 r 28

Net mesh size

22 Minimum net mesh size

(1)

A person must not, on any day, use a net to take a species of fish specified in the first column of the table in Part 1 of Schedule 3 unless the mesh size of the net used is at least the minimum size specified for that species in the second column of that table.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/221 r 6(1)

Subpart 3—Restrictions and prohibitions

23 Further restrictions on taking or possessing quinnat salmon

(1)

This regulation applies only to the taking of quinnat salmon, and the possession of quinnat salmon taken, from areas that are not within an area of jurisdiction of the Fish and Game Council for that area.

(2)

A person must not take quinnat salmon unless the person—

(a)

uses a rod and running line; and

(b)

is within 15 m of the rod and running line; and

(c)

has the rod and running line under visual observation at all times.

(3)

A person must not possess any quinnat salmon taken in contravention of subclause (2)(a).

(4)

A person fishing for quinnat salmon—

(a)

must not possess, or have control over, more than 1 assembled rod and running line; but

(b)

may use another rod and running line to jig for sprat or other baitfish, as long as any quinnat salmon taken on that rod and running line is returned to the water immediately.

(5)

A person who contravenes subclause (2), (3), or (4) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/221 r 17(1)–(4), (6)

24 Prohibition on possessing live brown bullhead catfish

(1)

A person must not possess a live brown bullhead catfish.

(2)

A person who takes a live brown bullhead catfish must kill it immediately.

(3)

A person who contravenes subclause (1) or (2) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/221 r 16

25 Prohibition on taking, possessing, or disturbing toheroa

(1)

A person must not take, possess, or disturb toheroa.

(2)

A person contravenes this subclause if the person takes, possesses, or disturbs not more than 50 toheroa.

(3)

A person contravenes this subclause if the person takes, possesses, or disturbs more than 50 toheroa.

(4)

A person who contravenes—

(a)

subclause (2) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (3) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1986/221 r 22

26 Prohibition on opening oysters

(1)

A person must not—

(a)

open an oyster while it adheres to the object or other oyster on which it grew; or

(b)

discard the shell of the oyster on or near the object or other oyster on which it grew.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/221 r 23(1)

27 Prohibition on taking or possessing oysters in South Island during closed season

(1)

A person must not, during the closed season,—

(a)

take any oysters from the South Island; or

(b)

possess any oysters taken from the South Island.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

(3)

In subclause (1), closed season means the period beginning on 1 September in any year and ending with the close of the last day of February in the following year.

Compare: SR 1986/221 r 23(2)

28 Prohibition on taking or possessing scallops during closed season

(1)

A person must not—

(a)

take any scallops during the closed season; or

(b)

possess any scallops that were taken during the closed season.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

(3)

In subclause (1), closed season means the period beginning on 15 February in any year and ending with the close of 14 July in that year.

Compare: SR 1986/221 r 24

29 Prohibition on taking rock lobsters, or possessing rock lobsters taken, by prohibited method

(1)

A person must not—

(a)

set or use a baited net to take rock lobsters; or

(b)

possess any rock lobsters taken with a baited net.

(2)

A person must not use a spear to take rock lobsters or possess any rock lobsters that have been speared.

(3)

A person who contravenes subclause (1) or (2) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/221 r 25(2), (3)

30 Prohibition on taking or possessing undersize rock lobsters

(1)

A person must not—

(a)

take any undersize rock lobster or the tail of any undersize rock lobster; or

(b)

possess any undersize rock lobster or the tail of any undersize rock lobster.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

(3)

For the purposes of subclause (1), a rock lobster, whether alive or dead (and, if dead, whether cooked, frozen, or chilled) is undersize if the tail is—

(a)

less than 60 mm wide, in the case of a female spiny rock lobster, when measured in accordance with clauses 2 and 3 of Schedule 4:

(b)

less than 54 mm wide, in the case of a male spiny rock lobster, when measured in accordance with clauses 2 and 3 of Schedule 4:

(c)

less than 216 mm long, in the case of a packhorse rock lobster of either sex, when measured in accordance with clauses 4 and 5 of Schedule 4.

Compare: SR 1986/221 rr 25(1)(b), 25A

31 Prohibition on taking or possessing rock lobsters in prohibited states

(1)

A person must not take or possess any rock lobster—

(a)

that is carrying external eggs or whose external eggs have been removed by artificial means:

(b)

that has had an egg-bearing appendage or pleopod (or part of an egg-bearing appendage or pleopod) removed from it or whose tail is in such a state that the sex of the rock lobster cannot be determined:

(c)

that is in the soft-shell stage:

(d)

if the calcified bar or any part of the exoskeleton of the first abdominal segment of the tail is fractured:

(e)

that is in such a state that its tail cannot be properly measured:

(f)

in the case of a spiny rock lobster, if—

(i)

the calcified bar or any part of the exoskeleton of the second abdominal segment of the tail is fractured; or

(ii)

a part of any primary pleural spine of the second abdominal segment is broken.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

(3)

In subclause (1), exoskeleton means the outer shell of the tail.

Compare: SR 1986/221 r 25(1)(c)–(e)

32 Prohibition on taking or possessing black coral

(1)

A person must not take or possess black coral.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/221 r 26

Subpart 4—Fishing gear

Nets

33 Nets must be marked with name

(1)

A person must not set or use—

(a)

a set net unless a surface float that is legibly and permanently marked with the person’s initials and surname is attached to each end of the net:

(b)

a fyke net unless a surface float that is legibly and permanently marked with the person’s initials and surname is attached to the net.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/221 r 7

34 Restrictions relating to set nets

(1)

A person must not use or possess in or adjacent to New Zealand fisheries waters—

(a)

a set net that exceeds 60 m in length; or

(b)

more than 1 set net; or

(c)

a baited set net (except a fyke net).

(2)

A person must not, in or adjacent to New Zealand fisheries waters, set a net within 60 m of any other net.

(3)

A person on board a vessel must not use a set net to take fish if there is more than 1 set net on board the vessel.

(4)

Despite subclause (3), a person on board a vessel may use from or possess on board the vessel 2 set nets if 1 of those nets—

(a)

has a mesh size of less than 50 mm; and

(b)

does not exceed 10 m in length.

(5)

A person who contravenes subclause (1), (2), or (3) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/221 r 12

35 Restrictions relating to drag nets

(1)

A person must not use or possess a drag net in or adjacent to New Zealand fisheries waters unless—

(a)

the net length does not exceed 40 m; and

(b)

the total warp length does not exceed 200 m.

(2)

A person must not use or possess in or adjacent to New Zealand fisheries waters more than 1 drag net at any one time.

(3)

A person who contravenes subclause (1) or (2) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/221 r 13

36 Restrictions relating to fyke nets

(1)

A person must not set, use, or possess in or adjacent to New Zealand fisheries waters more than 1 fyke net at any one time.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/221 r 14

37 Restrictions relating to use of nets in channels

(1)

A person must not use or set a net that, either by itself or together with any other net, extends more than one-quarter of the distance across the width of a river, stream, or channel measured at right-angles to the bank of the river, stream, or channel at that place at that time.

(2)

A person must not use or set a net that, at any time, either by itself or together with or in conjunction with any other net, wing, or leader, extends more than one-quarter of the distance across the width of any arm of the sea.

(3)

A person who contravenes subclause (1) or (2) commits an offence and is liable on conviction to a fine not exceeding $10,000.

(4)

For the purposes of subclause (2), width of any arm of the sea

(a)

means the shortest line of any straight lines that may be drawn between any point on the water’s edge and any point on the opposing water’s edge, being a line that intersects the net at some point; and

(b)

includes an estuary, inlet, bay, or sound.

Compare: SR 1986/221 r 9

38 Restriction on using poles or stakes in conjunction with net

(1)

A person must not—

(a)

erect a pole or stake for use in conjunction with a net; or

(b)

use an erected pole or stake in conjunction with a net.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

(3)

Subclause (1) does not prohibit the use of a pole or stake in conjunction with a fyke net if the pole or stake is—

(a)

clearly visible at all stages of the tide; and

(b)

removed at the end of the fishing.

Compare: SR 1986/221 r 11

39 Prohibition on hauling, etc, of nets except by hand

(1)

A person must not—

(a)

set, pull, haul, or retrieve a net, except by hand:

(b)

pull or haul any rope, warp, or chain attached to or used with a net, except by hand.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/221 r 8

40 Prohibition on stalling

(1)

A person must not set a net if stalling occurs as a result.

(2)

A person who sets a net must ensure that stalling does not occur while the net is set.

(3)

A person who contravenes subclause (1) or (2) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/221 r 10

41 Use of landing net

These regulations do not apply to the use by a person of a landing net to secure fish that have been lawfully taken.

Compare: SR 1986/221 r 28A

Lines

42 Restrictions on line fishing

(1)

A person must not use or possess on board a vessel in or adjacent to New Zealand fisheries waters any line unless all the surface floats attached to it are legibly and permanently marked with the person’s initials and surname.

(2)

A person must not use or possess on board a vessel in or adjacent to New Zealand fisheries any line that has more than 25 hooks attached to it.

(3)

A person must not use, set from, or possess on board a vessel in or adjacent to New Zealand fisheries any line if more than 2 lines are being used or set from or possessed on board the vessel.

(4)

A person must not use or possess in or adjacent to New Zealand fisheries waters more than 1 line.

(5)

Subclauses (3) and (4) do not apply to the use or possession of a rod and reel line or hand line.

(6)

A person who contravenes subclause (1), (2), (3), or (4) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/221 r 15

Pots

43 Maximum number of pots

(1)

The maximum number of pots that may be used, set, or possessed in New Zealand fisheries waters on any day is,—

(a)

in the case of pots being used, set, or possessed by a person (including a person who is the only person on a vessel), 3 pots:

(b)

in the case of pots used, set, or possessed by 2 or more persons from a vessel, 6 pots.

(2)

A person to whom subclause (1)(a) applies contravenes this subclause if the person, on any day,—

(a)

uses, sets, or possesses—

(i)

4 pots; or

(ii)

5 or 6 pots; or

(b)

uses, sets, or possesses more than 6 pots.

(3)

A person to whom subclause (1)(b) applies contravenes this subclause if the person, on any day,—

(a)

uses, sets, or possesses pots on or from a vessel so that—

(i)

more than 6 pots but not more than 9 pots are being used, set, or possessed on or from the vessel; or

(ii)

more than 9 pots but not more than 12 pots are being used, set, or possessed on or from the vessel; or

(b)

uses, sets, or possesses pots on or from a vessel so that more than 12 pots are being used, set, or possessed on or from the vessel.

(4)

A person who contravenes—

(a)

subclause (2)(a) or (3)(a) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (2)(b) or (3)(b) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1986/221 r 15B

44 Pots must be marked with name

(1)

A person must not use or possess on board a vessel or vehicle any pot, unless the pot and the buoy or float attached to the pot or float line are legibly and permanently marked with the person’s initials and surname.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/221 r 15A

45 Prohibition on using or possessing rock lobster pot without escape apertures

(1)

A person must not use or possess on a vessel or vehicle a rock lobster pot, unless the pot has at least 2 rectangular apertures (other than the mouth of the pot) (escape apertures) through which undersize rock lobsters are able to escape.

(2)

An escape aperture must not—

(a)

be incorporated in either the top or the bottom of a rock lobster pot; or

(b)

have inside dimensions of less than 54 mm wide by 200 mm long.

(3)

A rock lobster pot must be constructed so that—

(a)

the escape apertures are contained in at least 2 opposite faces of the pot:

(b)

if the escape apertures are placed vertically, the total inside length of the escape aperture or apertures contained in any face of the pot is not less than 80% of the total height of that face of the pot:

(c)

if the escape apertures are placed other than vertically, the total inside length of the escape aperture or apertures contained in any face of the pot is not less than 80% of the total length of that face of the pot.

(4)

Despite subclause (1) or (3), a person must not use or have on any vessel or vehicle a round rock lobster pot, unless—

(a)

the pot contains at least 3 rectangular apertures (other than the mouth of the pot) through which undersize rock lobsters are able to escape; and

(b)

each aperture has inside dimensions of not less than 54 mm wide by 200 mm long.

(5)

A person who contravenes subclause (1), (2), (3), or (4) commits an offence and is liable on conviction to a fine not exceeding $10,000.

(6)

This regulation does not prohibit the use or possession of pots without escape apertures if—

(a)

the pots are constructed entirely of spot-welded rectangular mesh and have inside dimensions of not less than 54 mm wide by 140 mm long; and

(b)

the pots are used—

(i)

without covers or liners; or

(ii)

with covers or liners that leave unencumbered at least 80% of the surface area of each of 2 opposite sides.

(7)

To avoid doubt, this regulation does not prohibit the use or possession of pots without escape apertures for taking species other than rock lobster.

Compare: SR 1986/221 r 25B

46 Prohibition on using certain loops to take rock lobsters

(1)

A person must not take rock lobster with a loop that is—

(a)

drawn tight by springs or any other trigger mechanism; or

(b)

constructed in such a way that, if used, it is likely to puncture, penetrate, cut, or otherwise damage the tail or carapace of a rock lobster.

(2)

A person must not—

(a)

use, while taking rock lobster, a loop of a type described in subclause (1):

(b)

possess any rock lobster—

(i)

while in possession of a loop of a type described in subclause (1); or

(ii)

that the person knows has been taken by using a loop of a type described in subclause (1):

(c)

have any rock lobster in or on a conveyance in or on which there is a loop of a type described in subclause (1).

(3)

A person who contravenes subclause (1) or (2) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/221 r 25BA

47 Octopus pots

(1)

A person must not use or possess on board any vessel or vehicle a pot to take octopus unless the entrance to the pot is covered and secured by a latch or similar device so that an octopus must force its way into the pot.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/221 r 25C

Underwater breathing apparatus for taking paua

48 Prohibition on using underwater breathing apparatus for taking paua

(1)

A person must not—

(a)

use any underwater breathing apparatus while taking paua:

(b)

possess any paua while in possession of any underwater breathing apparatus:

(c)

possess any paua in or on any conveyance in or on which there is any underwater breathing apparatus:

(d)

possess any paua that the person knows to have been taken when the person taking the paua was using underwater breathing apparatus.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/221 r 21

General

49 Prohibition on possessing fish in conjunction with unlawful nets, traps, or lines

(1)

A person must not possess any fish together with a net, trap, or line that the person is not permitted to set or use under this subpart, whether or not that net, trap, or line is being used in fishing.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/221 r 18

Subpart 5—Fish, aquatic life, or seaweed taken for hui or tangi or approved traditional non-commercial fishing use

50 Fish, aquatic life, or seaweed taken under authorisation for hui or tangi

(1)

These regulations and any other regulations made under the Act that relate to amateur fishing and impose restrictions on the taking of fish, aquatic life, or seaweed do not apply if the fish, aquatic life, or seaweed is taken—

(a)

for the purposes of a hui or tangi; and

(b)

in accordance with—

(i)

an authorisation issued under regulation 51 by a person or organisation specified in subclause (2) (an authorised representative); and

(ii)

any conditions notified in the Gazette that are considered by the chief executive to be necessary for the overall conservation and management of the fishery concerned.

(2)

The persons and organisations are—

(a)

a marae committee, whether incorporated or not, established for the purpose of managing or operating a marae:

(b)

a Maori Committee constituted by or under the Maori Community Development Act 1962:

(c)

a runanga, whether incorporated or not:

(d)

a Maori Trust Board within the meaning of the Maori Trust Boards Act 1955.

Compare: SR 1986/221 r 27A(1), (2)

51 Issue of authorisation by authorised representative

(1)

An authorisation issued by an authorised representative specified in regulation 50(2)

(a)

must be in the form set out in Schedule 5; and

(b)

must state the conditions (if any) that relate to the taking of the fish, aquatic life, or seaweed; and

(c)

may be issued only by an individual who is an authorised representative of the person or organisation; and

(d)

may not be issued by an authorised representative unless the authorised representative’s name and contact details have been notified to the nearest office of the Ministry for Primary Industries.

(2)

An authorised representative may not issue an authorisation—

(a)

unless the person or organisation for whom he or she is the authorised representative represents the tangata whenua of the area to which the authorisation relates; and

(b)

if a Tangata Kaitiaki/Tiaki or Tangata Tiaki/Kaitiaki has been appointed under the Fisheries (Kaimoana Customary Fishing) Regulations 1998 or the Fisheries (South Island Customary Fishing) Regulations 1999 for the area to which the authorisation relates; and

(c)

unless the authorised representative is satisfied that the fish, aquatic life, or seaweed to be taken under the authorisation will be taken for a purpose that is neither commercial in any way nor for pecuniary gain or trade.

(3)

An authorised representative who issues an authorisation must—

(a)

give the authorisation a unique sequential number; and

(b)

record on the authorisation the date and time the fish, aquatic life, or seaweed is to be taken; and

(c)

complete all parts of the authorisation unless the authorisation expressly provides otherwise; and

(d)

keep a copy of the authorisation and produce the copy to a fishery officer if required to do so.

(4)

An authorisation issued by an authorised representative expires at the end of 48 hours after the date and time recorded on it under subclause (3)(b).

(5)

A person contravenes this subclause if—

(a)

the person is not an authorised representative and purports to issue an authorisation as if he or she were an authorised representative; or

(b)

the person is an authorised representative and—

(i)

issues an authorisation in breach of subclause (1), (2), or (4); or

(ii)

fails to comply with subclause (3).

(6)

A person who contravenes subclause (5) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/221 r 27A(3)–(7)

52 Fish, aquatic life, or seaweed taken for approved traditional non-commercial fishing use

(1)

These regulations and any other regulations made under the Act that relate to amateur fishing and impose restrictions on the taking of fish, aquatic life, or seaweed do not apply if the fish, aquatic life, or seaweed is taken—

(a)

for the purposes of a traditional non-commercial fishing use approved by the chief executive; and

(b)

in accordance with any conditions that are considered by the chief executive to be necessary for the overall conservation and management of the fishery concerned.

(2)

The chief executive may, in writing, delegate the power to approve a traditional non-commercial fishing use under subclause (1)(a) to 1 or more of the following:

(a)

a Maori Committee constituted by or under the Maori Community Development Act 1962:

(b)

a marae committee that is an incorporated society under the Incorporated Societies Act 1908:

(c)

any kaitiaki of the tangata whenua.

Compare: SR 1986/221 r 27

Subpart 6—Amateur-fishing charter vessels

53 Registration of amateur-fishing charter vessel operator

(1)

A person must not commence or continue operating as an amateur-fishing charter vessel operator unless the person is registered by the chief executive as an amateur-fishing charter vessel operator.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

(3)

The chief executive must register a person as an amateur-fishing charter vessel operator on presentation of a properly completed application on an approved form accompanied by the appropriate fee specified in subclause (4).

(4)

The application fee is—

(a)

$54, if the application is made in writing; or

(b)

$27, if the application is made electronically.

(5)

The registration of a person as an amateur-fishing charter vessel operator expires at the close of the day that is 1 year after the date on which the person is registered.

(6)

However, a person’s registration does not expire under subclause (5) until the chief executive has decided whether to re-register the person if the person has, not later than 1 month before the person’s registration expires, applied to be re-registered and, at the date on which the registration would otherwise expire under subclause (5), the chief executive has not decided whether to re-register the person.

(7)

The chief executive may revoke the registration of a person as an amateur-fishing charter vessel operator if the person persistently fails to comply with the reporting obligations under regulation 54, but must not do so before giving the person—

(a)

notice in writing of the chief executive’s intention to do so; and

(b)

a reasonable opportunity to comply with the reporting obligations that have not been complied with.

(8)

The chief executive may revoke the registration of a person as an amateur-fishing charter vessel operator if the person is subject to a current prohibition order relating to fishing made by the court.

Compare: SR 1986/221 r 26A

54 Reporting obligations of amateur-fishing charter vessel operator

(1)

An amateur-fishing charter vessel operator must provide information to the chief executive in accordance with this regulation.

(2)

The information—

(a)

to be provided is the information specified for the purposes of this regulation by the chief executive by notice in the Gazette; and

(b)

must be provided in the form and at the times specified by the chief executive in the notice given under paragraph (a).

(3)

A person who contravenes subclause (1) or (2) commits an offence and is liable on conviction to a fine not exceeding $10,000.

(4)

The information that may be required by a notice under subclause (2)(a) is information about the fishing activities of an amateur-fishing charter vessel operator, including (but not limited to)—

(a)

details of the vessel being used; and

(b)

where fishing has taken place and its duration; and

(c)

the species and quantity of fish taken.

(5)

Before issuing, amending, or revoking a notice given under subclause (2)(a), the chief executive must consult any organisations that the chief executive considers to be representative of the persons likely to be substantially affected by the notice.

Compare: SR 1986/221 r 26B

Part 3 Auckland and Kermadec FMA

Subpart 1—Daily limits

55 Combined daily limit for fish (including individual species limits) in Auckland and Kermadec FMA

(1)

A person must not, on any day,—

(a)

take more than a total quantity of 20 fish of those species specified in Schedule 6 (the combined daily limit for fish) from the Auckland and Kermadec FMA; or

(b)

possess more than the combined daily limit for fish in the Auckland and Kermadec FMA; or

(c)

possess more than the combined daily limit for fish taken from within the Auckland and Kermadec FMA.

(2)

A person must not, on any day,—

(a)

take more than 5 bluenose (the daily limit for bluenose) from the Auckland FMA; or

(b)

possess more than the daily limit for bluenose in the Auckland FMA; or

(c)

possess more than the daily limit for bluenose taken from within the Auckland FMA.

(3)

A person contravenes this subclause if the person, on any day, takes or possesses more than the combined daily limit for fish or the daily limit for bluenose, but not more than 3 times that daily limit.

(4)

A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times—

(a)

the combined daily limit for fish; or

(b)

the daily limit for bluenose.

(5)

A person who contravenes—

(a)

subclause (3) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (4) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1986/222 r 3A(1), (2), (2A), (8), (9)

56 Combined daily limit for hapuku/bass and kingfish

(1)

A person must not, on any day,—

(a)

take more than a total quantity of 5 hapuku/bass and kingfish from the Auckland and Kermadec FMA (the combined daily limit for hapuku/bass and kingfish); or

(b)

possess more than the combined daily limit for hapuku/bass and kingfish in the Auckland and Kermadec FMA; or

(c)

possess more than the combined daily limit for hapuku/bass and kingfish taken from within the Auckland and Kermadec FMA.

(2)

A person contravenes this subclause if the person, on any day, takes or possesses more than the combined daily limit for hapuku/bass and kingfish, but not more than 3 times that daily limit.

(3)

A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the combined daily limit for hapuku/bass and kingfish.

(4)

A person who contravenes—

(a)

subclause (2) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (3) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1986/222 r 3A(4), (8), (9)

57 Daily limit for kingfish

(1)

A person must not, on any day,—

(a)

take more than 3 kingfish (the daily limit for kingfish) from the Auckland and Kermadec FMA; or

(b)

possess more than the daily limit for kingfish in the Auckland and Kermadec FMA; or

(c)

possess more than the daily limit for kingfish taken from within the Auckland and Kermadec FMA.

(2)

A person contravenes this subclause if the person, on any day, takes or possesses more than the daily limit for kingfish, but not more than 3 times that daily limit.

(3)

A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the daily limit for kingfish.

(4)

A person who contravenes—

(a)

subclause (2) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (3) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1986/222 r 3A(5), (8), (9)

58 Daily limit for grey mullet

(1)

A person must not, on any day,—

(a)

take more than 30 grey mullet (the daily limit for grey mullet) from the Auckland and Kermadec FMA; or

(b)

possess more than the daily limit for grey mullet in the Auckland and Kermadec FMA; or

(c)

possess more than the daily limit for grey mullet taken from within the Auckland and Kermadec FMA.

(2)

A person contravenes this subclause if the person, on any day, takes or possesses more than the daily limit for grey mullet, but not more than 3 times that daily limit.

(3)

A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the daily limit for grey mullet.

(4)

A person who contravenes—

(a)

subclause (2) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (3) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1986/222 r 3A(3), (8), (9)

59 Daily limit for snapper

(1)

A person must not, on any day,—

(a)

take more than 15 snapper (the daily limit for snapper) from the Auckland and Kermadec FMA; or

(b)

possess more than the daily limit for snapper in the Auckland and Kermadec FMA; or

(c)

possess more than the daily limit for snapper taken from within the Auckland and Kermadec FMA.

(2)

Despite subclause (1), a person must not, on any day,—

(a)

take more than 10 snapper (the daily limit for snapper for the Auckland (West) FMA) from the Auckland (West) FMA; or

(b)

possess more than the daily limit for snapper for the Auckland (West) FMA in that area; or

(c)

possess more than the daily limit for snapper for the Auckland (West) FMA taken from within that area.

(3)

Despite subclause (1), a person must not, on any day,—

(a)

take more than 7 snapper (the daily limit for snapper for the Auckland (East) FMA) from the Auckland (East) FMA; or

(b)

possess more than the daily limit for snapper for the Auckland (East) FMA in that area; or

(c)

possess more than the daily limit for snapper for the Auckland (East) FMA taken from within that area.

(4)

A person contravenes this subclause if the person, on any day, takes or possesses more than the daily limit for snapper, the daily limit for snapper for the Auckland (West) FMA, or the daily limit for snapper for the Auckland (East) FMA, but not more than 3 times that daily limit.

(5)

A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times—

(a)

the daily limit for snapper; or

(b)

the daily limit for snapper for the Auckland (West) FMA; or

(c)

the daily limit for snapper for the Auckland (East) FMA.

(6)

A person who contravenes—

(a)

subclause (4) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (5) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1986/222 r 3A(6A)–(9)

Regulation 59(3)(a): amended, on 1 April 2014, by regulation 5 of the Fisheries (Amateur Fishing) Amendment Regulations 2014 (LI 2014/16).

60 Daily limit for shellfish in Auckland Coromandel area

(1)

A person must not, on any day,—

(a)

take more than the daily limit for a species of shellfish listed in subclause (2) (the daily limit for a species of shellfish) from the Auckland Coromandel area; or

(b)

possess more than the daily limit for a species of shellfish in the Auckland Coromandel area; or

(c)

possess more than the daily limit for a species of shellfish taken from within the Auckland Coromandel area.

(2)

The daily limits and species are—

(a)

50 cockles:

(b)

25 green-lipped mussels:

(c)

100 oysters (Pacific oyster or rock oyster):

(d)

50 pipi:

(e)

50 tuatua.

(3)

A person contravenes this subclause if the person, on any day, takes or possesses more than the daily limit for a species of shellfish from or in the Auckland Coromandel area, but not more than 3 times that daily limit.

(4)

A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the daily limit for a species of shellfish from or in the Auckland Coromandel area.

(5)

A person who contravenes—

(a)

subclause (3) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (4) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1986/222 r 3AB

61 Daily limit for green-lipped mussels in Maketu taiapure

(1)

A person must not, on any day,—

(a)

take more than 25 green-lipped mussels (the daily limit for green-lipped mussels) from the Maketu taiapure; or

(b)

possess more than the daily limit for green-lipped mussels in the Maketu taiapure; or

(c)

possess more than the daily limit for green-lipped mussels taken from within the Maketu taiapure.

(2)

A person contravenes this subclause if the person, on any day, takes or possesses more than the daily limit for green-lipped mussels from or in the Maketu taiapure, but not more than 3 times that daily limit.

(3)

A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the daily limit for green-lipped mussels from or in the Maketu taiapure.

(4)

A person who contravenes—

(a)

subclause (2) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (3) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1986/222 r 3AC

Subpart 2—Minimum species length and net mesh size

Species length

62 Minimum length for snapper

(1)

A person must not—

(a)

take any snapper that is less than 27 cm in length from the Auckland (West) FMA or the Kermadec FMA; or

(b)

possess any snapper that is less than 27 cm in length taken from within the Auckland (West) FMA or the Kermadec FMA.

(2)

A person must not—

(a)

take any snapper that is less than 30 cm in length from the Auckland (East) FMA; or

(b)

possess any snapper that is less than 30 cm in length taken from within the Auckland (East) FMA.

(3)

A person who contravenes subclause (1) or (2) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/222 r 3C

Regulation 62: replaced, on 1 April 2014, by regulation 6 of the Fisheries (Amateur Fishing) Amendment Regulations 2014 (LI 2014/16).

63 Minimum length for blue cod

(1)

A person must not—

(a)

take any blue cod that is less than 30 cm in length from the Auckland FMA; or

(b)

possess any blue cod that is less than 30 cm in length taken from within the Auckland FMA.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/222 r 3D

Net mesh size

64 Minimum net mesh size

(1)

A person must not, on any day, use or possess a set net to take a species of fish specified in the first column of the table in Part 2 of Schedule 3 in the Auckland and Kermadec FMA unless the mesh of the net is at least the minimum size specified for that species in the second column of that table.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/222 r 3B

Subpart 3—Restrictions and prohibitions

Restrictions and prohibitions relating to species

65 Restriction on taking or possessing scallops from Auckland (East) FMA or Auckland (West) FMA during closed season

(1)

A person must not, during the closed season,—

(a)

take any scallops from Auckland (East) FMA or Auckland (West) FMA; or

(b)

possess any scallops that were taken from within Auckland (East) FMA or Auckland (West) FMA.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

(3)

In subclause (1), closed season means the period beginning on 1 April in each year and ending with the close of 31 August in that year.

Compare: SR 1986/222 r 8

66 Restrictions relating to Māori oyster fisheries

(1)

A person who is not a Māori must not take oysters from any of the following areas:

(a)

all that part of the foreshore surrounding the area of land known as Jones Peninsula in Whangaroa Harbour:

(b)

all that part of the foreshore of Whangaroa Harbour commencing at a point approximately 0.8 km from the easternmost point of Middle Head; then following the coastline in a northerly and westerly direction for approximately 1.6 km; then in an easterly direction for approximately 0.8 km:

(c)

that part of the foreshore of the Mongonui Inlet of the Bay of Islands fronting the Toatoa and Te Mamaku Blocks:

(d)

that part of Whangaruru Harbour inside a straight line drawn from Kerikeri Point to Tokitoki Point:

(e)

the following parts of Kaipara Harbour:

(i)

the Arapaoa River between Wakaiti and Tahupo Creek:

(ii)

the Arapaoa and Otamatea Rivers between Te Kopua Point and Waipako:

(iii)

the Otamatea River between Batley Wharf and Tanoa Point:

(iv)

Paparoa Point and Onoke Point:

(v)

the Oruawharo River between Raekau Wharf and Waingopai Creek:

(vi)

the Northern Wairoa River between Pouto Wharf and Sail Point:

(f)

the portions of the tidal waters at the Needles, Waiuku, in Manukau Harbour.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/222 r 9

67 Prohibition on taking or possessing spotted black groper

(1)

A person must not—

(a)

take any spotted black groper from the Auckland and Kermadec FMA; or

(b)

possess any spotted black groper taken from within the Auckland and Kermadec FMA.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/222 r 10

68 Prohibition on taking or possessing fish from part of Manukau Harbour

(1)

A person must not—

(a)

take any fish from part of Manukau Harbour; or

(b)

possess any fish taken from within part of Manukau Harbour.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/222 r 4

69 Restrictions on taking fish from Mimiwhangata Peninsula area

(1)

A person must not take a species of fish specified in subclause (2) from the Mimiwhangata Peninsula area unless 1 of the following fishing methods is used:

(a)

a line, but only if the line does not have more than 1 hook attached to it and the line is not weighted in any way:

(b)

trolling:

(c)

a spear:

(d)

hand-gathering:

(e)

potting, but only if 1 pot per person or vessel is used in the area.

(2)

The species are—

(a)

barracouta:

(b)

billfish:

(c)

blue maomao:

(d)

flatfish:

(e)

garfish:

(f)

green-lipped mussel:

(g)

gurnard:

(h)

kahawai:

(i)

kina:

(j)

kingfish:

(k)

mackerel:

(l)

rock lobster:

(m)

scallop:

(n)

shark:

(o)

snapper:

(p)

tarakihi:

(q)

trevally:

(r)

tuatua:

(s)

tuna:

(t)

yellow-eyed mullet.

(3)

A person contravenes subclause (1)(e) if the person uses, in person or from a vessel,—

(a)

2 rock lobster pots; or

(b)

3 rock lobster pots; or

(c)

more than 3 rock lobster pots.

(4)

A person who contravenes—

(a)

subclause (1)(a) to (d) or subclause (3)(a) or (b) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (3)(c) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1986/222 r 5

70 Prohibition on taking or possessing shellfish from Cheltenham Beach area

(1)

A person must not—

(a)

take any shellfish from the Cheltenham Beach area; or

(b)

possess any shellfish taken from within the Cheltenham Beach area.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/222 r 6D

71 Prohibition on taking or possessing shellfish from Karekare Beach area

(1)

A person must not—

(a)

take any shellfish from the Karekare Beach area; or

(b)

possess any shellfish taken from within the Karekare Beach area.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/222 r 6E

72 Prohibition on taking or possessing shellfish from Eastern Beach area

(1)

A person must not—

(a)

take any shellfish from the Eastern Beach area; or

(b)

possess any shellfish taken from within the Eastern Beach area.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/222 r 6F

73 Prohibition on taking or possessing finfish from waters near Motu River during closed season

(1)

A person must not, during the closed season,—

(a)

take any finfish from the waters near Motu River by any method, except hand-held line; or

(b)

possess any finfish taken from within the waters near Motu River by any method, except hand-held line.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

(3)

In subclause (1), closed season means the period beginning on 1 December in any year and ending with the close of 31 March in the following year.

Compare: SR 1986/222 r 7

Restrictions and prohibitions relating to fishing gear

74 Restriction on use of certain fishing gear within 1 nautical mile of Mayor Island (Tuhua)

(1)

A person must not use or possess a set net, or a line to which more than 3 hooks are attached, for fishing within 1 nautical mile seaward of the mean high-water mark of the coast of Mayor Island (Tuhua).

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/222 r 6A

75 Restrictions on use of certain fishing gear in Bay of Islands

(1)

A person must not use a net for fishing in any of the following waters:

(a)

Bird Rock:

(b)

Cape Brett:

(c)

Ninepin.

(2)

A person must not, at any time during the closed season, use or possess a set net or a set line for fishing in the Bay of Islands set net and set line closure area.

(3)

Subclause (2) does not apply to nets used for targeting grey mullet or flatfish.

(4)

A person who contravenes subclause (1) or (2) commits an offence and is liable on conviction to a fine not exceeding $10,000.

(5)

In subclause (2), closed season means the period beginning on 1 October in any year and ending with the close of 30 April in the following year.

Compare: SR 1986/222 r 6B(1)–(4)

76 Prohibition on using set net in certain areas

(1)

A person must not use a set net for fishing in the Auckland and Kermadec set net prohibition area.

(2)

A person must not use a set net in the Maunganui Bluff–Tirua Point set net prohibition area.

(3)

A person who contravenes—

(a)

subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (2) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1986/222 r 6C

Regulation 76(2): replaced, on 21 February 2014, by regulation 7 of the Fisheries (Amateur Fishing) Amendment Regulations 2014 (LI 2014/16).

77 Prohibition on using drift net in Port Waikato

(1)

A person must not use a drift net for fishing in Port Waikato.

(2)

A person who contravenes subclause (1) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1986/222 r 6CA

Part 4 Central FMA

Subpart 1—Daily limits

78 Combined daily limit for fish (including individual species limits) in Central FMA

(1)

A person must not, on any day,—

(a)

take more than a total quantity of 20 fish of those species specified in Schedule 7 (the combined daily limit for fish) from the Central FMA; or

(b)

possess more than the combined daily limit for fish in the Central FMA; or

(c)

possess more than the combined daily limit for fish taken from within the Central FMA.

(2)

A person must not, on any day,—

(a)

take more than 5 bluenose (the daily limit for bluenose) from the Central FMA; or

(b)

possess more than the daily limit for bluenose in the Central FMA; or

(c)

possess more than the daily limit for bluenose taken from within the Central FMA.

(3)

A person must not, on any day,—

(a)

take more than 10 blue cod (the daily limit for blue cod) from fishery management area 8–Central (Egmont); or

(b)

possess more than the daily limit for blue cod in that area; or

(c)

possess more than the daily limit for blue cod taken from within that area.

(4)

A person contravenes this subclause if the person, on any day, takes or possesses more than the combined daily limit for fish, the daily limit for bluenose, or the daily limit for blue cod, but not more than 3 times that daily limit.

(5)

A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times—

(a)

the combined daily limit for fish; or

(b)

the daily limit for bluenose; or

(c)

the daily limit for blue cod.

(6)

A person who contravenes—

(a)

subclause (4) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (5) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1986/223 r 3A(1), (2)-(2B), (6), (7)

79 Combined daily limit for hapuku/bass and kingfish

(1)

A person must not, on any day,—

(a)

take more than a total quantity of 5 hapuku/bass and kingfish (the combined daily limit for hapuku/bass and kingfish) from the Central FMA; or

(b)

possess more than the combined daily limit for hapuku/bass and kingfish in the Central FMA; or

(c)

possess more than the combined daily limit for hapuku/bass and kingfish taken from within the Central FMA.

(2)

A person contravenes this subclause if the person, on any day, takes or possesses more than the combined daily limit for hapuku/bass and kingfish, but not more than 3 times that daily limit.

(3)

A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the combined daily limit for hapuku/bass and kingfish.

(4)

A person who contravenes—

(a)

subclause (2) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (3) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1986/223 r 3A(4), (6), (7)

80 Daily limit for kingfish

(1)

A person must not, on any day,—

(a)

take more than 3 kingfish (the daily limit for kingfish) from the Central FMA; or

(b)

possess more than the daily limit for kingfish in the Central FMA; or

(c)

possess more than the daily limit for kingfish taken from within the Central FMA.

(2)

A person contravenes this subclause if the person, on any day, takes or possesses more than the daily limit for kingfish, but not more than 3 times that daily limit.

(3)

A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the daily limit for kingfish.

(4)

A person who contravenes—

(a)

subclause (2) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (3) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1986/223 r 3A(5)–(7)

81 Daily limit for snapper

(1)

A person must not, on any day,—

(a)

take more than 10 snapper (the daily limit for snapper) from the Central FMA; or

(b)

possess more than the daily limit for snapper in the Central FMA; or

(c)

possess more than the daily limit for snapper taken from within the Central FMA.

(2)

A person contravenes this subclause if the person, on any day, takes or possesses more than the daily limit for snapper, but not more than 3 times that daily limit.

(3)

A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the daily limit for snapper.

(4)

A person who contravenes—

(a)

subclause (2) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (3) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1986/223 r 3A(3), (6), (7)

Subpart 2—Minimum species length and net mesh size

Species length

82 Minimum length for snapper

(1)

A person must not—

(a)

take any snapper that is less than 27 cm in length from the Central FMA; or

(b)

possess any snapper that is less than 27 cm in length taken from within the Central FMA.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/223 r 4B

83 Minimum length for ordinary paua in Amateur Taranaki Paua Fishery area

(1)

A person must not take ordinary paua that is less than 85 mm in length from the Amateur Taranaki Paua Fishery area.

(2)

A person must not possess, inside the Amateur Taranaki Paua Fishery area, any ordinary paua that is less than 85 mm in length taken from that area.

(3)

A person must not possess, outside the Amateur Taranaki Paua Fishery area, any ordinary paua that is less than 125 mm in length taken from that area.

(4)

A person who contravenes subclause (1), (2), or (3) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/223 r 4C

Net mesh size

84 Minimum net mesh size

(1)

A person must not, on any day, use or possess a set net to take a species of fish specified in the first column of the table in Part 3 of Schedule 3 in the Central FMA unless the mesh of the net is at least the minimum size specified for that species in the second column of that table.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/222 r 3B

Subpart 3—Restrictions and prohibitions

Restrictions and prohibitions relating to species

85 Restriction on using net in Wairoa Hard

(1)

A person must not use a net for taking finfish from the Wairoa Hard.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/223 r 4

86 Restrictions on fishing in Sugar Loaf Islands prescribed area

(1)

A person must not use in the Sugar Loaf Islands prescribed area—

(a)

a net or set line for fishing:

(b)

a line that has more than 3 hooks for fishing.

(2)

A person must not possess any fishing gear in the Sugar Loaf Islands prescribed area that is not permitted to be used in that area unless the gear is stowed or sealed in such a manner that it cannot readily be used for fishing.

(3)

A person who contravenes subclause (1) or (2) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/223 r 5

Regulation 86: replaced, on 21 February 2014, by regulation 8 of the Fisheries (Amateur Fishing) Amendment Regulations 2014 (LI 2014/16).

87 Prohibition on taking eels from Lake Horowhenua and Hokio Stream

(1)

A person must not take eels from Lake Horowhenua or the Hokio Stream unless the person is exercising a fishing right referred to in section 18 of the Reserves and Other Lands Disposal Act 1956.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/223 r 3

Prohibitions relating to fishing gear

88 Prohibition on using set net in Pauatahanui Inlet

(1)

A person must not use a set net for fishing in Pauatahanui Inlet.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/223 r 4A

89 Prohibition on using set net in area of coast east of Cape Runaway

(1)

A person must not use a set net for fishing in the area of coast east of Cape Runaway.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/223 r 5B

90 Prohibition on using set net from Tirua Point to Pariokariwa Point

(1)

A person must not use a set net for fishing from Tirua Point to Pariokariwa Point.

(2)

A person who contravenes subclause (1) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1986/223 r 5C

91 Prohibition on fishing in Pukerua Bay except by hand-held line

(1)

A person must not take fish, aquatic life, or seaweed from Pukerua Bay except by hand-held line.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/223 r 5D

Part 5 Challenger FMA

Subpart 1—Daily limits

92 Combined daily limit for fish (including individual species limits) in Challenger FMA

(1)

A person must not, on any day,—

(a)

take more than a total quantity of 20 fish of those species specified in the table in Schedule 8 (the combined daily limit for fish) from the Challenger FMA; or

(b)

possess more than the combined daily limit for fish in the Challenger FMA; or

(c)

possess more than the combined daily limit for fish taken from within the Challenger FMA.

(2)

A person must not, on any day,—

(a)

take more than 5 bluenose (the daily limit for bluenose) from the Challenger FMA; or

(b)

possess more than the daily limit for bluenose in the Challenger FMA; or

(c)

possess more than the daily limit for bluenose taken from within the Challenger FMA.

(3)

A person must not, on any day,—

(a)

take more than 2 blue cod (the daily limit for blue cod for the Challenger (East) area) from the Challenger (East) area; or

(b)

possess more than the daily limit for blue cod for the Challenger (East) area in that area; or

(c)

possess more than the daily limit for blue cod for the Challenger (East) area taken from within that area.

(4)

[Revoked]

(5)

A person contravenes this subclause if the person, on any day, takes or possesses more than the combined daily limit for fish, the daily limit for bluenose, or the daily limit for blue cod for the Challenger (East) area, but not more than 3 times that daily limit.

(6)

A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times—

(a)

the combined daily limit for fish; or

(b)

the daily limit for bluenose; or

(c)

the daily limit for blue cod for the Challenger (East) area.

(7)

A person who contravenes—

(a)

subclause (5) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (6) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

(8)

It is a defence to a charge of contravening subclause (3)(b) or (c) if the defendant satisfies the court that—

(a)

the defendant possessed no more than 4 blue cod; and

(b)

the blue cod were not taken in breach of the regulations.

Compare: SR 1986/224 r 2B(1)–(3B), (8), (9)

Regulation 92(3)(a): amended, on 20 December 2015, by regulation 4(1) of the Fisheries (Amateur Fishing) Amendment Regulations 2015 (LI 2015/269).

Regulation 92(4): revoked, on 20 December 2015, by regulation 4(2) of the Fisheries (Amateur Fishing) Amendment Regulations 2015 (LI 2015/269).

Regulation 92(7)(b): amended, on 20 December 2015, by regulation 4(3) of the Fisheries (Amateur Fishing) Amendment Regulations 2015 (LI 2015/269).

Regulation 92(8)(a): amended, on 20 December 2015, by regulation 4(4) of the Fisheries (Amateur Fishing) Amendment Regulations 2015 (LI 2015/269).

93 Combined daily limit for hapuku/bass and kingfish

(1)

A person must not, on any day,—

(a)

take more than a total quantity of 5 hapuku/bass and kingfish (the combined daily limit for hapuku/bass and kingfish) from the Challenger FMA; or

(b)

possess more than the combined daily limit for hapuku/bass and kingfish in the Challenger FMA; or

(c)

possess more than the combined daily limit for hapuku/bass and kingfish taken from within the Challenger FMA.

(2)

A person contravenes this subclause if the person, on any day, takes or possesses more than the combined daily limit for hapuku/bass and kingfish, but not more than 3 times that daily limit.

(3)

A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the combined daily limit for hapuku/bass and kingfish.

(4)

A person who contravenes—

(a)

subclause (2) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (3) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1986/224 r 2B(6), (8), (9)

94 Daily limit for kingfish

(1)

A person must not, on any day,—

(a)

take more than 3 kingfish (the daily limit for kingfish) from the Challenger FMA; or

(b)

possess more than the daily limit for kingfish in the Challenger FMA; or

(c)

possess more than the daily limit for kingfish taken from within the Challenger FMA.

(2)

A person contravenes this subclause if the person, on any day, takes or possesses more than the daily limit for kingfish, but not more than 3 times that daily limit.

(3)

A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the daily limit for kingfish.

(4)

A person who contravenes—

(a)

subclause (2) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (3) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1986/224 r 2B(7)–(9)

95 Daily limit for snapper

(1)

A person must not, on any day,—

(a)

take more than 10 snapper (the daily limit for snapper) from the Challenger FMA; or

(b)

possess more than the daily limit for snapper in the Challenger FMA; or

(c)

possess more than the daily limit for snapper taken from within the Challenger FMA.

(2)

A person contravenes this subclause if the person, on any day, takes or possesses more than the daily limit for snapper, but not more than 3 times that daily limit.

(3)

A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the daily limit for snapper.

(4)

A person who contravenes—

(a)

subclause (2) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (3) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1986/224 r 2B(4), (8), (9)

96 Daily limit for snapper in Marlborough Sounds area

(1)

A person must not, on any day,—

(a)

take more than 3 snapper (the daily limit for snapper) from the Marlborough Sounds area; or

(b)

possess more than the daily limit for snapper in the Marlborough Sounds area; or

(c)

possess more than the daily limit for snapper taken from within the Marlborough Sounds area.

(2)

A person contravenes this subclause if the person, on any day, takes or possesses more than the daily limit for snapper, but not more than 3 times that daily limit.

(3)

A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the daily limit for snapper.

(4)

A person who contravenes—

(a)

subclause (2) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (3) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1986/224 r 2B(5), (8), (9)

97 Daily limit for scallops

(1)

A person must not, on any day,—

(a)

take more than 50 scallops (the daily limit for scallops) from the Challenger FMA; or

(b)

possess more than the daily limit for scallops in the Challenger FMA; or

(c)

possess more than the daily limit for scallops taken from within the Challenger FMA.

(2)

A person contravenes this subclause if the person, on any day, takes or possesses more than the daily limit for scallops, but not more than 3 times that daily limit.

(3)

A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the daily limit for scallops.

(4)

A person who contravenes—

(a)

subclause (2) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (3) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1986/224 r 3A

Subpart 2—Minimum species length and net mesh size

Species length

98 Minimum and maximum length for blue cod in Marlborough Sounds area
[Revoked]

Regulation 98: revoked, on 20 December 2015, by regulation 5 of the Fisheries (Amateur Fishing) Amendment Regulations 2015 (LI 2015/269).

99 Minimum length for blue cod in Challenger (East) area

(1)

A person must not—

(a)

take any blue cod that is less than 33 cm in length from the Challenger (East) area; or

(b)

possess any blue cod that is less than 33 cm in length in the Challenger (East) area.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/224 r 2D

Regulation 99(1)(a): amended, on 20 December 2015, by regulation 6 of the Fisheries (Amateur Fishing) Amendment Regulations 2015 (LI 2015/269).

Regulation 99(1)(b): amended, on 20 December 2015, by regulation 6 of the Fisheries (Amateur Fishing) Amendment Regulations 2015 (LI 2015/269).

100 Minimum length for sand flounder

(1)

A person must not—

(a)

take any sand flounder that is less than 25 cm in length from the Challenger FMA; or

(b)

possess any sand flounder that is less than 25 cm in length in the Challenger FMA.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/224 r 3C

101 Minimum length for scallops

(1)

A person must not—

(a)

take any scallop whose shell (whether entire, chipped, or broken) is less than 90 mm in length from the Challenger FMA; or

(b)

possess any scallop whose shell (whether entire, chipped, or broken) is less than 90 mm in length that has been taken from within the Challenger FMA.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/224 r 3A(2)

Net mesh size

102 Minimum net mesh size

(1)

A person must not, on any day, use or possess a set net to take a species of fish specified in the first column of the table in Part 4 of Schedule 3 in the Challenger FMA unless the mesh of the net is at least the minimum size specified for that species in the second column of that table.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/224 r 3B

Subpart 3—Authorisations, restrictions, and prohibitions

Authorisations

103 Pacific oysters

Despite regulation 27, a person may, on any day,—

(a)

take Pacific oysters from the Challenger FMA:

(b)

possess Pacific oysters taken from within the Challenger FMA.

Compare: SR 1986/224 r 4C

104 Dredge oysters

Despite regulation 27, a person may, on any day,—

(a)

take dredge oysters taken from the Challenger FMA:

(b)

possess dredge oysters taken from within the Challenger FMA.

Compare: SR 1986/224 r 4D

Restrictions and prohibitions relating to species

105 Prohibition on taking or possessing blue cod in Marlborough Sounds area during closed season

(1)

A person must not, during the closed season,—

(a)

take any blue cod from the Marlborough Sounds area; or

(b)

possess any blue cod in the Marlborough Sounds area; or

(c)

possess any blue cod taken from within the Marlborough Sounds area.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

(3)

It is a defence to a charge of contravening subclause (1)(b) if the defendant satisfies the court that the blue cod to which the charge relates were taken outside the Marlborough Sounds area.

(4)

In subclause (1), closed season means the period beginning on 1 September in each year and ending with the close of 19 December in that year.

Compare: SR 1986/224 r 2F

Regulation 105(2): amended, on 20 December 2015, by regulation 7(1) of the Fisheries (Amateur Fishing) Amendment Regulations 2015 (LI 2015/269).

Regulation 105(2): amended, on 20 December 2015, by regulation 7(2) of the Fisheries (Amateur Fishing) Amendment Regulations 2015 (LI 2015/269).

106 Prohibition on taking finfish from Maud Island closed area

(1)

A person must not take any finfish from the Maud Island closed area.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/224 r 4AA

Regulation 106(2): amended, on 20 December 2015, by regulation 8(1) of the Fisheries (Amateur Fishing) Amendment Regulations 2015 (LI 2015/269).

Regulation 106(2): amended, on 20 December 2015, by regulation 8(2) of the Fisheries (Amateur Fishing) Amendment Regulations 2015 (LI 2015/269).

107 Restriction on possessing blue cod in Challenger (East) area

(1)

A person must not possess any blue cod in the Challenger (East) area unless it is in a whole or gutted state.

(2)

However, a person may possess blue cod in that area in another state if the blue cod is to be immediately eaten on the fishing vessel from which it was taken.

(3)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/224 r 2E

Regulation 107 heading: amended, on 20 December 2015, by regulation 9(1) of the Fisheries (Amateur Fishing) Amendment Regulations 2015 (LI 2015/269).

Regulation 107(1): amended, on 20 December 2015, by regulation 9(2) of the Fisheries (Amateur Fishing) Amendment Regulations 2015 (LI 2015/269).

Regulation 107(2): amended, on 20 December 2015, by regulation 9(3) of the Fisheries (Amateur Fishing) Amendment Regulations 2015 (LI 2015/269).

Regulation 107(3): amended, on 20 December 2015, by regulation 9(4) of the Fisheries (Amateur Fishing) Amendment Regulations 2015 (LI 2015/269).

Regulation 107(3): amended, on 20 December 2015, by regulation 9(5) of the Fisheries (Amateur Fishing) Amendment Regulations 2015 (LI 2015/269).

108 Restriction on taking finfish from Marlborough Sounds area

(1)

A person must not take any finfish from the Marlborough Sounds area using a rod and reel line, or a hand line, with more than 2 hooks attached to it.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/224 r 4B

109 Prohibition on taking finfish from Double Cove

(1)

A person must not take finfish from Double Cove.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/224 r 4

Restrictions and prohibitions relating to fishing gear

110 Restriction on using or possessing line in Pelorus Sound

(1)

A person must not use or possess a line in the waters of Pelorus Sound.

(2)

Subclause (1) does not apply if the person uses or possesses a rod and reel line or a hand line.

(3)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/224 r 4E

111 Prohibition on using or possessing set net in part Pelorus Sound or Croisilles Harbour

(1)

A person must not use or possess a set net having a mesh size of, or greater than, 100 mm in part Pelorus Sound or Croisilles Harbour.

(2)

Subclause (1) does not apply to a set net that has—

(a)

a mesh size of not less than 100 mm; and

(b)

a total height not exceeding 9 meshes; and

(c)

its entire length in direct contact with the seabed.

(3)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/224 r 4A(1), (2)

112 Restriction on using or possessing set net in Kenepuru Sound

(1)

A person must not, during the closed season, use or possess a set net in the waters of Kenepuru Sound.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

(3)

In subclause (1), closed season means the period beginning on 1 October in any year and ending with the close of 31 March in the following year.

Compare: SR 1986/224 r 4A(3)

113 Restriction on using set net in waters from Clarence Point to Cape Jackson

(1)

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

(2)

A person who contravenes subclause (1) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

(3)

This regulation is subject to regulations 115 and 116.

Compare: SR 1986/224 r 4AB

114 Restriction on using set net in waters from Farewell Spit lighthouse to Awarua Point

(1)

A person must not use a set net for fishing in the waters from Farewell Spit lighthouse to Awarua Point.

(2)

A person who contravenes subclause (1) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1986/224 r 4AD

115 Restriction on using set net in waters of inner Queen Charlotte Sound

(1)

Despite regulation 113, a person may use a set net for fishing in the waters of the inner Queen Charlotte Sound, but only if 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.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/224 r 4AC

116 Restriction on using set net in waters from Needles Point to Cape Jackson

(1)

Despite regulation 113, a person may use a set net in the waters from Needles Point to Cape Jackson, but only if—

(a)

the set net is used during the period beginning on 1 January in each year and ending on the close of 30 April in that 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)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/224 r 4AAC

Part 6 South-East FMA

Subpart 1—Daily limits

117 Combined daily limit for fish (including individual species limits) in South-East FMA

(1)

A person must not, on any day,—

(a)

take more than a total quantity of 30 fish of those species specified in the table in Schedule 9 (the combined daily limit for fish) from the South-East FMA; or

(b)

possess more than the combined daily limit for fish in the South-East FMA; or

(c)

possess more than the combined daily limit for fish taken from within the South-East FMA.

(2)

A person must not, on any day,—

(a)

take more than the individual limit for a species of fish specified in the table in Schedule 9 (the daily limit for a species of fish) from the South-East FMA; or

(b)

possess more than the daily limit for a species of fish in the South-East FMA; or

(c)

possess more than the daily limit for a species of fish taken from within the South-East FMA.

(3)

A person must not, on any day,—

(a)

take more than 10 blue cod (the daily limit for blue cod for the Kaikoura–North Canterbury area) from the Kaikoura–North Canterbury area; or

(b)

possess more than the daily limit for blue cod for the Kaikoura–North Canterbury area in that area; or

(c)

possess more than the daily limit for blue cod for the Kaikoura–North Canterbury area taken from within that area.

(4)

A person contravenes this subclause if the person, on any day, takes or possesses more than the combined daily limit for fish, the daily limit for a species of fish, or the daily limit for blue cod for the Kaikoura–North Canterbury area, but not more than 3 times that daily limit.

(5)

A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times—

(a)

the combined daily limit for fish; or

(b)

the daily limit for a species of fish; or

(c)

the daily limit for blue cod for the Kaikoura–North Canterbury area.

(6)

A person who contravenes—

(a)

subclause (4) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (5) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1986/225 r 3A(1)–(3A), (6), (7)

118 Combined daily limit for hapuku/bass and kingfish

(1)

A person must not, on any day,—

(a)

take more than a total quantity of 5 hapuku/bass and kingfish (the combined daily limit for hapku/bass and kingfish) from the South-East FMA; or

(b)

possess more than the combined daily limit for hapuku/bass and kingfish in the South-East FMA; or

(c)

possess more than the combined daily limit for hapuku/bass and kingfish taken from within the South-East FMA.

(2)

A person contravenes this subclause if the person, on any day, takes or possesses more than the combined daily limit for hapuku/bass and kingfish, but not more than 3 times that daily limit.

(3)

A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the combined daily limit for hapuku/bass and kingfish.

(4)

A person who contravenes—

(a)

subclause (2) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (3) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1986/225 r 3A(4), (6), (7)

119 Daily limit for kingfish

(1)

A person must not, on any day,—

(a)

take more than 3 kingfish (the daily limit for kingfish) from the South-East FMA; or

(b)

possess more than the daily limit for kingfish in the South-East FMA; or

(c)

possess more than the daily limit for kingfish taken from within the South-East FMA.

(2)

A person contravenes this subclause if the person, on any day, takes or possesses more than the daily limit for kingfish, but not more than 3 times that daily limit.

(3)

A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the daily limit for kingfish.

(4)

A person who contravenes—

(a)

subclause (2) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (3) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1986/225 r 3A(5)–(7)

East Otago taiapure

120 Daily limit for shellfish in East Otago taiapure

(1)

A person must not, on any day,—

(a)

take more than 50 shellfish (the daily limit for shellfish) from the East Otago taiapure; or

(b)

possess more than the daily limit for shellfish in the East Otago taiapure; or

(c)

possess more than the daily limit for shellfish taken from within the East Otago taiapure.

(2)

A person contravenes this subclause if the person, on any day, takes or possesses more than the daily limit for shellfish, but not more than 3 times that daily limit.

(3)

A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the daily limit for shellfish.

(4)

A person who contravenes—

(a)

subclause (2) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (3) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1986/225 r 6DD

121 Daily limits for paua and kina in East Otago taiapure

(1)

A person must not, on any day,—

(a)

take more than 10 kina (the daily limit for kina) from the East Otago taiapure; or

(b)

possess more than the daily limit for kina in the East Otago taiapure; or

(c)

possess more than the daily limit for kina taken from within the East Otago taiapure.

(2)

A person must not, on any day,—

(a)

take more than 5 paua (the daily limit for paua) from the East Otago taiapure; or

(b)

possess more than the daily limit for paua in the East Otago taiapure; or

(c)

possess more than the daily limit for paua taken from within the East Otago taiapure.

(3)

A person contravenes this subclause if the person, on any day, takes or possesses more than the daily limit for kina or the daily limit for paua, but not more than 3 times that daily limit.

(4)

A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times—

(a)

the daily limit for kina; or

(b)

the daily limit for paua.

(5)

A person who contravenes—

(a)

subclause (3) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (4) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1986/225 rr 6DB, 6DC

122 Daily limit for finfish in southern part of East Otago taiapure

(1)

A person must not, on any day,—

(a)

take more than 10 finfish (the daily limit for finfish) from the southern part of the East Otago taiapure; or

(b)

possess more than the daily limit for finfish in the southern part of the East Otago taiapure; or

(c)

possess more than the daily limit for finfish taken from within 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 daily limit for finfish, but not more than 3 times that daily limit.

(3)

A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the daily limit for finfish.

(4)

A person who contravenes—

(a)

subclause (2) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (3) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1986/225 r 3AB

Akaroa Harbour taiapure

123 Daily limits (including individual species limits) in Akaroa Harbour taiapure

(1)

A person must not, on any day,—

(a)

take more than the daily limit for a species of fish or shellfish specified in the table in Schedule 10 (the daily limit for a species of fish or shellfish) from the Akaroa Harbour taiapure; or

(b)

possess more than the daily limit for a species of fish or shellfish in the Akaroa Harbour taiapure; or

(c)

possess more than the daily limit for a species of fish or shellfish taken from within the Akaroa Harbour taiapure.

(2)

A person must not, on any day,—

(a)

take more than 10 finfish (the daily limit for finfish) from the Akaroa Harbour taiapure; or

(b)

possess more than the daily limit for finfish in the Akaroa Harbour taiapure; or

(c)

possess more than the daily limit for finfish taken from within the Akaroa Harbour taiapure.

(3)

A person contravenes this subclause if the person, on any day, takes or possesses more than the daily limit for a species of fish or shellfish or the daily limit for finfish, but not more than 3 times that daily limit.

(4)

A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times—

(a)

the daily limit for a species of fish or shellfish; or

(b)

the daily limit for finfish.

(5)

A person who contravenes—

(a)

subclause (3) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (4) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

(6)

This regulation overrides regulation 117.

Compare: SR 1986/225 r 6C(1)–(6)

Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area

Heading: inserted, on 8 August 2014, by section 29(2) of the Kaikōura (Te Tai o Marokura) Marine Management Act 2014 (2014 No 59).

123A Daily limits (including individual species limits) in Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area

(1)

A person must not, on any day,—

(a)

take more than the daily limit for a species of fish or shellfish specified in the table in Schedule 10A (the daily limit for a species of fish or shellfish) from Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area; or

(b)

possess more than the daily limit for a species of fish or shellfish in Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area; or

(c)

possess more than the daily limit for a species of fish or shellfish taken from within Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area).

(2)

A person must not, on any day,—

(a)

take more than a total quantity of 5 albacore, bluenose, hapuku/bass, kingfish, and ling (the combined daily limit for albacore, bluenose, hapuku/bass, kingfish, and ling) from Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area; or

(b)

possess more than the combined daily limit for albacore, bluenose, hapuku/bass, kingfish, and ling in Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area; or

(c)

possess more than the combined daily limit for albacore, bluenose, hapuku/bass, kingfish, and ling taken from within Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area.

(3)

A person must not, on any day,—

(a)

take more than a total quantity of 1 blue shark, hammerhead shark, mako shark, porbeagle shark, seven gill shark, and thresher shark (the combined daily limit for game sharks) from Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area; or

(b)

possess more than the combined daily limit for game sharks in Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area; or

(c)

possess more than the combined daily limit for game sharks taken from within Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area.

(4)

A person contravenes this subclause if the person, on any day, takes or possesses more than the daily limit for a species of fish or shellfish or the combined daily limit for albacore, bluenose, hapuku/bass, kingfish, and ling or the combined daily limit for game sharks, but not more than 3 times that daily limit.

(5)

A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times—

(a)

the daily limit for a species of fish or shellfish; or

(b)

the combined daily limit for albacore, bluenose, hapuku/bass, kingfish, and ling; or

(c)

the combined daily limit for game sharks.

(6)

A person who contravenes—

(a)

subclause (4) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (5) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Regulation 123A: inserted, on 8 August 2014, by section 29(2) of the Kaikōura (Te Tai o Marokura) Marine Management Act 2014 (2014 No 59).

123B Daily limits and restrictions on taking bladder kelp and karengo in Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area

(1)

A person must not, on any day,—

(a)

take more than 5 litres of wet volume of bladder kelp (the daily limit for bladder kelp) from Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area; or

(b)

possess more than the daily limit for bladder kelp in Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area; or

(c)

possess more than the daily limit for bladder kelp taken from within Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area.

(2)

A person must not, on any day,—

(a)

take more than 5 litres of wet volume of karengo (the daily limit for karengo) from Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area; or

(b)

possess more than the daily limit for karengo in Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area; or

(c)

possess more than the daily limit for karengo taken from within Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area.

(3)

A person contravenes this subclause if the person, on any day, takes or possesses more than the daily limit for bladder kelp or the daily limit for karengo, but not more than 3 times that daily limit.

(4)

A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the daily limit for bladder kelp or the daily limit for karengo.

(5)

A person must not take bladder kelp or karengo from Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area by any method other than hand-gathering.

(6)

A person who contravenes—

(a)

subclause (3) or (5) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (4) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

(7)

In this regulation,—

5 litres of wet volume means the amount of fresh seaweed that fits into a 5-litre bucket

bladder kelp means seaweed of the species Macrocystis pyrifera

hand-gathering means the use of the hands to physically take seaweed

karengo means seaweed of either of the following genera:

(a)

Porphyra; or

(b)

Ulva.

Regulation 123B: inserted, on 8 August 2014, by section 29(2) of the Kaikōura (Te Tai o Marokura) Marine Management Act 2014 (2014 No 59).

Subpart 2—Minimum species length and net mesh size

Species length

124 Minimum length for blue cod

(1)

A person must not—

(a)

take any blue cod that is less than 30 cm in length from the South-East FMA; or

(b)

possess any blue cod that is less than 30 cm in length taken from within the South-East FMA.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/225 r 3C

125 Minimum length for quinnat salmon taken from Otago Harbour

(1)

A person must not—

(a)

take any quinnat salmon that is less than 45 cm in length from Otago Harbour; or

(b)

possess any quinnat salmon that is less than 45 cm in length taken from within Otago Harbour.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/225 r 6B

125A Minimum lengths for blue cod and sea perch taken from Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area

(1)

A person must not—

(a)

take any blue cod that is less than 33 cm in length from Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area; or

(b)

possess any blue cod that is less than 33 cm in length taken from within Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area.

(2)

A person must not—

(a)

take any sea perch that is less than 26 cm in length from Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area; or

(b)

possess any sea perch that is less than 26 cm in length taken from within Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area.

(3)

A person who contravenes subclause (1) or (2) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Regulation 125A: inserted, on 8 August 2014, by section 29(2) of the Kaikōura (Te Tai o Marokura) Marine Management Act 2014 (2014 No 59).

Net mesh size

126 Minimum net mesh size

(1)

A person must not, on any day, use or possess a set net to take a species of fish specified in the first column of the table in Part 5 of Schedule 3 in the South-East FMA unless the mesh size of the net is at least the minimum size specified for that species in the second column of that table.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/225 r 3B

Subpart 3—Authorisation, restrictions, and prohibitions

Authorisation

127 Hand-gathering of dredge oyster

Despite regulations 19 and 27, a person may, at any time,—

(a)

take dredge oysters from the South-East FMA (except the waters surrounding the Chatham Islands) by the method of hand-gathering regardless of the size of the dredge oysters; and

(b)

possess dredge oysters taken from within that area by that method.

Compare: SR 1986/225 r 7C

Restrictions and prohibitions relating to species

128 Restriction on taking eels from Lake Forsyth

(1)

A person who does not belong to the Ngai Tahu iwi must not take eels from Lake Forsyth.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

(3)

In subclause (1), Ngai Tahu iwi means the collective of those individuals who descend from the primary hapu of Ngai Tahu and Ngati Mamoe, namely, Kati Kuri, Kati Irakehu, Kati Huirapa, Ngai Tuahuriri, and Kai Te Ruahikihiki.

Compare: SR 1986/225 r 7

129 Restriction on taking rock lobster from Chatham Islands rock lobster fishery during closed season

(1)

A person must not, during the closed season,—

(a)

take any rock lobster from the Chatham Islands rock lobster fishery; or

(b)

fish using any rock lobster pot in the Chatham Islands rock lobster fishery; or

(c)

possess any rock lobster taken from within the Chatham Islands rock lobster fishery.

(2)

A person contravenes this subclause if the person, on any day, takes or possesses any rock lobsters in contravention of subclause (1), but not more than 6 rock lobsters.

(3)

A person contravenes this subclause if the person, on any day, takes or possesses more than 6 rock lobsters in contravention of subclause (1).

(4)

A person who contravenes—

(a)

subclause (1)(b) or (2) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (3) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

(5)

In subclause (1), closed season means the period beginning on 1 March in each year and ending with the close of 30 April in that year.

Compare: SR 1986/225 r 7B

130 Prohibition on taking or possessing shellfish from Onawe Peninsula marine area

(1)

A person must not—

(a)

take any shellfish from the Onawe Peninsula marine area; or

(b)

possess any shellfish in the Onawe Peninsula marine area; or

(c)

possess any shellfish taken from within the Onawe Peninsula marine area.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/225 r 6DA

131 Prohibition on taking or possessing red coral

(1)

A person must not—

(a)

take any red coral from the South-East FMA; or

(b)

possess any red coral taken from within the South-East FMA.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/225 r 6F

132 Prohibition on taking or possessing sea horse from Akaroa Harbour taiapure

(1)

A person must not—

(a)

take any sea horse from the Akaroa Harbour taiapure; or

(b)

possess any sea horse in the Akaroa Harbour taiapure; or

(c)

possess any sea horse taken from within the Akaroa Harbour taiapure.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/225 r 6D

132A Prohibition on taking or possessing red moki from Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area

(1)

A person must not—

(a)

take any red moki from Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area; or

(b)

possess any red moki in Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area; or

(c)

possess any red moki taken from within Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Regulation 132A: inserted, on 8 August 2014, by section 29(2) of the Kaikōura (Te Tai o Marokura) Marine Management Act 2014 (2014 No 59).

132B Requirement to mark spiny rock lobsters taken from Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area

(1)

A person who takes any spiny rock lobster from Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area must, on taking the spiny rock lobster, cut one-third of the telson off the tail fan of the spiny rock lobster.

(2)

A person must not possess any spiny rock lobster taken from within Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area if the spiny rock lobster has not had one-third of the telson cut off its tail fan.

(3)

A person who contravenes subclause (1) or (2) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Regulation 132B: inserted, on 8 August 2014, by section 29(2) of the Kaikōura (Te Tai o Marokura) Marine Management Act 2014 (2014 No 59).

Restrictions and prohibitions relating to fishing gear

133 Restriction on net mesh size for taking finfish from Lake Ellesmere (Te Waihora)

(1)

A person must not take finfish (except herring) using a net that has a mesh size of less than 100 mm from Lake Ellesmere (Te Waihora).

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/225 r 5

134 Restriction on using set net in East Otago taiapure

(1)

A person using a set net in the East Otago taiapure must, at all times, remain in the immediate vicinity of the set net.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

(3)

Subclause (1) does not authorise the use of a set net in the area of—

(a)

Clarence Point to Slope Point; or

(b)

the waters listed in regulation 138(1).

Compare: SR 1986/225 rr 3E, 6E

135 Restriction on using net near Lake Ellesmere (Te Waihora)

(1)

A person must not—

(a)

use a net to take finfish in any river or stream flowing into Lake Ellesmere (Te Waihora); or

(b)

use any net for taking finfish in the waters of Lake Ellesmere (Te Waihora) that lie in an arc of a circle having a radius of 1.2 km around the centre of the mouth of Irwell River, Harts Creek, Selwyn River, No 2 Drain, or Halswell River; the points where that circular arc meets the shore of the lake being indicated in each case by posts painted with alternate black and yellow bands, such bands being approximately 30 cm in height, each such post being surmounted by a triangular plate, painted yellow.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

(3)

Subclause (1)(a) does not apply to a net used in accordance with—

(b)

an Anglers Notice made under section 26R of the Conservation Act 1987 and in force for the time being.

(4)

For the purposes of subclause (1), the mouth of a river or stream is the place where the waters of the river or stream meet the waters of the lake and, if the river or stream has more than 1 mouth, includes every outlet of the river or stream and the shore of the lake between those outlets.

Compare: SR 1986/225 r 6

136 Restriction on using drag net in Akaroa Harbour and Lyttelton Harbour (Whakaraupo)

(1)

A person may use a drag net in Akaroa Harbour or Lyttelton Harbour (Whakaraupo), or possess a drag net in or adjacent to those waters, but only if—

(a)

the net length does not exceed 40 m; and

(b)

the total warp length does not exceed 600 m.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/225 r 6A

137 Prohibition on using set net in area from Clarence Point to Slope Point

(1)

A person must not use a set net for fishing in the area from Clarence Point to Slope Point.

(2)

However, a person may use a flatfish set net in the waters specified in subclause (3), but only during the period beginning on 1 April in each year and ending with the close of 30 September in that year.

(3)

The waters are—

(a)

inner Akaroa Harbour:

(b)

inner Lyttelton Harbour (Whakaraupo):

(c)

inner Pigeon Bay:

(d)

inner Port Levy.

(4)

A person who contravenes subclause (1) or (2) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1986/225 rr 6E, 6EA

138 Other set net prohibitions

(1)

A person must not use a set net for fishing in any of the following waters:

(a)

Catlins Lake:

(b)

the Estuary of the Heathcote and Avon (Ōtākaro) Rivers Ihutai:

(c)

Port Chalmers Area:

(d)

Upper Otago Harbour.

(2)

A person who contravenes—

(a)

subclause (1)(a), (c), or (d) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (1)(b) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1986/225 rr 3D, 6E(1A)

139 Prohibition on using net in specified waters of North Canterbury

(1)

A person must not use a net (except a fyke net) to take finfish from the Kaiapoi River or its tributaries upstream from the Williams Street Bridge.

(2)

A person must not use a net (except a fyke net) to take finfish from the waters specified in subclause (3) during the period beginning on 1 February in each year and ending with the close of 30 April in that year.

(3)

The waters are—

(a)

the Kaiapoi River or its tributaries downstream from the Williams Street Bridge:

(b)

that part of the Waimakariri River lying in straight lines drawn from the site of a white post on the north bank of the Waimakariri River 200 m downstream of the mouth of the Kaiapoi River, to the site of a white post on the south bank of the Waimakariri River; then by straight line to the site of a white post on the north bank of the Waimakariri River 200 m upstream of the mouth of the Kaiapoi River (the post on the south bank being situated approximately midway between the 2 posts on the north bank).

(4)

A person who contravenes subclause (1) or (2) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/225 r 4

140 Prohibition on using drag net in Catlins Lake

(1)

A person must not use a drag net in Catlins Lake.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1986/225 r 6G

Part 7 Southland and Sub-Antarctic FMA

Subpart 1—Daily limits

141 Combined daily limit for fish (including individual species limits) in Southland and Sub-Antarctic FMA

(1)

Subject to subclause (2), a person must not, on any day,—

(a)

take more than a total quantity of 30 fish of those species specified in the table in Schedule 11 (the combined daily limit for fish) from the Southland and Sub-Antarctic FMA; or

(b)

possess more than the combined daily limit for fish in the Southland and Sub-Antarctic FMA; or

(c)

possess more than the combined daily limit for fish taken from within the Southland and Sub-Antarctic FMA.

(2)

The total quantity specified in subclause (1) includes any hapuku/bass or any sea perch taken or possessed in accordance with—

(a)

regulation 146 (which specifies daily limits for the Fiordland (Te Moana o Atawhenua) marine area:

(b)

regulation 147 (which specifies daily limits for the internal waters of Fiordland).

(3)

A person must not, on any day,—

(a)

take more than the individual limit for a species of fish specified in the table in Schedule 11 (the daily limit for a species of fish) from the Southland and Sub-Antarctic FMA; or

(b)

possess more than the daily limit for a species of fish in the Southland and Sub-Antarctic FMA; or

(c)

possess more than the daily limit for a species of fish taken from within the Southland and Sub-Antarctic FMA.

(4)

A person must not, on any day,—

(a)

take more than 15 blue cod from Paterson Inlet (Whaka a Te Wera) (the daily limit for blue cod for Paterson Inlet (Whaka a Te Wera)); or

(b)

possess more than the daily limit for blue cod for Paterson Inlet (Whaka a Te Wera) in that area; or

(c)

possess more than the daily limit for blue cod for Paterson Inlet (Whaka a Te Wera) taken from that area.

(5)

A person contravenes this subclause if the person, on any day, takes or possesses more than the combined daily limit for fish, the daily limit for a species of fish, or the daily limit for blue cod for Paterson Inlet (Whaka a Te Wera), but not more than 3 times that daily limit.

(6)

A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times—

(a)

the combined daily limit for fish; or

(b)

the daily limit for a species of fish; or

(c)

the daily limit for blue cod for Paterson Inlet (Whaka a Te Wera).

(7)

A person who contravenes—

(a)

subclause (5) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (6) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1991/57 r 4(1)–(8)

142 Combined daily limit for hapuku/bass and kingfish

(1)

A person must not, on any day,—

(a)

take more than a total quantity of 5 hapuku/bass and kingfish (the combined daily limit for hapuku/bass and kingfish) from the Southland and Sub-Antarctic FMA; or

(b)

possess more than the combined daily limit for hapuku/bass and kingfish in the Southland and Sub-Antarctic FMA; or

(c)

possess more than the combined daily limit for hapuku/bass and kingfish taken from within the Southland and Sub-Antarctic FMA.

(2)

A person contravenes this subclause if the person, on any day, takes or possesses more than the combined daily limit for hapuku/bass and kingfish, but not more than 3 times that daily limit.

(3)

A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the combined daily limit for hapuku/bass and kingfish.

(4)

A person who contravenes—

(a)

subclause (2) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (3) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1991/57 r 4(4), (7), (8)

143 Daily limit for kingfish

(1)

A person must not, on any day,—

(a)

take more than 3 kingfish (the daily limit for kingfish) from the Southland and Sub-Antarctic FMA; or

(b)

possess more than the daily limit for kingfish in the Southland and Sub-Antarctic FMA; or

(c)

possess more than the daily limit for kingfish taken from within the Southland and Sub-Antarctic FMA.

(2)

A person contravenes this subclause if the person, on any day, takes or possesses more than the daily limit for kingfish, but not more than 3 times that daily limit.

(3)

A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the daily limit for kingfish.

(4)

A person who contravenes—

(a)

subclause (2) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (3) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1991/57 r 4(5), (7), (8)

144 Daily limit for mussels in Southland FMA

(1)

Despite regulation 12, a person must not, on any day,—

(a)

take more than 25 mussels (the daily limit for mussels) from the Southland FMA; or

(b)

possess more than the daily limit for mussels taken from within the Southland FMA.

(2)

Subclause (1) does not apply to the waters of Southland FMA south of the latitude 46°41.00′S.

(3)

A person contravenes this subclause if the person, on any day, takes or possesses more than the daily limit for mussels, but not more than 3 times that daily limit.

(4)

A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the daily limit for mussels.

(5)

A person who contravenes—

(a)

subclause (3) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (4) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1991/57 r 5B

145 Daily limit for scallops

(1)

Except during the period beginning on 1 October in any year and ending with the close of 15 March in the following year, a person must not—

(a)

take scallops from the Southland FMA; or

(b)

possess scallops taken from the Southland FMA.

(2)

A person contravenes this subclause if the person, in taking or being in possession of scallops in breach of subclause (1), takes or is in possession of not more than 10 scallops.

(3)

A person contravenes this subclause if the person, in taking or being in possession of scallops in breach of subclause (1), takes or is in possession of more than 10 scallops.

(4)

A person must not, on any day,—

(a)

take more than 10 scallops from the Southland and Sub-Antarctic FMA (the daily limit for scallops); or

(b)

possess more than the daily limit for scallops taken from within the Southland and Sub-Antarctic FMA.

(5)

A person contravenes this subclause if the person, on any day, takes or possesses more than the daily limit for scallops from or in the Southland and Sub-Antarctic FMA, but not more than 3 times that daily limit.

(6)

A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the daily limit for scallops from or in the Southland and Sub-Antarctic FMA.

(7)

A person who contravenes—

(a)

subclause (2) or (5) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (3) or (6) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1991/57 r 5

Fiordland (Te Moana o Atawhenua) marine area and internal waters of Fiordland

146 Daily limits in Fiordland (Te Moana o Atawhenua) marine area

(1)

A person must not, on any day,—

(a)

take more than the limit for a species of fish or shellfish specified in the table in Schedule 12 (the daily limit for a species of fish or shellfish) from the Fiordland (Te Moana o Atawhenua) marine area; or

(b)

possess more than the daily limit for a species of fish or shellfish taken from within the Fiordland (Te Moana o Atawhenua) marine area.

(2)

The maximum daily limits specified in the table set out in Schedule 12 are subject to the following conditions:

(a)

the maximum daily limits specified in the second column of the table include any fish taken from the internal waters of Fiordland in accordance with regulations 147 and 147A:

(b)

the maximum daily limit specified in the second column of the table in respect of blue cod is subject to the prohibition set out in regulation 149.

(3)

A person contravenes this subclause if the person, on any day, takes or possesses more than the daily limit for a species of fish or shellfish, but not more than 3 times that daily limit.

(4)

A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the daily limit for a species of fish or shellfish.

(5)

A person who contravenes—

(a)

subclause (3) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (4) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1991/57 r 4AA

Regulation 146(2)(a): amended, on 20 December 2015, by regulation 10 of the Fisheries (Amateur Fishing) Amendment Regulations 2015 (LI 2015/269).

147 Daily limits in internal waters of Fiordland

(1)

A person must not, on any day,—

(a)

take more than the limit for a species of fish or shellfish specified in the table in Schedule 13 (the daily limit for a species of fish or shellfish) from the internal waters of Fiordland; or

(b)

possess more than the daily limit for a species of fish or shellfish taken from within the internal waters of Fiordland.

(1A)

The maximum daily limit for rock lobster specified in the second column of Schedule 13 does not apply within the waters of Milford Sound (as described in the definition of the internal waters of Fiordland in Schedule 18), where the maximum daily limit of rock lobsters that may be taken or possessed is 3.

(2)

The maximum daily limit for blue cod specified in the second column of the table in Schedule 13 is subject to the limit specified in regulation 147A and the prohibition specified in regulation 149.

(3)

A person contravenes this subclause if the person, on any day, takes or possesses more than the daily limit for a species of fish or shellfish, but not more than 3 times that daily limit.

(4)

A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the daily limit for a species of fish or shellfish.

(5)

A person who contravenes—

(a)

subclause (3) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (4) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1991/57 r 4AA

Regulation 147(1A): inserted, on 21 February 2014, by regulation 9(1) of the Fisheries (Amateur Fishing) Amendment Regulations 2014 (LI 2014/16).

Regulation 147(2): amended, on 20 December 2015, by regulation 11 of the Fisheries (Amateur Fishing) Amendment Regulations 2015 (LI 2015/269).

Regulation 147(5)(a): amended, on 21 February 2014, by regulation 9(2) of the Fisheries (Amateur Fishing) Amendment Regulations 2014 (LI 2014/16).

Regulation 147(5)(b): amended, on 21 February 2014, by regulation 9(3) of the Fisheries (Amateur Fishing) Amendment Regulations 2014 (LI 2014/16).

147A Daily limit for blue cod in Doubtful (Patea), Thompson, and Bradshaw Sounds

(1)

A person must not, on any day,—

(a)

take more than 1 blue cod from the internal waters of the Sounds; or

(b)

possess more than 1 blue cod taken from the internal waters of the Sounds.

(2)

A person who contravenes subclause (1) by taking or possessing, on any day, more than 1 but not more than 3 blue cod from the internal waters of the Sounds commits an offence and is liable on conviction to a fine not exceeding $10,000.

(3)

A person who contravenes subclause (1) by taking or possessing, on any day, more than 3 blue cod from the internal waters of the Sounds commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

(4)

In this regulation, internal waters of the Sounds means the combined internal waters of Doubtful Sound (Patea), Thompson Sound, and Bradshaw Sound (as described in paragraphs (g) and (h) of the definition of the internal waters of Fiordland in clause 1(1) of Schedule 18).

Regulation 147A: inserted, on 20 December 2015, by regulation 12 of the Fisheries (Amateur Fishing) Amendment Regulations 2015 (LI 2015/269).

Subpart 2—Minimum net mesh size

148 Minimum net mesh size

(1)

A person must not, on any day, use or possess a set net to take a species of fish specified in the first column of the table in Part 6 of Schedule 3 in the Southland and Sub-Antarctic FMA unless the mesh size of the net used is at least the minimum size specified for that species in the second column of that table.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1991/57 r 4A

Subpart 3—Restrictions and prohibitions

Restrictions and prohibitions relating to species

149 Prohibition on taking or possessing blue cod from Milford Sound (Piopiotahi) blue cod closure area

(1)

A person must not—

(a)

take any blue cod from the Milford Sound (Piopiotahi) blue cod closure area; or

(b)

possess any blue cod taken from within the Milford Sound (Piopiotahi) blue cod closure area.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1991/57 r 3A(1)

Regulation 149 heading: amended, on 20 December 2015, by regulation 13 of the Fisheries (Amateur Fishing) Amendment Regulations 2015 (LI 2015/269).

Regulation 149(1)(a): amended, on 20 December 2015, by regulation 13 of the Fisheries (Amateur Fishing) Amendment Regulations 2015 (LI 2015/269).

Regulation 149(1)(b): amended, on 20 December 2015, by regulation 13 of the Fisheries (Amateur Fishing) Amendment Regulations 2015 (LI 2015/269).

150 Prohibition on taking or possessing red coral

(1)

A person must not—

(a)

take any red coral from the Southland and Sub-Antarctic FMA; or

(b)

possess any red coral taken from within the Southland and Sub-Antarctic FMA.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1991/57 r 6

Restrictions and prohibitions relating to fishing gear

151 Restrictions on lines and pots in Fiordland (Te Moana o Atawhenua) marine area and internal waters of Fiordland

(1)

A person in charge of a vessel in the Fiordland (Te Moana o Atawhenua) marine area or the internal waters of Fiordland 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 to it; and

(c)

not more than 3 rock lobster pots capable of being used to take rock lobsters 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, the vessel at any time.

(2)

A person must not, on any day,—

(a)

use or set a blue cod pot in the internal waters of Fiordland; or

(b)

possess, use, or set more than 3 rock lobster pots capable of being used to take rock lobsters in the Fiordland (Te Moana o Atawhenua) marine area; or

(c)

possess or use more than 1 rock lobster holding pot in the Fiordland (Te Moana o Atawhenua) marine area; or

(d)

use or set a rock lobster pot or rock lobster holding pot in Pendulo Reach, Doubtful Sound (Patea).

(3)

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

(4)

A person must not use, set, possess, or have on board any vessel or vehicle any rock lobster holding pot in 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 with the mark “HP1” for the first rock lobster holding pot and, if applicable, the mark “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 initials and surname and the mark “HP”.

(5)

A person who contravenes subclause (3) or (4) commits an offence and is liable on conviction to a fine not exceeding $10,000.

(6)

Subject to this regulation, a person may use or possess in the Fiordland (Te Moana o Atawhenua) marine area a rock lobster holding pot without the escape apertures required by regulation 45(1).

Compare: SR 1991/57 rr 4AAB, 5D

Regulation 151(2)(d): amended, on 20 December 2015, by regulation 14 of the Fisheries (Amateur Fishing) Amendment Regulations 2015 (LI 2015/269).

152 Restrictions on dredging in Foveaux Strait and Paterson Inlet (Whaka a Te Wera)

(1)

A person must not use or possess a dredge with a bar or bit that is more than 1 m in length in the following waters:

(a)

Foveaux Strait restricted dredging area: north-east coast of Ruapuke Island:

(b)

Foveaux Strait restricted dredging area: north-east coast of Stewart Island:

(c)

Foveaux Strait restricted dredging area: Paterson Inlet (Whaka a Te Wera), including the waters to Bench Island.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1991/57 r 5C

153 Prohibition on set netting in area of Slope Point to Sand Hill Point

(1)

A person must not use a set net for fishing in the area of Slope Point to Sand Hill Point.

(2)

A person who contravenes subclause (1) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1991/57 r 4AAC

154 Prohibition on dredging in Paterson Inlet (Whaka a Te Wera)

(1)

A person must not use or possess a dredge in Paterson Inlet (Whaka a Te Wera).

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

Compare: SR 1991/57 r 5A

155 Restriction on using or possessing set net, longline, or blue cod pot in Paterson Inlet (Whaka a Te Wera)

(1)

A person must not, on any day, use or possess a set net, longline, or blue cod pot in Paterson Inlet (Whaka a Te Wera).

(2)

A person must not, on any day, use more than 2 rock lobster pots in Paterson Inlet (Whaka a Te Wera).

(3)

A person contravenes this subclause if the person, in using rock lobster pots in breach of subclause (2), uses—

(a)

3 pots; or

(b)

4 pots.

(4)

A person contravenes this subclause if the person, in using rock lobster pots in breach of subclause (2), uses 5 or more pots.

(5)

A person who contravenes—

(a)

subclause (1) or (3) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (4) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Compare: SR 1991/57 r 5AA

Part 8 Enforcement and other matters

Subpart 1—Infringement offences

156 Infringement offences

(1)

A person commits an infringement offence for the purposes of sections 260A to 260C of the Act if—

(a)

the person commits an offence against any of the regulations specified in Schedule 19; and

(b)

the offence involves a contravention of a provision specified in the first column of Schedule 19.

(2)

The infringement offences are described in the second column of the table in Schedule 19. In some cases, separate offences are prescribed in relation to the same provision.

(3)

The fee specified in the third column of the table in Schedule 19 for an infringement offence is the infringement fee for that offence.

(4)

An infringement notice issued under section 260A(1)(b) of the Act must be in form 1 set out in Schedule 20.

(5)

An infringement offence reminder notice issued under section 260B(1A) of the Act must be in form 2 set out in Schedule 20.

Subpart 2—Defences

157 Defences

(1)

It is a defence to a charge of possessing more than the specified daily limit of any species of fish, shellfish, finfish, aquatic life, or seaweed in contravention of these regulations if the defendant satisfies the court that the number or quantity of fish, shellfish, finfish, aquatic life, or seaweed possessed in excess of the specified daily limit was not taken in breach of the regulations.

(2)

If a person is charged with taking or being in possession of scallops during a closed season, it is a defence if that person satisfies the court that the scallops were washed ashore.

Compare: SR 1986/221 r 29(3)–(5); SR 1986/222 r 11(3); SR 1986/223 r 6(3); SR 1986/224 r 5(3); SR 1986/225 r 5(3); SR 1991/57 r 5(3)

Limitations on defences for certain species or certain areas

158 Limitation on defence in relation to accumulation limit for paua

The defence set out in regulation 157(1) does not apply to a charge of contravening the accumulation limit for paua specified in regulation 16.

159 Limitation on defence in relation to possessing blue cod in Challenger (East) area

The defence set out in regulation 157(1) does not apply to a charge of possessing more than 2 blue cod in the Challenger (East) area in contravention of regulation 92(3)(b) or (c).

Regulation 159: replaced, on 20 December 2015, by regulation 15 of the Fisheries (Amateur Fishing) Amendment Regulations 2015 (LI 2015/269).

159A Limitation on defence in relation to possessing spiny rock lobsters taken from Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area

(1)

The defence set out in regulation 157(1) does not apply to a charge of possessing more than the daily limit for spiny rock lobsters if the spiny rock lobsters were taken from within Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area.

(2)

Despite subclause (1), it is a defence to a charge of possessing more than the daily limit for spiny rock lobsters taken from within Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area if the defendant satisfies the court that—

(a)

the defendant possessed no more than 18 spiny rock lobsters; and

(b)

the daily limit for spiny rock lobsters specified in regulation 13(1) was not exceeded; and

(c)

in the case of spiny rock lobsters held on board or landed from a vessel, the spiny rock lobsters were held in containers or bags that comply with subclause (3).

(3)

For the purposes of subclause (2)(c), the containers or bags must—

(a)

contain only spiny rock lobsters taken on a single day; and

(b)

be clearly labelled with a record of—

(i)

the individual fisher’s full name; and

(ii)

the date on which that fisher took the spiny rock lobsters; and

(iii)

the number of spiny rock lobsters held in the container or bag.

Regulation 159A: inserted, on 8 August 2014, by section 29(2) of the Kaikōura (Te Tai o Marokura) Marine Management Act 2014 (2014 No 59).

160 Limitation on defence in Fiordland (Te Moana o Atawhenua) marine area or internal waters of Fiordland

(1)

The defence set out in regulation 157(1) does not apply to a charge of possessing more than the daily limit for a species of fish or shellfish specified in Schedule 11, 12, or 13 if those fish or shellfish were taken in the Fiordland (Te Moana o Atawhenua) marine area or the internal waters of Fiordland.

(2)

Despite subclause (1), it is a defence to a charge of possessing more than the daily limit for rock lobster in the Fiordland (Te Moana o Atawhenua) marine area if the defendant satisfies the court that—

(a)

the defendant possessed no more than 15 rock lobsters; and

(b)

the daily limit for rock lobster specified in Schedule 12 was not exceeded; and

(c)

not more than 3 of the rock lobsters possessed were taken from within the waters of Milford Sound (as described in the definition of the internal waters of Fiordland in Schedule 18); and

(d)

in the case of rock lobsters held on board or landed from a vessel (including rock lobsters removed from any holding pot) the rock lobsters were held in containers or bags that comply with subclause (3); and

(e)

in the case of rock lobsters 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; and

(ii)

the date on which that fisher took the rock lobsters; and

(iii)

the number of rock lobsters held in each rock lobster holding pot, including the number of rock lobsters taken from within the waters of Milford Sound (as described in the definition of the internal waters of Fiordland in Schedule 18); and

(iv)

the Global Positioning System (GPS) co-ordinates or physical location of each rock lobster holding pot; and

(v)

the date on which the fisher removed the rock lobsters form each rock lobster holding pot; and

(vi)

the number of rock lobsters removed from each rock lobster holding pot.

(3)

For the purposes of subclause (2)(d), the containers or bags must—

(a)

contain only rock lobsters taken on a single day; and

(b)

be clearly labelled with a record of—

(i)

the individual fisher’s full name; and

(ii)

the date on which that fisher took the rock lobsters; and

(iii)

the number of rock lobsters held in the container or bag; and

(iv)

the number of those rock lobsters (if any) taken from within the waters of Milford Sound (as described in the definition of the internal waters of Fiordland in Schedule 18).

(4)

Despite subclause (1), any fish taken in accordance with regulation 146 (which specifies daily limits for fish and shellfish in the Fiordland (Te Moana o Atawhenua) marine area) must, for the purposes of the defence set out in regulation 157(1), be included in the total number of fish possessed.

(5)

Subclause (4) is to avoid doubt.

Compare: SR 1991/57 r 7(3)–(7)

Regulation 160(2)(c): amended, on 21 February 2014, by regulation 10 of the Fisheries (Amateur Fishing) Amendment Regulations 2014 (LI 2014/16).

Regulation 160(2)(e)(iii): amended, on 21 February 2014, by regulation 10 of the Fisheries (Amateur Fishing) Amendment Regulations 2014 (LI 2014/16).

Regulation 160(3)(b)(iv): amended, on 21 February 2014, by regulation 10 of the Fisheries (Amateur Fishing) Amendment Regulations 2014 (LI 2014/16).

Subpart 3—Revocations

161 Revocations

(2)

Schedule 1 of the Fisheries (Infringement Offences) Regulations 2001 (SR 2001/316) as far as it relates to the regulations specified in subclause (1)(a) to (f).

Schedule 1 Daily limits for shellfish

rr 12, 14–16

SpeciesDaily limit (per person)
Cockle150
Kina50
Mussel50
Dredge oyster50
Pacific oyster or rock oyster250
Ordinary paua10
Yellowfoot paua10
Pipi150
Scallop20
Tuatua150
Any other shellfish (whether of the same or different species)50

Schedule 2 Minimum species length

rr 18, 19

Part 1 Minimum species length: fish

SpeciesMinimum species length

(cm)

Blue cod33
Blue moki40
Butterfish35
Flatfish (except sand flounder)25
Kingfish75
Red cod25
Red gurnard25
Red moki40
Sand flounder23
Snapper25
Tarakihi25
Trevally25
Trumpeter35

Part 2 Minimum species length: shellfish

SpeciesMinimum length

(mm)

Dredge oyster58
Ordinary paua125
Scallop100
Yellowfoot paua80

Compare: SR 1986/221 rr 6(2), 19(4)

Schedule 3 Minimum net mesh size

rr 22(1), 64(1), 84(1), 102(1), 126(1), 148(1)

Part 1 General provisions

Species

Minimum net mesh size

(mm)

Blue cod
Blue moki115
Butterfish108
Eel12
Elephant fish150
Flatfish100
Garfish25
Hapuku/bass
Herring25
Kahawai85
Kingfish100
Mullet85
Pilchard25
Red cod100
Red moki115
Rig150
Snapper100
Tarakihi100
Trevally100
All other species (except quinnat salmon)100

Part 2 Auckland and Kermadec FMA

Species

Minimum net mesh size

(mm)

Blue moki114
Bluenose160
Flatfish114
Hapuku/bass160
Kahawai90
Grey mullet90
Parore114
Rig125
School shark125
Snapper125
Trevally125

Part 3 Central FMA

Species

Minimum net mesh size

(mm)

Blue moki114
Bluenose160
Grey mullet100
Hapuku/bass160
Kahawai100
School shark150

Part 4 Challenger FMA

Species

Minimum net mesh size

(mm)

Blue moki114
Bluenose160
Butterfish100
Grey mullet100
Hapuku/bass160
Kahawai100
Red moki114
School shark150

Part 5 South-East FMA

Species

Minimum net mesh size

(mm)

Blue moki114
Bluenose160
Grey mullet90
Hapuku/bass160
Kahawai90
School shark150
Snapper125

Part 6 Southland and Sub-Antarctic FMA

Species

Minimum net mesh size

(mm)

Blue moki114
Bluenose160
Grey mullet90
Hapuku/bass160
Kahawai90
School shark150
Snapper125

Compare: SR 1986/221 r 6(1); SR 1986/222 r 3B; SR 1986/223 r 3B; SR 1986/224 r 3B; SR 1986/225 r 3B; SR 1991/57 r 4A

Schedule 4 Methods for measuring rock lobsters

r 30(3)

1 Diagrams relating to rock lobsters

The diagrams in clauses 6 to 8 depict—

(a)

the tail-width measuring device and the parts of the body of a spiny rock lobster (except the exoskeleton) referred to in this schedule; and

(b)

the physical features by which male and female spiny rock lobsters may be distinguished.

Compare: SR 1986/221 r 25A(7)

Measuring spiny rock lobster

2 Width of tail of spiny rock lobster

The width of the tail of a spiny rock lobster is the distance measured in a straight line from the tip of one primary pleural spine on the second abdominal segment of the tail to the tip of the other primary pleural spine on that segment.

Compare: SR 1986/221 r 25A(2)

3 Disputes about width of tail of spiny rock lobster

(1)

If there is a dispute about whether a spiny rock lobster is undersize, the matter must be determined by measuring the width of the tail—

(a)

in accordance with this clause; and

(b)

using the tail-width measuring device described in subclause (2) and depicted in clause 6.

(2)

The tail-width measuring device must be a device—

(a)

supplied by the chief executive and bearing the letters “DSIR”, “MAF”, “MPI”, or a Ministry mark and an identifying number; and

(b)

consisting of a handle with an attachment comprising 2 sets of rigid caliper-type arms, as follows:

(i)

each set of arms must have one arm with a raised L-shaped projection (the measuring bar); and

(ii)

the second arm must be marked with a line 2 mm away from, and parallel to, the projected edge of the central column of the device, and be marked with—

(A)

“60” and “F”, for measuring the tail of a female spiny rock lobster; or

(B)

“54” and “M”, for measuring the tail of a male spiny rock lobster.

(3)

In each case, the tail must be measured, using the relevant set of caliper-type arms, in the following manner:

(a)

the spiny rock lobster or tail must be held with the ventral side uppermost; and

(b)

the tip of one of the primary pleural spines on the second abdominal segment must be brought into contact with the inside face of the longer section of the measuring bar (in this position the measuring bar being used will not normally be visible to the person measuring); and

(c)

with the tip of the spine in this position, the measuring device must be rotated to determine whether or not there is a position in which the tip of the other primary pleural spine on the second abdominal segment will reach that part of the inside edge of the other arm of the device that extends from the line referred to in subclause (2)(b)(ii) to the unattached end of the arm (the measuring edge).

(4)

No more pressure must be applied to the tail or to the measuring device than is necessary to make the measurement specified in subclause (3).

(5)

The spiny rock lobster is undersize if, when the tip of one spine is in contact with the inside face of the longer section of the measuring bar, the tip of the other spine fails to reach the measuring edge of the other relevant arm of the measuring device.

(6)

The measurement of the tail width of a spiny rock lobster is to be treated as not complying with subclause (3) if it is carried out by means of a tail-width measuring device that, since having been supplied by the chief executive, has been altered or added to or adapted in such a way as to decrease the distance between the relevant measuring bar and measuring edge.

Compare: SR 1986/221 r 25A(3), (6)

Measuring packhorse rock lobster

4 Length of packhorse rock lobster tail

The length of the tail of a packhorse rock lobster is the distance measured in a straight line, with the tail laid flat, from the posterior side of the calcified bar on the underside of the first abdominal segment of the tail to the posterior edge of the telson of the tail fan.

Compare: SR 1986/221 r 25A(4)

5 Disputes about length of packhorse rock lobster

(1)

If there is a dispute about whether a packhorse rock lobster is undersize, the matter must be determined by measuring the length of the tail—

(a)

in accordance with this clause; and

(b)

using the tail-length measuring device described in subclause (2).

(2)

The tail-length measuring device must be a device—

(a)

supplied by the chief executive; and

(b)

consisting of a rigid metal bar with a pin set in it.

(3)

The tail length must be measured in the following manner:

(a)

the pin of the measuring device must be placed against the mid-point on the posterior side of the calcified bar on the first abdominal segment of the tail; and

(b)

with the pin in that position and the tail laid flat, the measuring device must be brought into line with the posterior edge of the telson of the tail fan and the length of the tail is the distance indicated on the bar of the measuring device from the pin to that posterior edge; and

(c)

no more pressure must be applied to the tail and the measuring device than is necessary to—

(i)

cause the calcified bars on the ventral surface of the tail to just touch the measuring device; and

(ii)

bring the pin and the bar of the device into contact with the relevant points of measurement.

Compare: SR 1986/221 r 25A(5)

6 Tail-width measuring device for spiny rock lobster

The following diagram depicts the tail-width measuring device for spiny rock lobster:

Tail-width measuring device for spiny rock lobster
7 Ventral view of male spiny rock lobster

The following diagram depicts the ventral view of a male spiny rock lobster:

Ventral view of male spiny rock lobster
8 Ventral view of female spiny rock lobster

The following diagram depicts the ventral view of a female spiny rock lobster:

Ventral view of female spiny rock lobster

Compare: SR 2001/253 Schedule 1

Schedule 5 Authorisation to take fish, aquatic life, or seaweed for hui or tangi

r 51(1)

Form Authorisation to take fish, aquatic life, or seaweed for hui or tangi

Regulation 51, Fisheries (Amateur Fishing) Regulations 2013

*Authorisation No:

*Surface floats, buoys, or tags must be clearly marked with this authorisation number.

This authorisation is issued to: [name of authorisation holder]

Address of authorisation holder:

Signature of authorisation holder:

Telephone No:

Associated harvesters: [names of all harvesters]

Purpose: hui/tangi*

*Select one.

Reason for hui:

To be used at: [address of venue, date]

Contact No:

Authorised harvest and conditions

SpeciesMaximum quantity (number or greenweight)Area from which species is to be takenPlace at which species is to be landedActual quantity taken (number or greenweight)
[specify][specify][specify][specify][specify]
Optional conditions for authorised representative to complete

Size limit for each species:

Fishing method for each species:

Actual quantity taken to be notified to authorised representative:

Yes/No*

*Select one.
Notes

The above harvester(s) is/are* authorised to take quantities of fish or aquatic life or seaweed as approved in this authorisation, provided that they are taken only from the area and for the purpose specified. This authorisation is not transferable. It must be carried at all times and be shown to any fishery officer on request. This authorisation is only valid for a 48-hour period, beginning from the date and time specified.

*Select one.

Authorised by [print name of authorised representative] on behalf of marae committee/Māori Committee/runanga/Māori Trust Board*.

*Select one.

Address:

Telephone No:

Signature:

Date signed:

Authorisation valid from [date, time].

Compare: SR 1986/221 Schedule

Schedule 6 Auckland and Kermadec FMA: species to which combined daily limit of 20 fish applies

r 55(1)

Species

Blue cod

Blue moki

Bluenose

Butterfish

Elephant fish

Flatfish

John dory

Kahawai

Parore

Porae

Red cod

Red gurnard

Red moki

Red snapper

Rig

School shark

Tarakihi

Trevally

Compare: SR 1986/222 r 3A(1), (2)

Schedule 7 Central FMA: species to which combined daily limit of 20 fish and individual species limits apply

r 78(1)

SpeciesDaily limit (per person)
Blue cod
Blue moki
Bluenose5
Butterfish
Elephant fish
Flatfish
Grey mullet
John dory
Kahawai
Parore
Porae
Red cod
Red gurnard
Red moki
Red snapper
Rig
School shark
Tarakihi
Trevally

Compare: SR 1986/223 r 3A(1), (2)

Schedule 8 Challenger FMA: species to which combined daily limit of 20 fish and individual species limits apply

r 92(1)

SpeciesDaily limit (per person)
Blue cod
Blue moki
Bluenose5
Butterfish
Elephant fish
Flatfish
Grey mullet
John dory
Kahawai
Red cod
Red gurnard
Red moki
Rig
School shark
Tarakihi
Trevally

Compare: SR 1986/224 r 2B(1), (2)

Schedule 9 South-East FMA: species to which combined daily limit of 30 fish and individual species limits apply

r 117

SpeciesDaily limit (per person)
Barracouta
Blue cod
Blue moki15
Blue shark1
Bluenose5
Bronze shark1
Butterfish15
Elephant fish5
Flatfish
Grey mullet
Hammerhead shark1
Kahawai15
Lamprey
Ling
Mako shark1
Marblefish
Marlin1
Porbeagle shark1
Quinnat salmon2
Red cod10
Red gurnard
Red moki15
Rig5
School shark5
Seven gill shark1
Skate5
Snapper10
Spiny dogfish15
Stargazer
Tarakihi15
Thresher shark1
Trevally
Trumpeter15
Warehou15
Wrasse

Compare: SR 1986/225 r 3A(1)

Schedule 10 South-East FMA: limits in Akaroa Harbour taiapure

r 123(1)

SpeciesDaily limit (per person)
Blue cod3
Blue moki3
Butterfish3
Cat’s eye20
Cockle20
Red cod3
Rock lobster3
Sea perch3
Trumpeter3

Compare: SR 1986/225 r 6C(1)

Schedule 10A South-East FMA: limits in Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area

r 123A(1)

Schedule 10A: inserted, on 8 August 2014, by section 29(3) of the Kaikōura (Te Tai o Marokura) Marine Management Act 2014 (2014 No 59).

SpeciesDaily limit (per person)
Cat’s eye20
Cockle (whether of the species Chione (Austrovenus) stutchburyi or of the species Protothaca crassicosta)50
Kina20
Ordinary paua6
Yellowfoot paua6
Any other shellfish (whether of the same or different species) for which a specific limit is not specified in this schedule or in Schedule 130
Albacore3
Blue cod6
Blue moki10
Bluenose3
Butterfish10
Hapuku/bass3
Kahawai10
Kingfish3
Ling3
Rig3
School shark3
Sea perch20
Tarakihi10

Schedule 11 Southland and Sub-Antarctic FMA: species to which combined daily limit of 30 fish and individual species limits apply

rr 141, 160

SpeciesDaily limit (per person)
Barracouta
Blue cod20
Blue moki15
Blue shark1
Bluenose5
Bronze shark1
Butterfish15
Elephant fish5
Flatfish
Grey mullet
Hammerhead shark1
Kahawai15
Lamprey
Ling
Mako shark1
Marblefish
Marlin1
Porbeagle shark1
Quinnat salmon2
Red cod10
Red gurnard
Red moki15
Rig5
School shark5
Seven gill shark1
Skate5
Snapper
Spiny dogfish15
Stargazer
Tarakihi15
Thresher shark1
Trevally
Trumpeter15
Warehou15
Wrasse

Compare: SR 1991/57 r 4(1)–(3)

Schedule 12 Southland and Sub-Antarctic FMA: limits in Fiordland (Te Moana o Atawhenua) marine area

r 146

SpeciesDaily limit in Fiordland (Te Moana o Atawhenua) marine area (per person)
Blue cod20
Hapuku/bass5
Paua10
Rock lobster6
Scallop10
Sea perch10

Compare: SR 1991/57 r 4AA(1)

Schedule 13 Southland and Sub-Antarctic FMA: limits in internal waters of Fiordland

r 147

SpeciesDaily limit in internal waters of Fiordland (per person)
Blue cod3
Hapuku/bass3
Paua10
Rock lobster6
Scallop10
Sea perch10
Compare: SR 1991/57 r 4AA(1)

Schedule 13: amended, on 21 February 2014, by regulation 11 of the Fisheries (Amateur Fishing) Amendment Regulations 2014 (LI 2014/16).

Schedule 14 Defined areas: Auckland and Kermadec FMA

r 7(2)

1 Defined areas: general

In Part 3, unless the context otherwise requires,—

Auckland Coromandel area means all those waters enclosed by a line—

(a)

commencing at the mean high-water mark at the easternmost point of Cape Rodney (at 36°16.8′S and 174°49.3′E); then

(b)

proceeding in a straight line in a south-easterly direction to the westernmost point of Cuvier Island (at 36°26.25′S and 175°45.70′E); then

(c)

proceeding in an easterly direction around the northern side of the island following the mean low-water spring mark to the easternmost point of Cuvier Island (at 36°26.50′S and 175°47.12′E); then

(d)

proceeding in a straight line in a south-easterly direction to the easternmost point of Red Mercury (Whakau) Island (at 36°37.70′S and 175°57.00′E); then

(e)

proceeding in a straight line in a south-easterly direction to the easternmost point of the easternmost islet of the Aldermen Islands (at 36°57.32′S and 176°06.06′E); then

(f)

proceeding in a straight line in a south-westerly direction to Houmanga Point (at 37°20.75′S and 175°56.65′E); then

(g)

proceeding in a straight line in a westerly direction to a point at 37°24.13′S and 174°42.80′E at the southernmost part of the sandspit at the mouth of the Waikato River (at Port Waikato) on the west coast of the North Island; then

(h)

proceeding due west offshore for 1 nautical mile; then

(i)

proceeding in a northerly direction by a line, each point of which is 1 nautical mile from the mean high-water mark of the North Island west coast (and including all of Manukau Harbour), to a point at 36°48.88′S and 174°23.76′E; then

(j)

proceeding due east to the mean high-water mark junction with the mouth of the Okiritoto Stream (Muriwai Beach) (at 36°48.88′S and 174°25.03′E); then

(k)

proceeding in a straight line in a north-easterly direction to a trig point named Conical Peak (north-west of Matakana, Warkworth, at NZMS 260, R09, 603408); then

(l)

proceeding in a straight line in an easterly direction to the point of commencement

Auckland (East) FMA

(a)

means all New Zealand fisheries waters within that portion of the Auckland Fishery Management Area enclosed by a line—

(i)

commencing at Cape Runaway on the east coast of the North Island (at 37°32′S and 177°59.4′E); then

(ii)

proceeding due north to a point 33°25′S and 177°59.4′E on the outer boundary of the exclusive economic zone; then

(iii)

proceeding in a generally north-westerly direction along the outer boundary of the exclusive economic zone to a point 30°52.5′S and 173°02.5′E on the outer boundary of the exclusive economic zone; then

(iv)

proceeding due south to North Cape on the north coast of the North Island (at 34°24′S and 173°02.5′E); then

(v)

proceeding in a generally south-easterly direction along the mean high-water mark to the point of commencement; and

(b)

includes all inland waters lying north of a line drawn from Cape Runaway on the east coast of the North Island (at 37°32′S and 177°59.4′E) to Tirua Point on the west coast of the North Island (at 38°23′S and 174°38.5′E)

Auckland (West) FMA means the area of New Zealand fisheries waters described as fishery management area 9—Auckland (West) in Part 1 of Schedule 1 of the Act

Bay of Islands set net and set line closure area means all those waters of the Bay of Islands enclosed by a line—

(a)

commencing at Tapeka Point (at 35°14.63′S and 174°07.18′E); then

(b)

proceeding to the north-westernmost point of Motuarohia (Roberton) Island (at 35°13.82′S and 174°09.33′E); then

(c)

proceeding to the north-westernmost point of the outermost unnamed islet at 35°13.13′S and 174°10.72′E immediately to the north-west of Moturua Island; then

(d)

proceeding to the north-westernmost point of Okahu (Red Head) Island (at 35°11.95′S and 174°12.38′E); then

(e)

proceeding by the mean high-water mark along the northern side of Okahu Island to the easternmost point of Okahu Island (at 35°11.98′S and 174°12.85′E); then

(f)

proceeding in a straight line to the northernmost point of Kohangaatara Point (at 35°13.15′S and 174°15.83′E) on the eastern side of the Albert Channel

Bird Rock means all those waters enclosed by a line each point of which is 1 nautical mile from the mean high-water mark of Bird Rock (at 35°9.92′S and 174°18.35′E)

Cape Brett means all those waters enclosed by a line each point of which is 1 nautical mile from the northernmost point of Cape Brett (at 35°10.45′S and 174°20.05′E)

Cheltenham Beach area means all those waters enclosed by a line—

(a)

commencing at Takapuna Head (at 36°48.95′S and 174°48.50′E); then

(b)

proceeding in a south-easterly direction to the easternmost point of North Head (at 36°49.30′S and 174°49.70′E); then

(c)

proceeding in a northerly direction along the mean high-water mark to the point of commencement

Eastern Beach area means all those waters enclosed by a line—

(a)

commencing at the unnamed headland that delimits the north-western end of Eastern Beach (at 36°52.16′S and 174°54.63′E); then

(b)

proceeding generally in a north-easterly direction to the East Cardinal Beacon on the corner of the drying reef (at 36°51.81′S and 174°54.96′E); then

(c)

proceeding generally in a south-easterly direction to the unnamed headland that delimits the south-eastern end of Eastern Beach (at 36°52.75′S and 174°55.39′E); then

(d)

proceeding generally in a north-westerly direction along the mean high-water mark to the point of commencement

Karekare Beach area means all those waters enclosed by a line—

(a)

commencing at the southern end of Karekare Point (at 36°59.80′S and 174°28.40′E); then

(b)

proceeding in a westerly direction to the southern end of Panatahi Island (at 36°59.80′S and 174°28.20′E); then

(c)

proceeding in a northerly direction to Farley Point (at 36°59.20′S and 174°28.10′E); then

(d)

proceeding in a southerly direction by the mean high-water mark to the point of commencement

Maketu taiapure means the waters described in the Schedule of the Fisheries (Maketu Taiapure) Order 1996

Mimiwhangata Peninsula area means all those waters adjacent to Paparahi Point and Rimariki Island on the east coast of the county of Whangarei enclosed by a line—

(a)

commencing at the mean high-water mark at the westernmost point of Lot 1 DP 89739 North Auckland Land District (at 35°26.05′S and 174°23.05′E) and proceeding due north for a distance of 1 000 m; then

(b)

proceeding in an easterly direction to a point 1 000 m due north of Ngataurua Rock; then

(c)

proceeding to a point 1 000 m due north of the northernmost point of Rimariki Island; then

(d)

proceeding in a south-easterly direction to a point 1 000 m due east of Motuwharariki Island; then

(e)

proceeding in a south-westerly direction to a point 1 000 m due east of the easternmost point of Otawhanga Island; then

(f)

proceeding to a point on a bearing of 59°2.40′ and at a distance of 1 000 m from the south-eastern boundary of Te Ruatahi 2A Block; then

(g)

proceeding in a south-westerly direction to a point at the mean high-water mark at the south-eastern boundary of Te Ruatahi 2A Block (at 35°27.45′S and 174°25.50′E); then

(h)

proceeding in a northerly direction by the mean high-water mark to the point of commencement

Ninepin means all those waters enclosed by a line each point of which is 1 nautical mile from the mean high-water mark of Ninepin (at 35°09.25′S and 174°08.75′E)

part of Manukau Harbour means all those waters in Manukau Harbour enclosed by a line—

(a)

commencing at a point on the mean high-water mark on the eastern side of Manukau Harbour (at 37°01.17′S and 174°50.10′E); then

(b)

proceeding in a south-westerly direction to a point in the Manukau Harbour (at 37°01.50′S and 174°49.30′E); then

(c)

proceeding due west to a point in the Manukau Harbour (at 37°01.50′S and 174°45.20′E); then

(d)

proceeding due north to a point on the mean high-water mark of Manukau Harbour (at 36°59.98′S and 174°45.20′E); then

(e)

proceeding in a generally easterly direction along the mean high-water mark of Manukau Harbour to a point on the western side of Pukaki Creek (at 37°00.00′S and 174°48.06′E); then

(f)

proceeding due east to a point on the eastern side of Pukaki Creek (at 37°00.00′S and 174°48.61′E); then

(g)

proceeding in a generally south-easterly direction along the mean high-water mark of Manukau Harbour to the point of commencement

Port Waikato means all those waters extending landward of a straight line between—

(a)

the north bank of the Waikato River mouth (at 37°21.10′S and 174°41.33′E); and

(b)

the south bank of the Waikato River mouth (at 37°23.69′S and 174°42.72′E).

waters near Motu River means the waters adjacent to the Motu River in the Bay of Plenty lying within a radius of 6 nautical miles of the Okatoa Rocks (at 37°53.70′S and 177°32.70′E).

Compare: SR 1986/222 rr 3, 3AB(4), 4, 5(4), 6, 6B(1), (5), 6CA(2), 6D, 6E, 6F, 7(1)

2 Definition of Auckland and Kermadec set net prohibition area

(1)

In these regulations, unless the context otherwise requires, Auckland and Kermadec set net prohibition area means the waters of any of the following areas:

(a)

Three Kings Islands:

(b)

Bay of Islands, comprising—

(i)

Cape Wiwiki; and

(ii)

Whale Rock; and

(iii)

Twins Rock:

(c)

Hen and Chickens Islands, comprising—

(i)

Taranga (Hen) Island; and

(ii)

Marotere (Chickens) Islands:

(d)

Mokohinau Islands:

(e)

Simpson Rock:

(f)

Little Barrier Island:

(g)

Great Barrier Island, comprising—

(i)

Miners Head–Needles Point; and

(ii)

Rakitu (Arid) Island; and

(iii)

Cape Barrier:

(h)

Channel Island:

(i)

Cape Colville:

(j)

Mercury Islands, comprising—

(i)

Great Mercury Island; and

(ii)

Korapuki Island; and

(iii)

Green Island; and

(iv)

Middle (Atiu) Island; and

(v)

Stanley Island; and

(vi)

Red Mercury (Whakau) Island:

(k)

Tamaki River and Panmure Basin:

(l)

Northwest coast, comprising—

(i)

Cape Reinga–Scott Point; and

(ii)

Tauroa (Reef) Point–Whangape Harbour:

(iii)
[Revoked]

(m)

Tairua/Pauanui:

(n)

Cape Runaway.

(2)

In subclause (1),—

Cape Barrier means all those waters at the southern end of Great Barrier Island enclosed by a line—

(a)

commencing at the westernmost point of the south head of Tryphena Harbour (at 36°19.48′S and 175°28.44′E); then

(b)

proceeding due south for a distance of 0.5 nautical miles to the point at 36°20.98′S and 175°28.44′E; then

(c)

proceeding in an easterly direction by a line each point of which is 0.5 nautical miles from the mean high-water mark to the point at 36°20.37′S and 175°32.75′E; then

(d)

proceeding due west to the south-easternmost point of Cape Barrier (at 36°20.37′S and 175°32.25′E)

Cape Colville means all those waters at the northern end of Cape Colville enclosed by a line—

(a)

commencing at the northernmost point of Kaiiti Point (at 36°28.92′S and 175°19.80′E); then

(b)

proceeding in a straight line in a northerly direction to the southernmost point of Channel Island (at 36°25.44′S and 175°19.75′E); then

(c)

proceeding in a straight line in a south-easterly direction to the northernmost point of Square Top Island (at 36°27.76′S and 175°24.00′E); then

(d)

proceeding by the mean high-water mark to the easternmost point of Square Top Island (at 36°27.79′S and 175°24.14′E); then

(e)

proceeding in a straight line in a south-easterly direction to the mean high-water mark to the south-west of, and immediately adjacent to, the Sugar Loaf Rocks (at 36°28.36′S and 175°24.69′E); then

(f)

proceeding in a north-westerly direction by the mean high-water mark to a point to the south of Cape Colville, representing the eastern end of Port Jackson Bay (at 36°28.40′S and 175°20.45′E); then

(g)

proceeding in a straight line across the bay in a south-westerly direction to the point of commencement

Cape Reinga–Scott Point means all those waters lying in 1 nautical mile from the mean high-water mark of the shore that extends from the northernmost point of Cape Reinga (at 34°25.40′S and 172°40.70′E) to the southernmost point of Scott Point (at 34°31.90′S and 172°43.20′E)

Cape Runaway means the waters within the area defined by a line—

(a)

commencing at the mean high-water mark at Cape Runaway (at approximately 37°32.3′S and 177°59′E); then

(b)

proceeding in a straight line in a northerly direction to a position 2 nautical miles from the point of commencement at approximately 37°30.3′S and 177°59′E; then

(c)

proceeding generally in a westerly direction by a line every point of which is 2 nautical miles from the mean high-water mark of Cape Runaway to a point at 37°31.2′S and 177°56.8′E; then

(d)

proceeding in a straight line in a southerly direction to the mean high-water mark of a position (at 37°37.2′S and 177°56.8′E) adjacent to, or on, a stream tributary on Oruiti Beach; then

(e)

proceeding along the line of the mean high-water mark in a generally easterly and northerly direction to the point of commencement

Cape Wiwiki means all those waters lying in a radius of 1 nautical mile from the easternmost point of Cape Wiwiki (at 35°09.42′S and 174°07.70′E)

Channel Island means all those waters enclosed by a line each point of which is 0.5 nautical miles from the mean high-water mark on Channel Island, being the island located approximately 3 nautical miles north of Cape Colville

Great Mercury Island means all those waters on the eastern and southern sides of Great Mercury Island enclosed by a line—

(a)

commencing at the northernmost point of Arimawhai Point (at 36°34.81′S and 175°47.23′E); then

(b)

proceeding in a north-easterly direction for a distance of 0.5 nautical miles to the point at 36°34.45′S and 175°47.66′E; then

(c)

proceeding by a line each point of which is 0.5 nautical miles from the mean high-water mark on the eastern and southern sides of Great Mercury Island to the point at 36°38.86′S and 175°46.58′E; then

(d)

proceeding due north to the southernmost point of Ahikopua Point (at 36°38.36′S and 175°46.58′E)

Green Island means all those waters enclosed by a line each point of which is 0.5 nautical miles from the mean high-water mark on Green Island

Korapuki Island means all those waters enclosed by a line each point of which is 0.5 nautical miles from the mean high-water mark on Korapuki Island

Little Barrier Island means all those waters enclosed by a line each point of which is 0.5 nautical miles from the mean high-water mark on Little Barrier Island

Marotere (Chickens) Islands means all those waters on the northern side of the Marotere (Chickens) Islands enclosed by a line—

(a)

commencing at the northernmost point of Lady Alice Island (at 35°53.29′S and 174°43.10′E); then

(b)

proceeding due north for a distance of 0.5 nautical miles to the point at 35°52.79′S and 174°43.10′E; then

(c)

proceeding in an easterly direction by a line each point of which is 0.5 nautical mile from a baseline commencing at the northernmost point of Lady Alice Island (at 35°53.29′S and 174°43.10′E); then

(d)

proceeding by the mean high-water mark to the easternmost point of Lady Alice Island (at 35°53.57′S and 174°44.32′E); then

(e)

proceeding in a straight line in an easterly direction to the westernmost point of Whatupuke Island (at 35°53.61′S and 174°44.71′E); then

(f)

proceeding by the mean high-water mark to the easternmost point of Whatupuke Island (at 35°53.47′S and 174°45.70′E); then

(g)

proceeding in a straight line in an easterly direction to the westernmost point of Coppermine Island (at 35°53.50′S and 174°45.82′E); then

(h)

proceeding by the mean high-water mark to the termination of the baseline at the easternmost point of Coppermine Island (at 35°53.31′S and 174°46.99′E) then to the point at 35°52.81′S and 174°46.99′E; then

(i)

proceeding by a straight line due south to the easternmost point of Coppermine Island (at 35°53.31′S and 174°46.99′E)

Middle (Atiu) Island means all those waters on the eastern side of Middle (Atiu) Island enclosed by a line—

(a)

commencing at the northernmost point of Middle (Atiu) Island (at 36°38.19′S and 175°51.57′E); then

(b)

proceeding in a north-easterly direction for a distance of 0.25 nautical miles to the point at 36°38.00′S and 175°51.80′E; then

(c)

proceeding by a line each point of which is 0.25 nautical miles from the mean high-water mark on the eastern side of Middle (Atiu) Island to the point at 36°38.78′S and 175°51.66′E; then

(d)

proceeding by a straight line due north to the easternmost point of Middle (Atiu) Island (at 36°38.52′S and 175°51.66′E); then

(e)

proceeding due south for a distance of 0.5 nautical miles to the point at 36°39.06′S and 175°51.66′E; then

(f)

proceeding by a line each point of which is 0.5 nautical miles from the mean high-water mark on the western side of Middle (Atiu) Island to the point at 36°37.82′S and 175°52.03′E; then

(g)

proceeding by a straight line in a south-westerly direction to the northernmost point of Middle (Atiu) Island (at 36°38.19′S and 175°51.57′E)

Miners Head–Needles Point means all those waters at the northern end of Great Barrier Island enclosed by a line—

(a)

commencing at the northernmost point of Miners Head (at 36°03.98′S and 175°20.80′E); then

(b)

proceeding due north for a distance of 0.5 nautical miles to a point at 36°03.48′S and 175°20.80′E; then

(c)

proceeding in a north-easterly direction by a line each point of which is 0.5 nautical miles from a baseline commencing at the northermost point of Miners Head (at 36°03.98′S and 175°20.80′E); then

(d)

proceeding by the mean high-water mark to the northernmost point of Great Barrier Island (at 36°03.12′S and 175°23.88′E); then

(e)

proceeding due east to the southernmost point of the unnamed island (at 36°03.12′S and 175°24.00′E); then

(f)

proceeding by the mean high-water mark to the northernmost point of the unnamed island (at 36°02.56′S and 175°24.11′E); then

(g)

proceeding in a straight line in a northerly direction to the southernmost point of Aiguilles Island (at 36°02.51′S and 175°24.24′E); then

(h)

proceeding by the mean high-water mark to the northernmost point of Aiguilles Island (at 36°01.91′S and 175°24.50′E); then

(i)

proceeding in a straight line in a northerly direction to the southernmost point of Needles Point (at 36°01.70′S and 175°24.40′E); then

(j)

proceeding by the mean high-water mark to the termination of the baseline at the northernmost point of Needles Point (at 36°01.63′S and 175°24.40′E) then to the point at 36°01.13′S and 175°24.40′E; then

(k)

proceeding in a straight line due south to the northernmost point of Needles Point (at 36°01.63′S and 175°24.40′E)

Mokohinau Islands means all those waters enclosed by a line each point of which is 0.5 nautical miles from the mean high-water mark on all the islands, islets, and rocks of the Mokohinau Islands group

Rakitu (Arid) Island means all those waters on the eastern side of Rakitu (Arid) Island enclosed by a line—

(a)

commencing at the northernmost point of Hautapu Point (at 36°07.06′S and 175°29.76′E); then

(b)

proceeding due north for a distance of 0.5 nautical miles to the point at 36°06.56′S and 175°29.76′E; then

(c)

proceeding by a line each point of which is 0.5 nautical miles from the mean high-water mark on the eastern side of Rakitu (Arid) Island to the point at 36°08.89′S and 175°29.49′E; then

(d)

proceeding due north to the southernmost point of Te Akau Point (at 36°08.39′S and 175°29.49′E)

Red Mercury (Whakau) Island means all those waters on the eastern side of Red Mercury (Whakau) Island enclosed by a line—

(a)

commencing at the northernmost point of Red Mercury (Whakau) Island (at 36°37.06′S and 175°56.16′E); then

(b)

proceeding in a north-easterly direction for a distance of 0.5 nautical miles to the point at 36°36.72′S and 175°56.60′E; then

(c)

proceeding in an easterly direction by a line each point of which is 0.5 nautical miles from the mean high-water mark to the point at 36°38.37′S and 175°56.83′E; then

(d)

proceeding due north to the south-easternmost point of Red Mercury (Whakau) Island (at 36°37.87′S and 175°56.83′E)

Simpson Rock means all those waters enclosed by a line each point of which is 0.5 nautical miles from the mean high-water mark on Simpson Rock, being the islet (rock) located approximately 4 nautical miles south of the Mokohinau Islands

Stanley Island means all those waters enclosed by a line—

(a)

commencing at the westernmost point of Stanley Island (at 36°38.22′S and 175°52.79′E); then

(b)

proceeding in a north-westerly direction for a distance of 0.5 nautical miles to the point at 36°37.85′S and 175°52.34′E; then

(c)

proceeding by a line each point of which is 0.5 nautical miles from the mean high-water mark on the northern and eastern sides of Stanley Island to the point at 36°39.54′S and 175°53.35′E; then

(d)

proceeding due north to the southernmost point of Stanley Island (at 36°39.04′S and 175°53.35′E); then

(e)

proceeding due south for a distance of 0.25 nautical miles to the point at 36°39.29′S and 175°53.35′E; then

(f)

proceeding by a line each point of which is 0.25 nautical miles from the mean high-water mark on the south-western side of Stanley Island to the point at 36°38.05′S and 175°52.55′E; then

(g)

proceeding in a straight line in a south-easterly direction to the westernmost point of Stanley Island (at 36°38.22′S and 175°52.79′E)

Tairua/Pauanui means all those waters enclosed by a line—

(a)

commencing at the mean high-water mark at the northernmost point of Storm Beach (at 37°02.77′S and 175°53.23′E); then

(b)

proceeding in a straight line in an easterly direction to a position at the southernmost point of Home Bay (at 37°03.11′S and 175°56.05′E); then

(c)

proceeding in a straight line in a northerly direction to Big King Rock (at 36°59.92′S and 175°55.34′E); then

(d)

proceeding in a straight line in a north-westerly direction to the mean high-water mark at the northern end of Te Karo Bay (at 36°57.70′S and 175°50.75′E); then

(e)

proceeding in a southerly direction by the mean high-water mark to the southernmost point of land near Te Huruhuru Point (at 37°00.40′S and 175°52.10′E); then

(f)

proceeding in a straight line across the Tairua Harbour entrance in a south-westerly direction to the northernmost point of land of the southern harbour headland (at 37°00.45′S and 175°51.70′E); then

(g)

proceeding in a southerly direction by the mean high-water mark to the point of commencement

Tamaki River and Panmure Basin means all those waters of the Tamaki River and Panmure Basin enclosed by a straight line between—

(a)

the easternmost point of Sandy Point (at 36°52.41′S and 174°53.44′E); and

(b)

the point of intersection with the shore to the north of the Half Moon Bay marina (at 36°52.76′S and 174°54.09′E)

Taranga (Hen) Island means all those waters on the northern side of Taranga (Hen) Island enclosed by a line—

(a)

commencing at the northernmost point of Taranga (Hen) Island (at 35°57.28′S and 174°41.89′E); then

(b)

proceeding due north for a distance of 0.5 nautical miles to the point at 35°56.78′S and 174°41.89′E; then

(c)

proceeding in an easterly direction by a line each point of which is 0.5 nautical miles from the mean high-water mark to the point at 35°57.68′S and 174°44.75′E; then

(d)

proceeding due south to the easternmost point of Taranga (Hen) Island (at 35°58.18′S and 174°44.75′E)

Tauroa (Reef) Point–Whangape Harbour means all those waters lying in 0.5 nautical miles from the mean high-water mark of the shore—

(a)

extending from the easternmost point of Tauroa (Reef) Point (at 35°10.15′S and 173°05.20′E) to the north head of Herekino Harbour (at 35°17.70′S and 173°09.90′E); then

(b)

proceeding by a straight line in a southerly direction to the south head of Herekino Harbour (at 35°17.95′S and 173°09.80′E); then

(c)

proceeding by the mean high-water mark to the north head of Whangape Harbour (at 35°22.70′S and 173°13.10′E)

Three Kings Islands means all those waters enclosed by a line each point of which is 1 nautical mile from the mean high-water mark on all the islands, islets, and rocks of the Three Kings Islands group

Twins Rock means all those waters enclosed by a line each point of which is 1 nautical mile from the mean high-water mark on Twins Rock

Whale Rock means those waters enclosed by a line each point of which is 1 nautical mile from a position at 30°11.51′S and 174°12.00′E on Whale Rock.

(3)

[Revoked]

Compare: SR 1986/222 r 6C

Schedule 14 clause 2(1)(l)(ii): replaced, on 21 February 2014, by regulation 12(1) of the Fisheries (Amateur Fishing) Amendment Regulations 2014 (LI 2014/16).

Schedule 14 clause 2(1)(l)(iii): revoked, on 21 February 2014, by regulation 12(1) of the Fisheries (Amateur Fishing) Amendment Regulations 2014 (LI 2014/16).

Schedule 14 clause 2(2) Maunganui Bluff–Tirua Point: revoked, on 21 February 2014, by regulation 12(2) of the Fisheries (Amateur Fishing) Amendment Regulations 2014 (LI 2014/16).

Schedule 14 clause 2(3): revoked, on 21 February 2014, by regulation 12(3) of the Fisheries (Amateur Fishing) Amendment Regulations 2014 (LI 2014/16).

3 Definition of Maunganui Bluff–Tirua Point set net prohibition area

(1)

In these regulations, unless the context otherwise requires, Maunganui Bluff–Tirua Point set net prohibition area means all those waters enclosed by a line—

(a)

commencing at Maunganui Bluff (at 35°45.54′S and 173°33.30′E); then

(b)

proceeding in a southerly direction by the mean high-water mark to Kaipara Harbour–Pouto Point light (at 36°21.76′S and 174°10.87′E); then

(c)

proceeding by a straight line to Kaipara Harbour–South Head light (at 36°25.80′S and 174°14.20′E); then

(d)

proceeding by the mean high-water mark to the north-westernmost point of the south head of Kaipara Harbour (at 36°25.67′S and 174°13.94′E); then

(e)

proceeding by a straight line to Papakanui Spit east (at 36°25.71′S and 174°13.21′E); then

(f)

proceeding by a straight line to Papakanui Spit west (at 36°25.75′S and 174°12.70′E); then

(g)

proceeding by the mean high-water mark to Lawry Point (at 36°59.31′S and 174°37.05′E) on the northern side of Manukau Harbour; then

(h)

proceeding by a straight line to Channel Marker No 4 in Manukau Harbour (at 37°02.00′S and 174°42.10′E); then

(i)

proceeding by a straight line to a point at 37°04.04′S and 174°39.92′E; then

(j)

proceeding by the mean high-water mark to a point on the northern side of the Waikato River (at 37°22.59′S and 174°43.94′E); then

(k)

proceeding by a straight line to the jetty on the south head of the Waikato River (at 37°23.16′S and 174°43.94′E); then

(l)

proceeding by the mean high-water mark to a point on the northern side of Raglan Harbour (at 37°47.74′S and 174°51.54′E); then

(m)

proceeding by a straight line to Putoetoe Point (at 37°48.01′S and 174°51.87′E); then

(n)

proceeding by the mean high-water mark to Potahi Point at Aotea Harbour (at 38°00.56′S and 174°47.97′E); then

(o)

proceeding in a straight line to Kahua Point at Aotea Harbour (at 38°02.19′S and 174°47.09′E); then

(p)

proceeding by the mean high-water mark to Tauratahi Point at Kawhia Harbour (at 38°05.05′S and 174°46.86′E); then

(q)

proceeding by a straight line to Urawhitiki Point (at 38°05.26′S and 174°46.25′E); then

(r)

proceeding by the mean high-water mark to Tirua Point (at 38°23.22′S and 174°38.04′E); then

(s)

extending seaward in a westerly direction 7 nautical miles along the Auckland and Kermadec FMA boundary to a point at 38°21.80′S and 174°29.43′E; then

(t)

proceeding in a northerly direction at a distance of 7 nautical miles from the mean high-water mark to a point 7 nautical miles due west from Maunganui Bluff (at 35°45.54′S and 173°22.78′E); then

(u)

proceeding due east to Maunganui Bluff (at 35°45.54′S and 173°33.30′E).

(2)

For the purposes of the definition of Maunganui Bluff–Tirua Point set net prohibition area, a straight line joining the mean high-water mark at each side of a harbour entrance or, as the case may be, the natural entrance points of a river mouth must be treated as the inner boundary of that area if it extends seaward or as the outer boundary of that area if it extends landward, except in the case of any harbours or rivers for which specific co-ordinates are provided.

Schedule 14 clause 3: inserted, on 21 February 2014, by regulation 12(4) of the Fisheries (Amateur Fishing) Amendment Regulations 2014 (LI 2014/16).

Schedule 15 Defined areas: Central FMA

r 7(3)

1 Defined areas

(1)

In Part 4, unless the context otherwise requires,—

Amateur Taranaki Paua Fishery area means the area enclosed by a line—

(a)

commencing at a point on the northern bank of the Awakino River mouth (at 38°39.88′S and 174°37.26′E); then

(b)

proceeding due east to State Highway 3 (at 38°39.88′S and 174°37.44′E); then

(c)

proceeding in a north-easterly direction along State Highway 3 to a point where State Highway 3 intersects State Highway 4 (at 38°24.84′S and 175°06.54′E); then

(d)

proceeding in a southerly direction along State Highway 4 to a point where State Highway 4 intersects State Highway 3 (at 39°57.05′S and 175°03.36′E); then

(e)

proceeding in a north-westerly direction along State Highway 3 to a point where State Highway 3 intersects the southern bank of the Whanganui River (at 39°56.76′S and 175°02.82′E); then

(f)

proceeding in a westerly direction along the southern bank of the Whanganui River and along the wharf named South Mole to the navigational light “S Mole Head” (at 39°57.00′S and 174°58.90′E); then

(g)

proceeding in a straight line in a south-westerly direction to the point intersecting with the outer limit of the territorial sea at 40°06.44′S and 174°49.44′E; then

(h)

proceeding in a northerly direction following the outer limit of the territorial sea to a point at 38°39.88′S and 174°21.42′E; then

(i)

proceeding due east to the point of commencement

area of coast east of Cape Runaway means all those waters enclosed by a line—

(a)

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

(b)

proceeding in a straight line in a northerly direction to a position approximately 2 nautical miles from the point of commencement at 37°30.60′S and 178°04.80′E; then

(c)

proceeding in a westerly direction by a line each point of which is 2 nautical miles from the mean high-water mark to a point approximately 2 nautical miles north of Cape Runaway (at 37°32.30′S and 177°59.00′E); then

(d)

proceeding in a straight line in a southerly direction to the mean high-water mark at Cape Runaway (at 37°32.30′S and 177°50.00′E); then

(e)

proceeding in an easterly direction by the mean high-water mark to the point of commencement

fishery management area 8—Central (Egmont) has the same meaning as in Part 1 of Schedule 1 of the Act

Hokio Stream has the same meaning as in section 18(1) of the Reserves and Other Lands Disposal Act 1956

Lake Horowhenua has the same meaning as Lake in section 18(1) of the Reserves and Other Lands Disposal Act 1956

Pauatahanui Inlet means all those waters of Pauatahanui Inlet enclosed by a line—

(a)

commencing on the mean high-water mark at the north end of Pauatahanui Inlet (at 41°06.13′S and 174°52.17′E); then

(b)

proceeding in a southerly direction to the mean high-water mark at the south end of Pauatahanui Inlet (at 41°06.33′S and 174°52.18′E); then

(c)

proceeding in an easterly then westerly direction along the mean high-water mark of Pauatahanui Inlet to the point of commencement

Pukerua Bay means all those waters enclosed by a line—

(a)

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

(b)

proceeding north to a prominent rock at 41°01.68′S and 174°52.26′E; then

(c)

proceeding in a north-easterly direction to a point on the coast at 41°00.94′S and 174°54.96′E; then

(d)

proceeding in a south-westerly direction following the mean high-water mark to the point of commencement

Sugar Loaf Islands prescribed area means all those waters and islands enclosed by a line—

(a)

commencing at a point on the mean high-water mark (at 39°04.17′S and 174°01.10′E); then

(b)

proceeding in a north-westerly direction to a point at 39°02.73′S and 174°00.08′E; then

(c)

proceeding in a north-easterly direction to a point at 39°02.43′S and 174°00.41′E; then

(d)

proceeding along the line of an arc of 900 m radius from a point on Matumahanga (Saddleback Island) (at 39°02.74′S and 174°00.89′E) to a point at 39°02.37′S and 174°01.29′E; then

(e)

proceeding in a south-easterly direction to the navigation light on the lee breakwater of Port Taranaki (at 39°03.30′S and 174°02.68′E) to the point where this line intersects the north-western boundary of the New Plymouth Roadstead extended; then

(f)

proceeding to the point on the mean high-water mark where the north-western boundary of the New Plymouth Roadstead crosses the mean high-water mark in the vicinity of Paritutu; then

(g)

proceeding in a generally south-westerly direction along the mean high-water mark to the point of commencement

Tirua Point to Pariokariwa Point means all those waters enclosed by a line—

(a)

commencing at Tirua Point (at 38°23.22′S and 174°38.04′E); then

(b)

proceeding in a southerly direction by the mean high-water mark to the southernmost point of the north bank of the Awakino River (at 38°39.88′S and 174°37.24′E); then

(c)

proceeding in a straight line across the Awakino River to a point on the south bank of the Awakino River (at 38°39.92′S and 174°37.22′E); then

(d)

proceeding by the mean high-water mark to the southernmost point on the north bank of the Mokau River (at 38°42.36′S and 174°37.03′E); then

(e)

proceeding in a straight line across the Mokau River to a point on the south bank of the Mokau River (at 38°42.40′S and 174°37.01′E); then

(f)

proceeding by the mean high-water mark to the north bank of the Tongaporutu River (at 38°48.88′S and 174°35.23′E); then

(g)

proceeding in a straight line across the Tongaporutu River to a point on the south bank of the Tongaporutu River (at 38°48.98′S and 174°35.23′E); then

(h)

proceeding by the mean high-water mark to Pariokariwa Point (at 38°53.49′S and 174°30.35′E); then

(i)

proceeding in a north-westerly direction 7 nautical miles to a point offshore at 38°49.23′S and 174°23.23′E; then

(j)

proceeding in a northerly direction along a line 7 nautical miles from the mean high-water mark to a point offshore (at 38°21.80′S and 174°29.43′E); then

(k)

proceeding in a straight line along the Central FMA boundary in an easterly direction to Tirua Point (at 38°23.22′S and 174°38.04′E)

Wairoa Hard means all those waters enclosed by a line—

(a)

commencing at the mouth of the Moeangiangi River (at 39°14.75′S and 177°01.32′E); then

(b)

proceeding in a southerly direction to a point (at 39°16.60′S and 177°07.60′E); then

(c)

proceeding in a north-easterly direction to a point (at 39°11.30′S and 177°21.20′E); then

(d)

proceeding in a north-westerly direction to the Waihua River mouth (at 39°05.51′S and 177°17.60′E); then

(e)

proceeding by the mean high-water mark to the northern bank of the mouth of the Mohaka River; then

(f)

proceeding by the mean high-water mark to the point of commencement.

(2)

For the purposes of the definition of Tirua Point to Pariokariwa Point in subclause (1), a straight line joining the mean high-water mark at each side of a harbour entrance or, as the case may be, the natural entrance points of a river mouth must be treated as the inner boundary of that area if it extends seaward or as the outer boundary of that area if it extends landward, except in the case of any harbours or rivers for which specific co-ordinates are provided.

Compare: SR 1986/223 rr 4(2), 4A, 4C(5), 5(5), (6), 5B, 5C, 5D(2)

Schedule 15 clause 1(1) Sugar Loaf Islands conservation area: revoked, on 21 February 2014, by regulation 13(1) of the Fisheries (Amateur Fishing) Amendment Regulations 2014 (LI 2014/16).

Schedule 15 clause 1(1) Sugar Loaf Islands prescribed area: replaced, on 21 February 2014, by regulation 13(2) of the Fisheries (Amateur Fishing) Amendment Regulations 2014 (LI 2014/16).

Schedule 16 Defined areas: Challenger FMA

r 7(4)

1 Defined areas: general

(1)

In Part 5, unless the context otherwise requires,—

Challenger (East) area means all those waters enclosed by a line—

(a)

commencing at Farewell Spit lighthouse (at 40°32.70′S and 173°00.50′E); then

(b)

proceeding due north to a point in the Challenger FMA at 39°38.00′S and 173°00.50′E; then

(c)

proceeding in a south-easterly direction to a point at 40°32.00′S and 174°20.00′E; then

(d)

proceeding in a southerly direction to the Brothers Island lighthouse (at 41°06.20′S and 174°26.50′E); then

(e)

proceeding in a southerly direction to a point at 42°10.00′S and 174°42.00′E; then

(f)

proceeding due west to the mean high-water mark of the South Island near Clarence Point (at 42°10.00′S and 173°56.00′E); then

(g)

proceeding by the mean high-water mark of the South Island in northerly, westerly, and south-westerly directions to the point of commencement

Clarence Point to Cape Jackson means all those waters enclosed by a line—

(a)

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

(b)

proceeding due east 4 nautical miles to the point on the Challenger FMA boundary at 42°10.00′S and 174°01.74′E; then

(c)

proceeding in a northerly direction in a line 4 nautical miles from the mean high-water mark to the point on the Challenger FMA boundary at 41°11.37′S and 174°27.76′E; then

(d)

proceeding in a straight line in a north-westerly direction to the Brothers Island lighthouse (at 41°06.20′S and 174°26.50′E); then

(e)

proceeding in a straight line in a northerly direction to the point on the Challenger FMA boundary at 41°01.85′S and 174°25.67′E; then

(f)

proceeding in a north-westerly direction in a line 4 nautical miles from the mean high-water mark to a point 4 nautical miles due north of Cape Jackson light (at 40°55.62′S and 174°18.80′E); then

(g)

proceeding due south to Cape Jackson light (at 40°59.70′S and 174°18.80′E); then

(h)

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

(i)

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

(j)

proceeding in a southerly direction by the mean high-water mark to Clarence Point (at 42°10.00′S and 173°56.00′E)

Croisilles Harbour means all those waters enclosed by a line—

(a)

commencing at Cape Soucis (at 41°03.20′S and 173°35.60′E); then

(b)

proceeding to the outermost point of Motuanauru Island (at 41°02.50′S and 173°38.40′E); then

(c)

proceeding to the outermost point of Otuhaereroa Island (at 41°02.30′S and 173°39.60′E); then

(d)

proceeding to Kakaho Point (at 41°02.30′S and 173°40.30′E); then

(e)

proceeding in a south-easterly, south-westerly, then north-westerly direction along the mean high-water mark of Croisilles Harbour to the point of commencement

Double Cove means all those waters of Queen Charlotte Sound enclosed by a line—

(a)

commencing at Nohokouau Point (at 41°14.36′S and 174°00.53′E); then

(b)

proceeding to the southernmost point of the peninsula lying between Double Cove and Torea Bay (at 41°14.43′S and 174°01.47′E); then

(c)

proceeding in a northerly then southerly direction along the mean high-water mark of Double Cove to the point of commencement

inner Queen Charlotte Sound means all those waters enclosed by a line—

(a)

commencing at the mean high-water mark at Ruakaka Bay–West Head (at 41°12.93′S and 174°08.63′E); then

(b)

proceeding in a southerly direction to Dieffenbach Point (at 41°14.00′S and 174°08.70′E); then

(c)

proceeding in a westerly then an easterly direction along the mean high-water mark of Queen Charlotte Sound to the point of commencement

Kenepuru Sound means all those waters enclosed by a line—

(a)

commencing at the mean high-water mark at Koutuwai Point (at 41°12.53′S and 173°52.38′E); then

(b)

proceeding in a south-westerly direction to an unnamed point at the southern entrance to Kenepuru Sound (at 41°13.30′S and 173°51.70′E); then

(c)

proceeding in an easterly then westerly direction along the mean high-water mark of Kenepuru Sound to the point of commencement

Marlborough Sounds area means all those waters enclosed by a line—

(a)

commencing at West Head of Tory Channel on the north coast of the South Island (at 41°12.79′S and 174°18.92′E); then

(b)

proceeding in a straight line to East Head of Tory Channel (at 41°12.60′S and 174°19.40′E); then

(c)

proceeding in a northerly direction by the mean high-water mark to Cape Koamaru (at 41°05.50′S and 174°23.00′E); then

(d)

proceeding in a straight line to Cape Jackson lighthouse (at 40°59.70′S and 174°18.80′E); then

(e)

proceeding in a straight line to the northernmost point of Stephens Island (at 40°39.90′S and 174°00.00′E); then

(f)

proceeding in a south-westerly direction by the mean high-water mark to the southernmost point of Stephens Island (at 40°40.60′S and 173°59.40′E); then

(g)

proceeding in a straight line to Cape Stephens (at 40°41.57′S and 173°57.21′E); then

(h)

proceeding in a southerly direction by the mean high-water mark along the eastern side of D’Urville Island to Reef Point at French Pass (at 40°55.17′S and 173°50.01′E); then

(i)

proceeding in a straight line to Channel Point lighthouse (at 40°55.50′S and 173°50.10′E); then

(j)

proceeding in an easterly direction by the mean high-water mark of the South Island to the point of commencement

Maud Island closed area means all those waters enclosed by a line—

(a)

commencing on the mean high-water mark (at 41°01.21′S and 173°51.75′E); then

(b)

proceeding in a southerly direction to a point offshore (at 41°02.21′S and 173°52.08′E); then

(c)

proceeding in an easterly direction to a point offshore (at 41°02.75′S and 173°54.75′E); then

(d)

proceeding in a north-easterly direction to a point offshore (at 41°01.70′S and 173°55.34′E); then

(e)

proceeding in a north-westerly direction to a point on the mean high-water mark (at 40°59.92′S and 173°54.14′E); then

(f)

proceeding in a westerly direction by the mean high-water mark to the point of commencement

Needles Point to Cape Jackson means the following waters:

(a)

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

(i)

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

(ii)

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

(iii)

proceeding generally in a 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); then

(iv)

proceeding 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)

proceeding generally in a 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—

(i)

commencing 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); then

(ii)

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

(iii)

proceeding 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); then

(iv)

proceeding 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); then

(v)

proceeding 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—

(i)

commencing 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); then

(ii)

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

(iii)

proceeding 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); then

(iv)

proceeding 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); then

(v)

proceeding 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—

(i)

commencing 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); then

(ii)

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

(iii)

proceeding 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); then

(iv)

proceeding 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); then

(v)

proceeding 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

part Pelorus Sound means all those waters—

(a)

enclosed by a line—

(i)

commencing at Cregoe Point (at 41°03.20′S and 173°49.90′E); then

(ii)

proceeding in a north-westerly direction to Camel Point (at 41°01.91′S and 173°48.60′E); then

(iii)

proceeding in a northerly direction to Sheep Point (at 41°01.07′S and 173°48.84′E); then

(iv)

proceeding along the mean high-water mark of Fitzroy Bay and Tennyson Inlet to the point of commencement; and

(b)

enclosed by a line—

(i)

commencing at Tawero Point (at 41°03.80′S and 173°57.00′E); then

(ii)

proceeding in a south-easterly direction to Opani-aputa Point (at 41°04.70′S and 173°58.50′E); then

(iii)

proceeding along the mean high-water mark of Pelorus Sound and Kenepuru Sound to the point of commencement

waters of Pelorus Sound means all those waters enclosed by a line—

(a)

commencing at Tawero Point (at 41°03.80′S and 173°57.00′E); then

(b)

proceeding in a south-easterly direction to Opani-aputa Point (at 41°04.70′S and 173°58.50′E); then

(c)

proceeding along the mean high-water mark of Pelorus Sound and Kenepuru Sound to the point of commencement.

(2)

For the purposes of the definition of Clarence Point to Cape Jackson in subclause (1), a straight line joining the mean high-water mark at each side of a harbour entrance or, as the case may be, the natural entrance points of a river mouth must be treated as the inner boundary of that area if it extends seaward or as the outer boundary of that area if its extends landward, except in the case of any harbours or rivers for which specific co-ordinates are provided.

Compare: SR 1986/224 rr 2A, 4, 4AA(2), 4A, 4AB, 4AC(2), 4E(2)

Schedule 16 clause 1(1) Challenger (East) area: replaced, on 20 December 2015, by regulation 16 of the Fisheries (Amateur Fishing) Amendment Regulations 2015 (LI 2015/269).

2 Definition of Farewell Spit lighthouse to Awarua Point

(1)

In Part 5, Farewell Spit lighthouse to Awarua Point means all those waters enclosed by a line—

(a)

commencing at Farewell Spit lighthouse (at 40°32.70′S and 173°00.50′E); then

(b)

proceeding in a southerly direction by the mean high-water mark to the southernmost point of the north bank of the Whanganui Inlet’s east headland (at 40°34.46′S and 172°33.05′E); then

(c)

proceeding in a straight line to the Whanganui Inlet’s west headland (at 40°35.00′S and 172°32.00′E); then

(d)

proceeding in a southerly direction by the mean high-water mark to the southernmost point of the north bank of the Little Wanganui east head (at 41°23.46′S and 172°03.63′E); then

(e)

proceeding in a straight line to the Little Wanganui west head (at 41°23.46′S and 172°03.19′E); then

(f)

proceeding in a southerly direction by the mean high-water mark to the southernmost point of the north bank of the Mokihinui River (at 41°31.18′S and 171°56.31′E); then

(g)

proceeding in a straight line to the south bank of the Mokihinui River (at 41°31.43′S and 171°56.11′E); then

(h)

proceeding in a southerly direction by the mean high-water mark to the southernmost point of the north bank of the east head of the Orowaiti Lagoon (at 41°44.42′S and 171°40.16′E); then

(i)

proceeding in a straight line to the west head of the Orowaiti Lagoon (at 41°44.42′S and 171°39.37′E); then

(j)

proceeding in a southerly direction by the mean high-water mark to the Buller River east bank (at 41°43.93′S and 171°35.62′E); then

(k)

proceeding in a straight line to the Buller River west bank (at 41°43.93′S and 171°35.17′E); then

(l)

proceeding in a southerly direction by the mean high-water mark to the east bank of the Waitakere/Nile River (at 41°53.81′S and 171°26.71′E); then

(m)

proceeding in a straight line to the Waitakere/Nile River west bank (at 41°53.81′S and 171°26.62′E); then

(n)

proceeding in a southerly direction by the mean high-water mark to the southernmost point of the north bank of the Grey River (Mawheranui) (at 42°26.32′S and 171°11.49′E); then

(o)

proceeding in a straight line to the south bank of the Grey River (Mawheranui) (at 42°26.39′S and 171°11.38′E); then

(p)

proceeding in a southerly direction by the mean high-water mark to the southernmost point of the north bank of the Hokitika River (at 42°43.22′S and 170°57.10′E); then

(q)

proceeding in a straight line to the south bank of the Hokitika River (at 42°43.31′S and 170°56.91′E); then

(r)

proceeding in a southerly direction by the mean high-water mark to the southernmost point of the north bank of the Kakapotahi River (at 42°57.26′S and 170°39.74′E); then

(s)

proceeding in a straight line to the Kakapotahi River south bank (at 42°57.40′S and 170°39.53′E); then

(t)

proceeding in a southerly direction by the mean high-water mark to the westernmost point of Awarua Point (at 44°15.60′S and 168°03.10′E); then

(u)

proceeding due west 2 nautical miles to a point on the Challenger FMA boundary (at 44°15.60′S and 168°00.26′E); then

(v)

proceeding in a northerly direction in a line 2 nautical miles from the mean high-water mark to a point 2 nautical miles north of Farewell Spit lighthouse (at 40°30.26′S and 173°00.50′E); then

(w)

proceeding due south to the point of commencement.

(2)

For the purposes of subclause (1), a straight line joining the mean high-water mark at each side of a harbour entrance or, as the case may be, the natural entrance points of a river mouth must be treated as the inner boundary of that area if it extends seaward or as the outer boundary of that area if it extends landward, except in the case of any harbours or rivers for which specific co-ordinates are provided.

Compare: SR 1986/224 r 4AD

Schedule 17 Defined areas: South-East FMA

r 7(5)

1 Definitions: general

In Part 6, unless the context otherwise requires,—

Akaroa Harbour means all those waters enclosed by a straight line between—

(a)

the south-easternmost point of Timutimu Head (known as Iron Head) (at 43°54.00′S and 172°57.00′E); and

(b)

the southernmost point of Te Ruahine Point (at 43°53.30′S and 172°58.20′E)

Akaroa Harbour taiapure means the area described in the Schedule of the Fisheries (Akaroa Harbour Taiapure) Order 2006

Catlins Lake means all those waters of the Catlins Lake and tributaries running into the Catlins Lake that lie upstream of the main road bridge on Hina Hina Road, commencing at a point at 46°28.50′S and 169°45.60′E and then proceeding in a southerly direction to 46°28.60′S and 169°45.60′E

Chatham Islands rock lobster fishery means the rock lobster fishery within all that area of New Zealand fisheries waters enclosed by a line—

(a)

commencing at the point 40° 25′S and 178°W on the outer limits of the exclusive economic zone; then

(b)

proceeding along the outer limits of the zone to the point 51°50′S and 174°35′E; then

(c)

proceeding in a straight line to the point 50°55′S and 173°50′E; then

(d)

proceeding along the outer limits of the zone to the point 48°15′S and 174°E; then

(e)

proceeding in a straight line to the point of commencement

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

estuary of the Heathcote and Avon (Ōtākaro) Rivers Ihutai means all those waters extending landward of a straight line between—

(a)

the northern side of the estuary of the Heathcote and Avon (Ōtākaro) Rivers Ihutai (at 43°33.69′S and 172°44.97′E); and

(b)

the southern side of the estuary of the Heathcote and Avon (Ōtākaro) Rivers Ihutai (at 43°33.84′S and 172°44.97′E)

inner Akaroa Harbour means that part of Akaroa Harbour lying in a straight line between—

(a)

Ohae (at 43°48.14′S and 172°55.31′E); and

(b)

Green Point (at 43°48.91′S and 172°56.94′E)

inner Lyttelton Harbour (Whakaraupo) means that part of Lyttelton Harbour (Whakaraupo) enclosed by a line—

(a)

commencing at Rapaki South (at 43°36.81′S and 172°40.35′E); then

(b)

proceeding in a straight line to Quail Island North (at 43°37.37′S and 172°41.51′E); then

(c)

proceeding in a south-easterly direction by the mean high-water mark of Quail Island to Quail Island jetty (at 43°37.83′S and 172°41.99′E); then

(d)

proceeding in a straight line to the western point of Hays Bay (at 43°38.14′S and 172°42.63′E)

inner Pigeon Bay means that part of Pigeon Bay lying in a straight line between—

(a)

a westerly point at 43°40.13′S and 172°53.39′E; and

(b)

an easterly point at 43°40.18′S and 172°54.33′E

inner Port Levy means that part of Port Levy lying in a straight line between—

(a)

Kaitara Wharf (at 43°38.84′S and 172°49.19′E); and

(b)

Puari Jetty (at 43°38.87′S and 172°50.19′E)

Kaikoura–North Canterbury area means all those waters enclosed by a line—

(a)

commencing at the point at 42°10.00′S and 176°00.00′E; then

(b)

proceeding due south to the point at 43°23.62′S and 176°00.00′E; then

(c)

proceeding due west to the mean high-water mark near the south bank of the Waimakariri River (at 43°23.62′S and 172°42.43′E); then

(d)

proceeding in a north-easterly direction by the mean high-water mark to a point near Clarence Point (at 42°10.00′S and 173°56.50′E); then

(e)

proceeding due east to the point of commencement

Lyttelton Harbour (Whakaraupo) means all those waters enclosed by a straight line between—

(a)

Godley Head lighthouse (at 43°35.40′S and 172°48.50′E); and

(b)

Adderley Head (at 43°35.00′S and 172°49.70′E)

Onawe Peninsula marine area means all the marine and estuarine waters surrounding Onawe Peninsula in Akaroa Harbour that are enclosed by a line—

(a)

commencing at a point east of the southernmost point of Onawe Flat Road on the eastern coast of Onawe Peninsula (at 43°45.79′S and 172°55.63′E); then

(b)

proceeding in a north-easterly direction to the point 50 m offshore at 43°45.78′S and 172°55.67′E; then

(c)

proceeding in a southerly and then northerly direction along a line each point of which is 50 m from the mean high-water springs mark of Onawe Peninsula to a point 50 m off the coast on the western side of the peninsula (at 43°45.82′S and 172°55.54′E); then

(d)

proceeding in a north-easterly direction to a point south-west of the southernmost point of Onawe Flat Road on the western coast of Onawe Peninsula (at 43°45.80′S and 172°55.58′E); then

(e)

proceeding south by the mean high-water mark to the point of commencement

Otago Harbour means all those waters of Otago Harbour enclosed by a straight line between—

(a)

Heywards Point (at 45°45.40′S and 170°41.40′E); and

(b)

Taiaroa Head (at 45°46.50′S and 170°43.60′E)

Port Chalmers area means all those waters in the lower harbour in the vicinity of Port Chalmers lying to the west of a line—

(a)

from Back Beach Point (at 45°49.21′S and 170°37.67′E); then

(b)

proceeding in an easterly direction to a beacon (at 45°49.26′S and 170°37.92′E); then

(c)

proceeding in a north-westerly direction to the shore at Rocky Point (at 45°48.35′S and 170°37.70′E)

southern part of East Otago taiapure means the area enclosed by a line—

(a)

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

(b)

proceeding due east to the point at 45°38.40′S and 170°40.69′E; then

(c)

proceeding in a south-westerly direction to Brinns Point (at 45°40.32′S and 170°39.18′E); then

(d)

proceeding in a south-westerly direction to a point on Warrington Spit (at 45°43.73′S and 170°36.00′E); then

(e)

proceeding in a south-easterly direction to Potato Point (at 45°44.42′S and 170°38.30′E); then

(f)

proceeding west and north along the mean high-water mark to the point of commencement

Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area means all those waters enclosed by a line—

(a)

commencing at a point on the mean high-water mark at Clarence Point (at 42°09.809′S and 173°56.379′E); then

(b)

proceeding in a straight line in a south-easterly direction to a point on the outer limit of the territorial sea (at 42°16.440′S and 174°09.855′E); then

(c)

proceeding in a south-westerly direction following the outer limit of the territorial sea to a point at 42°40.715′S and 173°44.093′E; then

(d)

proceeding in a straight line in a north-westerly direction to a point on the mean high-water mark approximately 300 m north of the mouth of the Conway River (at 42°36.909′S and 173°28.173′E); then

(e)

proceeding in a generally north-easterly direction along the mean high-water mark to the point of commencement

Upper Otago Harbour means all those waters of the upper harbour that lie to the north and west of a line—

(a)

commencing at Burns Point (at 45°53.20′S and 170°31.60′E); then

(b)

proceeding in a north-easterly direction to the point on the low-tide training wall at 45°52.62′S and 170°31.70′E; then

(c)

proceeding in a north-easterly direction along the low-tide training wall to the point at 45°50.18′S and 170°36.08′E; then

(d)

proceeding in a northerly direction to Kilgour Point (at 45°49.96′S and 170°36.15′E).

Compare: SR 1986/225 rr 3, 3AB(4), 3D(2), 4, 6, 6A(2), 6B, 6DE(2), 6EA(2)

Schedule 17 clause 1 Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area: inserted, on 8 August 2014, by section 29(2) of the Kaikōura (Te Tai o Marokura) Marine Management Act 2014 (2014 No 59).

2 Definition of Clarence Point to Slope Point

(1)

In Part 6, Clarence Point to Slope Point means all those waters enclosed by a line—

(1)

commencing at Clarence Point (at 42°10.00′S and 173°56.00′E); then

(2)

proceeding in a southerly direction by the mean high-water mark to the north bank of the Waiau River mouth (at 42°45.81′S and 173°23.03′E); then

(3)

proceeding in a straight line to the south bank of the Waiau River mouth (at 42°47.08′S and 173°22.33′E); then

(4)

proceeding in a southerly direction by the mean high-water mark to the north bank of the Hurunui River mouth (at 42°54.07′S and 173°17.67′E); then

(5)

proceeding in a straight line to the south bank of the Hurunui River mouth (at 42°54.75′S and 173°16.82′E); then

(6)

proceeding in a southerly direction by the mean high-water mark to the north bank of the Ashley River (Rakahui) (at 43°14.68′S and 172°44.10′E); then

(7)

proceeding in a straight line to the south bank of the Ashley River (Rakahui) (at 43°16.65′S and 172°43.41′E); then

(8)

proceeding in a southerly direction by the mean high-water mark to the north bank of the Waimakariri River mouth (at 43°23.29′S and 172°42.54′E); then

(9)

proceeding in a straight line to the south bank of the Waimakariri River mouth (at 43°23.50′S and 172°42.54′E); then

(10)

proceeding in a southerly direction by the mean high-water mark to the northern side of the estuary of the Heathcote and Avon (Ōtākaro) Rivers Ihutai (at 43°33.69′S and 172°44.97′E); then

(11)

proceeding in a straight line to the southern side of the estuary of the Heathcote and Avon (Ōtākaro) Rivers Ihutai (at 43°33.84′S and 172°44.97′E); then

(12)

proceeding in a southerly direction by the mean high-water mark to the north bank of the Waitaki River mouth (at 44°55.50′S and 171°09.00′E); then

(13)

proceeding in a straight line to the south bank of the Waitaki River mouth (at 44°57.60′S and 171°07.70′E); then

(14)

proceeding in a southerly direction by the mean high-water mark to the north head of Shag River (Waihemo) (at 45°28.72′S and 170°49.01′E); then

(15)

proceeding in a straight line to the south head of the Shag River (Waihemo) (at 45°28.83′S and 170°49.03′E); then

(16)

proceeding in a southerly direction by the mean high-water mark to the north head of Pleasant River (at 45°34.00′S and 170°43.67′E); then

(17)

proceeding in a straight line to the south head of Pleasant River (at 45°34.20′S and 170°43.67′E); then

(18)

proceeding in a southerly direction by the mean high-water mark to the north head of Waikouaiti River (at 45°38.39′S and 170°39.71′E); then

(19)

proceeding in a straight line to the south head of Waikouaiti River (at 45°38.48′S and 170°39.71′E); then

(20)

proceeding in a southerly direction by the mean high-water mark to Warrington Spit, Blueskin Bay (at 45°43.73′S and 170°36.00′E); then

(21)

proceeding in a straight line to the south head of Blueskin Bay (at 45°44.00′S and 170°36.00′E); then

(22)

proceeding in a southerly direction by the mean high-water mark to the west head of Purakaunui Inlet (at 45°44.06′S and 170°37.05′E); then

(23)

proceeding in a straight line to the east head of Purakaunui Inlet (at 45°44.06′S and 170°37.72′E); then

(24)

proceeding in a southerly direction by the mean high-water mark to the north-eastern end of the mole at Otago Harbour (at 45°46.24′S and 170°43.20′E); then

(25)

proceeding in a straight line in a south-easterly direction to the point at 45°46.32′S and 170°43.54′E; then

(26)

proceeding in a south-westerly direction to the point at 45°46.43′S and 170°43.21′E; then

(27)

proceeding due south to the point at 45°47.10′S and 170°43.21′E; then

(28)

proceeding due east to Harrington Point (at 45°47.10′S and 170°43.51′E); then

(29)

proceeding in a southerly direction by the mean high-water mark to the north head of Papanui Inlet (at 45°50.60′S and 170°43.82′E); then

(30)

proceeding in a straight line to the south head of Papanui Inlet (at 45°50.88′S and 170°43.82′E); then

(31)

proceeding in a southerly direction by the mean high-water mark to the east head of Hoopers Inlet (at 45°52.78′S and 170°40.92′E); then

(32)

proceeding in a straight line to the west head of Hoopers Inlet (at 45°52.87′S and 170°40.65′E); then

(33)

proceeding in a southerly direction by the mean high-water mark to the north bank of the Taieri River mouth (at 46°03.08′S and 170°11.92′E); then

(34)

proceeding in a straight line to the south bank of the Taieri River mouth (at 46°03.37′S and 170°11.92′E); then

(35)

proceeding in a southerly direction by the mean high-water mark to a point on the north bank of Catlins Lake (at 46°28.67′S and 169°43.13′E); then

(36)

proceeding due south to the south bank of Catlins Lake (at 46°29.18′S and 169°43.13′E); then

(37)

proceeding in a southerly direction by the mean high-water mark to the north bank of the Fleming River mouth (at 46°35.88′S and 169°25.57′E); then

(38)

proceeding in a straight line to the south bank of the Fleming River mouth (at 46°36.03′S and 169°25.82′E); then

(39)

proceeding in a line in a southerly direction by the mean high-water mark to the north bank of the Waipati River mouth (at 46°37.13′S and 169°21.23′E); then

(40)

proceeding in a straight line to the south bank of the Waipati River mouth (at 46°37.29′S and 169°21.23′E); then

(41)

proceeding in a southerly direction by the mean high-water mark to the east head of Waikawa Harbour (at 46°38.09′S and 169°09.05′E); then

(42)

proceeding in a straight line to the west head of Waikawa Harbour (at 46°38.41′S and 169°08.31′E); then

(43)

proceeding in a line in a southerly direction by the mean high-water mark to the eastern side of Haldane Estuary (at 46°39.52′S and 169°02.37′E); then

(44)

proceeding in a straight line to the western side of Haldane Estuary (at 46°39.78′S and 169°01.43′E); then

(45)

proceeding in a southerly direction by the mean high-water mark to Slope Point (at 46°40.50′S and 169°00.00′E); then

(46)

proceeding 4 nautical miles in a south-easterly direction along the South-East FMA boundary from Slope Point to the point at 46°44.36′S and 169°03.57′E; then

(47)

proceeding in a northerly direction at a distance of 4 nautical miles from the mean high-water mark to a point 4 nautical miles east of Clarence Point (at 42°10.00′S and 174°01.74′E); then

(48)

proceeding due west to the point of commencement.

(2)

For the purposes of subclause (1), a straight line joining the mean high-water marks at each side of the natural entrance points of a river mouth must be treated as the inner boundary of that area if it extends seaward or as the outer boundary of that area if it extends landward, except in the case of any rivers for which specific co-ordinates are provided.

Compare: SR 1986/225 r 6E

Schedule 18 Defined areas: Southland and Sub-Antarctic FMA

r 7(6)

1 Areas defined

(1)

In Part 7, unless the context otherwise requires,—

Fiordland (Te Moana o Atawhenua) marine area means the area established by section 6(1) of the Fiordland (Te Moana o Atawhenua) Marine Management Act 2005

Foveaux Strait restricted dredging area: north-east coast of Ruapuke Island means all those waters of Foveaux Strait enclosed by a line—

(a)

commencing at North Head on Ruapuke Island (at 46°44.20′S and 168°31.92′E); then

(b)

proceeding to Seal Rock (at 46°45.05′S and 168°35.82′E); then

(c)

proceeding to the westernmost point of Green Island (at 46°46.20′S and 168°34.00′E); then

(d)

proceeding to Parangiaio Point on Ruapuke Island (at 46°46.25′S and 168.32.58′E); then

(e)

proceeding along the mean high-water mark to the point of commencement

Foveaux Strait restricted dredging area: north-east coast of Stewart Island means all those waters of Foveaux Strait enclosed by a line—

(a)

commencing at Saddle Point on Stewart Island (at 46°43.31′S and 167°58.56′E); then

(b)

proceeding in a south-easterly direction to Garden Point (at 46°46.46′S and 168°00.18′E); then

(c)

proceeding in a south-easterly direction in a straight line to Mamaku Point (at 46°51.70′S and 168°08.64′E); then

(d)

proceeding along the mean high-water mark to the point of commencement

Foveaux Strait restricted dredging area: Paterson Inlet (Whaka a Te Wera), including waters to Bench Island means all those waters of Paterson Inlet (Whaka a Te Wera) enclosed by a line—

(a)

commencing at Ackers Point (at 46°53.80′S and 168°09.80′E); then

(b)

proceeding in an easterly direction to Sprat Point on Bench Island (at 46°54.20′S and 168°14.40′E); then

(c)

proceeding in a southerly direction by the mean high-water mark to the south-westernmost point on Bench Island (at 46°54.82′S and 168°13.68′E); then

(d)

proceeding in a southerly direction to East Cape on Stewart Island (at 46°00.90′S and 168°13.70′E); then

(e)

proceeding by the mean high-water mark to the point of commencement

internal waters of Fiordland means—

(a)

those waters of Long Sound lying to the east of a line—

(i)

commencing at a point at 46°05.16′S and 166°42.67′E; then

(ii)

proceeding in a north-westerly direction to a point at 46°03.67′S and 166°41.41′E; and

(b)

those waters of Chalky Inlet lying to the east of a line—

(i)

commencing at a point at 45°58.22′S and 166°35.74′E; then

(ii)

proceeding in a south-easterly direction to a point at 45°58.99′S and 166°37.69′E; and

(c)

those waters of Dusky Sound lying to the east of a line—

(i)

commencing at a point at 45°45.06′S and 166°36.83′E; then

(ii)

proceeding in a south-westerly direction to a point at 45°46.38′S and 166°36.45′E; then

(iii)

proceeding in a south-westerly direction to a point at 45°47.72′S and 166°35.77′E; and

(d)

those waters of Acheron Passage lying to the east and to the south of a line—

(i)

commencing at a point at 45°36.76′S and 166°42.40′E; then

(ii)

proceeding in a north-easterly direction to a point at 45°36.15′S and 166°43.38′E; and

(e)

those waters of Breaksea Sound lying to the east of a line—

(i)

commencing at a point at 45°35.85′S and 166°43.74′E; then

(ii)

proceeding in a north-westerly direction to a point at 45°34.91′S and 166°42.73′E; and

(f)

those waters of Dagg Sound lying to the east of a line—

(i)

commencing at a point at 45°23.81′S and 166°48.44′E; then

(ii)

proceeding in a northerly direction to a point at 45°23.44′S and 166°48.52′E; and

(g)

those waters of Doubtful Sound (Patea) lying to the east of a line—

(i)

commencing at a point at 45°17.56′S and 166°52.68′E; then

(ii)

proceeding in a north-easterly direction to a point at Jamieson Head on Bauza Island (at 45°17.15′S and 166°53.01′E); then

(iii)

proceeding in a north-easterly direction by the mean high-water mark of the northern side of Bauza Island to a point on the north-eastern side of Bauza Island (at 45°16.81′S and 166°54.61′E); then

(iv)

proceeding in a north-easterly direction to a point on Secretary Island (at 45°16.59′S and 166°55.21′E); and

(h)

those waters of Thompson and Bradshaw Sounds lying to the east and to the south of a line—

(i)

commencing at a point at 45°10.60′S and 166°57.90′E; then

(ii)

proceeding in a south-easterly direction to a point at 45°11.36′S and 166°58.31′E; and

(i)

those waters of Nancy Sound lying to the east of a line—

(i)

commencing at a point at 45°07.98′S and 167°04.43′E; then

(ii)

proceeding in a north-westerly direction to a point at 45°06.77′S and 167°02.38′E; and

(j)

those waters of Charles Sound lying to the east of a line—

(i)

commencing at a point at 45°04.68′S and 167°06.21′E; then

(ii)

proceeding in a north-easterly direction to a point at 45°04.41′S and 167°06.66′E; and

(k)

those waters of Caswell Sound lying to the east of a line—

(i)

commencing at a point at 45°01.23′S and 167°10.23′E; then

(ii)

proceeding in a north-westerly direction to a point at 45°00.58′S and 167°08.95′E; and

(l)

those waters of George Sound lying to the east and to the south of a line—

(i)

commencing at a point at 44°53.10′S and 167°23.11′E; then

(ii)

proceeding in a south-westerly direction to a point at 44°53.43′S and 167°21.99′E; and

(m)

those waters of Bligh Sound lying to the east and to the south of a line—

(i)

commencing at a point at 44°48.05′S and 167°32.29′E; then

(ii)

proceeding in a north-easterly direction to a point at 44°47.88′S and 167°32.43′E; and

(n)

those waters of Sutherland Sound lying to the east of a line—

(i)

commencing at a point at 44°44.31′S and 167°35.61′E; then

(ii)

proceeding in a south-easterly direction to a point at 44°44.36′S and 167°35.64′E; and

(o)

those waters of Milford Sound (Piopiotahi) extending east of a straight line—

(i)

commencing at Dale Point (at 44°35.99′S and 167°49.12′E); then

(ii)

proceeding in a south-westerly direction to a point at 44°36.33′S and 167°48.71′E

Milford Sound (Piopiotahi) blue cod closure area means all those waters of Milford Sound (Piopiotahi) extending east of a straight line—

(a)

commencing at Dale Point (at 44°35.99′S and 167°49.12′E); then

(b)

proceeding in a south-westerly direction to a point at 44°36.33′S and 167°48.71′E

Paterson Inlet (Whaka a Te Wera) means all those waters enclosed by a straight line—

(a)

commencing at Ackers Point on Stewart Island (Rakiura) (at 46°53.80′S and 168°09.80′E); then

(b)

proceeding to a point at Bullers Point on The Neck on Stewart Island (Rakiura) (at 46°55.23′S and 168°11.65′E)

Pendulo Reach, Doubtful Sound (Patea) means all those waters enclosed by a line—

(a)

commencing at Espinosa Point at 45°18.86′S and 167°00.45′E; then

(b)

proceeding in a straight line in a north-westerly direction to Quintano Point on Secretary Island at 45°18.16′S and 166°58.57′E; then

(c)

proceeding in a straight line in an easterly direction to Omapere Rock at 45°18.17′S and 166°59.72′E; then

(d)

proceeding in a straight line in a north-easterly direction to Common Head on Secretary Island at 45°17.87′S and 167°00.16′E; then

(e)

proceeding in a straight line in an easterly direction to an unnamed point at 45°17.73′S and 167°01.82′E; then

(f)

proceeding in a straight line in a south-westerly direction to an unnamed point at 45°18.12′S and 167°01.49′E; then

(g)

proceeding in a generally westerly direction along the mean high-water mark to the point of commencement

Slope Point to Sand Hill Point means all those waters enclosed by a line—

(a)

commencing at Slope Point (at 46°40.50′S and 169°00.00′E); then

(b)

proceeding in a north-westerly direction by the mean high-water mark to the eastern entrance of Toetoes Harbour (at 46°34.94′S and 168°47.94′E); then

(c)

proceeding in a straight line to the western entrance of Toetoes Harbour (at 46°34.87′S and 168°47.73′E); then

(d)

proceeding in a westerly direction by the mean high-water mark to Tiwai Point (at 46°36.13′S and 168°22.23′E); then

(e)

proceeding in a straight line to Stirling Point (at 46°36.73′S and 168°21.56′E); then

(f)

proceeding in a north-westerly direction by the mean high-water mark to the southern side of New River Estuary mouth (at 46°31.00′S and 168°16.24′E); then

(g)

proceeding in a straight line to the northern side of New River Estuary mouth (at 46°29.49′S and 168°16.24′E); then

(h)

proceeding in a north-westerly direction by the mean high-water mark to the northern side of Jacobs River Estuary (at 46°21.46′S and 168°01.34′E); then

(i)

proceeding in a straight line to Talls Point (at 46°21.60′S and 168°01.34′E); then

(j)

proceeding in a westerly direction by the mean high-water mark to Sand Hill Point (at 46°15.20′S and 167°19.05′E); then

(k)

proceeding in a straight line to a point 4 nautical miles offshore from Sand Hill Point (at 46°19.29′S and 167°19.89′E); then

(l)

proceeding in an easterly direction at a distance of 4 nautical miles from the mean high-water mark to a point offshore (at 46°17.13′S and 167°25.38′E); then

(m)

proceeding in a straight line in a south-easterly direction to a point offshore (at 46°20.15′S and 167°35.97′E); then

(n)

proceeding in an easterly direction at a distance of 4 nautical miles from the mean high-water mark to a point on the Southland and Sub-Antarctic FMA boundary (at 46°44.36′S and 169°03.57′E); then

(o)

proceeding in a straight line to the point of commencement.

(2)

For the purposes of the definition of Slope Point to Sand Hill Point, a straight line joining the mean high-water marks at each side of a harbour entrance or, as the case may be, the natural entrance points of a river mouth must be treated as the inner boundary of that area if it extends seaward or as the outer boundary of that area if it extends landward, except in the case of any harbours and rivers for which specific co-ordinates are provided.

Compare: SR 1991/57 rr 3, 3A(2), 4AAC(2), 5A, 5AA(1), 5C

Schedule 18 clause 1(1) Fiordland blue cod closure area: revoked, on 20 December 2015, by regulation 17(1) of the Fisheries (Amateur Fishing) Amendment Regulations 2015 (LI 2015/269).

Schedule 18 clause 1(1) internal waters of Fiordland paragraph (g): amended, on 20 December 2015, by regulation 17(2) of the Fisheries (Amateur Fishing) Amendment Regulations 2015 (LI 2015/269).

Schedule 18 clause 1(1) internal waters of Fiordland paragraph (o): replaced, on 21 February 2014, by regulation 14(2) of the Fisheries (Amateur Fishing) Amendment Regulations 2014 (LI 2014/16).

Schedule 18 clause 1(1) Milford Sound (Piopiotahi) blue cod closure area: inserted, on 20 December 2015, by regulation 17(3) of the Fisheries (Amateur Fishing) Amendment Regulations 2015 (LI 2015/269).

Schedule 18 clause 1(1) Pendulo Reach, Doubtful Sound (Patea): inserted, on 20 December 2015, by regulation 17(4) of the Fisheries (Amateur Fishing) Amendment Regulations 2015 (LI 2015/269).

Schedule 18 clause 1(1) Pendulo Reach, Doubtful Sounds: revoked, on 20 December 2015, by regulation 17(4) of the Fisheries (Amateur Fishing) Amendment Regulations 2015 (LI 2015/269).

Schedule 19 Infringement offences and fees

r 156

Part 1 General provisions

ProvisionDescription of offenceFee ($)
r 11(2)Taking or possessing more than the daily limit for eels, but not more than 2 times that daily limit250
r 11(2)Taking or possessing more than the daily limit for eels, but not more than 3 times that daily limit500
r 12(2)Taking or possessing more than the daily limit for shellfish, but not more than 2 times that daily limit250
r 12(2)Taking or possessing more than 2 times the daily limit for shellfish, but not more than 3 times that daily limit500
r 13(2)Taking or possessing more than the daily limit for rock lobsters, but not more than 2 times that daily limit250
r 13(2)Taking or possessing more than 2 times the daily limit for rock lobsters, but not more than 3 times that daily limit500
r 16(3)Possessing more than the accumulation limit for paua, but not more than 2 times that accumulation limit250
r 16(3)Possessing more than 2 times the accumulation limit for paua, but not more than 3 times that accumulation limit500
r 17(3)Taking or possessing more than the daily limit for quinnat salmon, but not more than 2 times that daily limit250
r 17(3)Taking or possessing more than 2 times the daily limit for quinnat salmon, but not more than 3 times that daily limit500
r 18(1)Taking or possessing undersize fish250
r 19(1)Taking or possessing undersize shellfish250
r 19(2)Taking or possessing undersize dredge oysters250
r 20(1), (3)Possessing or landing unmeasurable shellfish250
r 22(1)Using a net with undersize mesh250
r 23(2), (3), or (4)Using fishing gear in taking quinnat salmon, etc250
r 24(1)Possessing live brown bullhead catfish500
r 24(2)Taking live brown bullhead catfish without killing it immediately500
r 25(2)Taking, possessing, or disturbing up to 50 toheroa500
r 26(1)Opening oysters or discarding oyster shells250
r 27(1)Taking or possessing oysters in South Island during closed season250
r 28(1)Taking or possessing scallops during closed season250
r 29(1), (2)Taking rock lobsters, or possessing rock lobsters taken, by prohibited method250
r 30(1)Taking or possessing undersize rock lobsters250
r 31(1)Taking or possessing rock lobsters in prohibited state250
r 33(1)Setting or using a set net or fyke net without required markings250
r 34(1), (2), (3)Using a prohibited set net250
r 35(1), (2)Using, setting, or possessing a prohibited drag net250
r 36(1)Using, setting, or possessing a prohibited fyke net250
r 37(1)Using or setting a net that, either by itself or together with any other net, extends more than one-quarter of the distance across the width of a river, stream, or channel (as measured in accordance with regulations)250
r 37(2)Using or setting a net that, either by itself or together with or in conjunction with any other net, wing, or leader, extends more than one-quarter of the distance across the width of any arm of the sea250
r 38Erecting or using a pole or stake in conjunction with net250
r 39Setting or hauling net, etc, except by hand250
r 40Setting a net in a way that causes stalling or allows stalling to occur250
r 42Prohibited line fishing250
r 43(2)(a)(i)Using, setting, or possessing 4 pots in New Zealand fisheries waters250
r 43(2)(a)(ii)Using, setting, or possessing 5 or 6 pots in New Zealand fisheries waters500
r 43(3)(a)(i)Using, setting, or possessing on or from a vessel more than 6 pots but not more than 9 pots in New Zealand fisheries waters250
r 43(3)(a)(ii)Using, setting, or possessing on or from a vessel more than 9 pots but not more than 12 pots in New Zealand fisheries waters500
r 44Using or possessing pots without required markings250
r 45Using rock lobster pots without escape apertures, etc250
r 46Using or possessing prohibited loops to take rock lobsters250
r 47Using or possessing pots to take octopus without latches or similar devices250
r 48Taking or possessing paua contrary to regulations250
r 53(1)Operating as an amateur-fishing charter vessel operator without registration250
r 54(1), (2)Failing to comply with reporting obligations of an amateur-fishing charter vessel operator250

Part 2 Auckland and Kermadec FMA

ProvisionDescription of offenceFee ($)
r 55(3)Taking or possessing more than the combined daily limit for fish specified in Schedule 6 from or in Auckland and Kermadec FMA, but not more than 2 times that daily limit250
r 55(3)Taking or possessing more than 2 times the combined daily limit for fish specified in Schedule 6 from or in Auckland and Kermadec FMA, but not more than 3 times that daily limit500
r 55(3)Taking or possessing more than the daily limit for bluenose in the Auckland FMA, but not more than 2 times that daily limit250
r 55(3)Taking or possessing more than 2 times the daily limit for bluenose in the Auckland FMA, but not more than 3 times that daily limit500
r 56(2)Taking or possessing more than the combined daily limit for hapuku/bass and kingfish from or in Auckland and Kermadec FMA, but not more than 2 times that daily limit250
r 56(2)Taking or possessing more than 2 times the combined daily limit for hapuku/bass and kingfish from or in Auckland and Kermadec FMA, but not more than 3 times that daily limit500
r 57(2)Taking or possessing more than the daily limit for kingfish from or in Auckland and Kermadec FMA, but not more than 2 times that daily limit250
r 57(2)Taking or possessing more than 2 times the daily limit for kingfish from or in Auckland and Kermadec FMA, but not more than 3 times that daily limit500
r 58(2)Taking or possessing more than the daily limit for grey mullet from or in Auckland and Kermadec FMA, but not more than 2 times that daily limit250
r 58(2)Taking or possessing more than 2 times the daily limit for grey mullet from or in Auckland and Kermadec FMA, but not more than 3 times that daily limit500
r 59(4)Taking or possessing more than the daily limit for snapper from or in Auckland and Kermadec FMA, Auckland (West) FMA, or Auckland (East) FMA but not more than 2 times that daily limit250
r 59(4)Taking or possessing more than 2 times the daily limit for snapper from or in Auckland and Kermadec FMA, Auckland (West) FMA, or Auckland (East) FMA but not more than 3 times that daily limit500
r 60(3)Taking or possessing more than the daily limit for a species of shellfish in Auckland Coromandel Area, but not more than 2 times that daily limit250
r 60(3)Taking or possessing more than 2 times the daily limit for a species of shellfish in Auckland Coromandel Area, but not more than 3 times that daily limit500
r 61(2)Taking or possessing more than the daily limit for green-lipped mussels in Maketu taiapure, but not more than 2 times that daily limit250
r 61(2)Taking or possessing more than 2 times the daily limit for green-lipped mussels in Maketu taiapure, but not more than 3 times that daily limit500
r 62(1), (2)Taking or possessing undersize snapper250
r 63(1)Taking or possessing undersize blue cod250
r 64(1)Using or possessing a set net with undersized mesh250
r 65(1)Taking or possessing scallops from Auckland (East) FMA or Auckland (West) FMA during closed season250
r 67(1)Taking or possessing spotted black groper250
r 68(1)Taking or possessing fish from part of Manukau Harbour250
r 69(1)Using prohibited fishing method to take fish from Mimiwhangata Peninsula area250
r 69(3)(a)Using, in person or from a vessel, 2 rock lobster pots in Mimiwhangata Peninsula area250
r 69(3)(b)Using, in person or from a vessel, 3 rock lobster pots in Mimiwhangata Peninsula area500
r 70(1)Taking or possessing shellfish from Cheltenham Beach area250
r 71(1)Taking or possessing shellfish from Karekare Beach area250
r 72(1)Taking or possessing shellfish from Eastern Beach area250
r 73(1)Taking or possessing finfish from waters near Motu River during closed season250
r 74(1)Using or possessing restricted fishing gear for fishing within 1 nautical mile of Mayor Island (Tuhua)250
r 75(1), (2)Using restricted fishing gear for fishing in Bay of Islands250
r 76(1)Using a set net in Auckland and Kermadec set net prohibition area250

Schedule 19 Part 2: amended, on 1 April 2014, by regulation 15(1) of the Fisheries (Amateur Fishing) Amendment Regulations 2014 (LI 2014/16).

Part 3 Central FMA

ProvisionDescription of offenceFee ($)
r 78(4)Taking or possessing more than the combined daily limit for fish specified in Schedule 7 from or in Central FMA, but not more than 2 times that daily limit250
r 78(4)Taking or possessing more than 2 times the combined daily limit for fish specified in Schedule 7 from or in Central FMA, but not more than 3 times that daily limit500
r 78(4)Taking or possessing more than the daily limit for bluenose from or in Central FMA, but not more than 2 times that daily limit250
r 78(4)Taking or possessing more than 2 times the daily limit for bluenose from or in Central FMA, but not more than 3 times that daily limit500
r 78(4)Taking or possessing more than the daily limit for blue cod from or in fishery management area 8—Central (Egmont), but not more than 2 times that daily limit250
r 78(4)Taking or possessing more than 2 times the daily limit for blue cod from or in fishery management area 8—Central (Egmont), but not more than 3 times that daily limit500
r 79(2)Taking or possessing more than the combined daily limit for hapuku/bass and kingfish from or in Central FMA, but not more than 2 times that daily limit250
r 79(2)Taking or possessing more than 2 times the combined daily limit for hapuku/bass and kingfish from or in Central FMA, but not more than 3 times that daily limit500
r 80(2)Taking or possessing more than the daily limit for kingfish from or in Central FMA, but not more than 2 times that daily limit250
r 80(2)Taking or possessing more than 2 times the daily limit for kingfish from or in Central FMA, but not more than 3 times that daily limit500
r 81(2)Taking or possessing more than the daily limit for snapper from or in Central FMA, but not more than 2 times that daily limit250
r 81(2)Taking or possessing more than 2 times the daily limit for snapper from or in Central FMA, but not more than 3 times that daily limit500
r 82(1)Taking or possessing undersize snapper250
r 83(1), (2), (3)Taking or possessing undersize ordinary paua from Amateur Taranaki Paua Fishery area250
r 84(1)Using or possessing a set net with undersized mesh250
r 85(1)Using a net for taking finfish from Wairoa Hard250
r 86(1), (2)Fishing, or possessing fishing gear, in the Sugar Loaf Islands prescribed area contrary to the regulations250
r 88(1)Using a set net in Pauatahanui Inlet250
r 89(1)Using a set net in area of coast east of Cape Runaway250
r 91(1)Fishing in Pukerua Bay except by hand-held line250

Schedule 19 Part 3: amended, on 21 February 2014, by regulation 15(2) of the Fisheries (Amateur Fishing) Amendment Regulations 2014 (LI 2014/16).

Part 4 Challenger FMA

ProvisionDescription of offenceFee ($)
r 92(5)Taking or possessing more than the combined daily limit for fish specified in Schedule 8 from or in Challenger FMA, but not more than 2 times that daily limit250
r 92(5)Taking or possessing more than 2 times the daily limit for fish specified in Schedule 8 from or in Challenger FMA, but not more than 3 times that daily limit500
r 92(5)Taking or possessing more than the daily limit for bluenose from or in Challenger FMA, but not more than 2 times that daily limit250
r 92(5)Taking or possessing more than 2 times the daily limit for bluenose from or in Challenger FMA, but not more than 3 times that daily limit500
r 92(5)Taking or possessing more than the daily limit for blue cod from or in Challenger (East) area, but not more than 2 times that daily limit250
r 92(5)Taking or possessing more than 2 times the daily limit for blue cod from or in the Challenger (East) area, but not more than 3 times that daily limit500
r 93(2)Taking or possessing more than the combined daily limit for hapuku/bass and kingfish from or in Challenger FMA, but not more than 2 times that daily limit250
r 93(2)Taking or possessing more than 2 times the combined daily limit for hapuku/bass and kingfish from or in Challenger FMA, but not more than 3 times that daily limit500
r 94(2)Taking or possessing more than the daily limit for kingfish from or in Challenger FMA, but not more than 2 times that daily limit250
r 94(2)Taking or possessing more than 2 times the daily limit for kingfish from or in Challenger FMA, but not more than 3 times that daily limit500
r 95(2)Taking or possessing more than the daily limit for snapper from or in Challenger FMA, but not more than 2 times that daily limit250
r 95(2)Taking or possessing more than 2 times the daily limit for snapper from or in Challenger FMA, but not more than 3 times that daily limit500
r 96(2)Taking or possessing more than the daily limit for snapper in Marlborough Sounds area, but not more than 2 times that daily limit250
r 96(2)Taking or possessing more than 2 times the daily limit for snapper in Marlborough Sounds area, but not more than 3 times that daily limit500
r 97(2)Taking or possessing more than the daily limit for scallops, but not more than 2 times that daily limit250
r 97(2)Taking or possessing more than 2 times the daily limit for scallops, but not more than 3 times that daily limit500
r 99(1)Taking or possessing undersize blue cod in Challenger (East) area250
r 100(1)Taking or possessing undersize sand flounder250
r 101(1)Taking or possessing undersize scallops250
r 102(1)Using or possessing a set net with undersized net mesh250
r 105(1)Taking or possessing blue cod from or in Marlborough Sounds area during closed season250
r 106(1)Taking finfish from Maud Island closed area250
r 107(1)Possessing blue cod in Challenger (East) area except in a whole or gutted state250
r 108(1)Taking finfish from Marlborough Sounds area using restricted fishing gear250
r 109(1)Taking finfish from Double Cove250
r 110(1)Using or possessing a line in Pelorus Sound contrary to the regulations250
r 111(1)Using or possessing a set net in part Pelorus Sound or Croisilles Harbour contrary to the regulations250
r 112(1)Using or possessing a set net in Kenepuru Sound during the closed season250
r 115(1)Using a set net in waters of inner Queen Charlotte Sound contrary to the regulations500
r 116(1)Using a set net in waters from Needles Point to Cape Jackson contrary to the regulations500

Schedule 19 Part 4: amended, on 20 December 2015, by regulation 18(1)-(4) of the Fisheries (Amateur Fishing) Amendment Regulations 2015 (LI 2015/269).

Part 5 South-East FMA

ProvisionDescription of offenceFee ($)
r 117(4)Taking or possessing more than the combined daily limit for fish or daily limit for a species of fish specified in Schedule 9 from or in South-East FMA, but not more than 2 times that daily limit250
r 117(4)Taking or possessing more than 2 times the combined daily limit for fish or daily limit for a species of fish specified in Schedule 9 from or in South-East FMA, but not more than 3 times that daily limit500
r 117(4)Taking or possessing more than the daily limit for blue cod from or in the Kaikoura–North Canterbury area, but not more than 2 times that daily limit250
r 117(4)Taking or possessing more than 2 times the daily limit for blue cod from or in the Kaikoura–North Canterbury area, but not more than 3 times that daily limit500
r 118(2)Taking or possessing more than the combined daily limit for hapuku/bass and kingfish from or in South-East FMA, but not more than 2 times that daily limit250
r 118(2)Taking or possessing more than 2 times the combined daily limit for hapuku/bass and kingfish from or in South-East FMA, but not more than 3 times that daily limit500
r 119(2)Taking or possessing more than the daily limit for kingfish from or in South-East FMA, but not more than 2 times that daily limit250
r 119(2)Taking or possessing more than 2 times the daily limit for kingfish from or in South-East FMA, but not more than 3 times that daily limit500
r 120(2)Taking or possessing more than the daily limit for shellfish in East Otago taiapure, but not more than 2 times that daily limit250
r 120(2)Taking or possessing more than 2 times the daily limit for shellfish in East Otago taiapure, but not more than 3 times that daily limit500
r 121(3)Taking or possessing more than the daily limit for kina or paua in East Otago taiapure, but not more than 2 times that daily limit250
r 121(3)Taking or possessing more than 2 times the daily limit for kina or paua in East Otago taiapure, but not more than 3 times that daily limit500
r 122(2)Taking or possessing more than the daily limit for finfish in southern part of East Otago taiapure, but not more than 2 times that daily limit250
r 122(2)Taking or possessing more than 2 times the daily limit for finfish in southern part of East Otago taiapure, but not more than 3 times that daily limit500
r 123(3)Taking or possessing more than daily limit for species of fish or shellfish in Akaroa Harbour taiapure, but not more than 2 times that daily limit250
r 123(3)Taking or possessing more than 2 times daily limit for species of fish or shellfish in Akaroa Harbour taiapure, but not more than 3 times that daily limit500
r 123(3)Taking or possessing more than the daily limit for finfish in Akaroa Harbour taiapure, but not more than 2 times that daily limit250
r 123(3)Taking or possessing more than the daily limit for finfish in Akaroa Harbour taiapure, but not more than 3 times that daily limit500
r 123A(4)Taking or possessing more than the daily limit for species of fish or shellfish in Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area, but not more than 2 times that daily limit250
r 123A(4)Taking or possessing more than 2 times the daily limit for species of fish or shellfish in Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area, but not more than 3 times that daily limit500
r 123A(4)Taking or possessing more than the combined daily limit for albacore, bluenose, hapuku/bass, kingfish, and ling in Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area, but not more than 2 times that combined daily limit250
r 123A(4)Taking or possessing more than 2 times the combined daily limit for albacore, bluenose, hapuku/bass, kingfish, and ling in Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area, but not more than 3 times that combined daily limit500
r 123A(4)Taking or possessing more than the combined daily limit for game sharks in Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area, but not more than 2 times that combined daily limit250
r 123A(4)Taking or possessing more than 2 times the combined daily limit for game sharks in Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area, but not more than 3 times that combined daily limit500
r 123B(3)Taking or possessing more than the daily limit for bladder kelp or karengo in Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area, but not more than 2 times that daily limit250
r 123B(3)Taking or possessing more than 2 times the daily limit for bladder kelp or karengo in Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area, but not more than 3 times that daily limit500
r 123B(5)Taking bladder kelp or karengo from Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area except by hand250
r 124(1)Taking or possessing undersize blue cod from or in South-East FMA250
r 125(1)Taking or possessing undersize quinnat salmon from Otago Harbour250
r 125A(1)Taking or possessing undersize blue cod from or in Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area250
r 125A(2)Taking or possessing undersize sea perch from or in Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area250
r 126(1)Using or possessing a set net with undersized net mesh250
r 129Taking or possessing rock lobsters from Chatham Islands rock lobster fishery during closed season250
r 130(1)Taking or possessing shellfish from Onawe Peninsula marine area250
r 132(1)Taking or possessing sea horse from Akaroa Harbour taiapure250
r 132A(1)Taking or possessing red moki from or in Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area250
r 132B(1)Failing to cut off one-third of telson from spiny rock lobster taken from Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area250
r 132B(2)Possessing spiny rock lobster without one-third of telson cut off taken from Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area250
r 133(1)Using net with an undersized mesh to take finfish from Lake Ellesmere (Te Waihora)250
r 134(1)Leaving set net unattended in East Otago taiapure250
r 135(1)Using net at or near Lake Ellesmere (Te Waihora)250
r 136(1)Using a drag net in Akaroa Harbour or Lyttelton Harbour (Whakaraupo)250
r 137(2)Using a set net (other than a flatfish set net) during the period beginning on 1 April in each year and ending with the close of 30 September in that year500
r 138(1)(a), (c), (d)Using set net for fishing in specified waters250
r 139Using net in specified waters of North Canterbury250
r 140(1)Using drag net in Catlins Lake250

Schedule 19 Part 5: amended, on 8 August 2014, by section 29(2) of the Kaikōura (Te Tai o Marokura) Marine Management Act 2014 (2014 No 59).

Part 6 Southland and Sub-Antarctic FMA

ProvisionDescription of offenceFee ($)
r 141(5)Taking or possessing more than the combined daily limit for fish or daily limit for a species of fish specified in Schedule 11 from or in Southland and Sub-Antarctic FMA, but not more than 2 times that daily limit250
r 141(5)Taking or possessing more than 2 times the combined daily limit for fish or daily limit for a species of fish specified in Schedule 11 from or in Southland and Sub-Antarctic FMA, but not more than 3 times that daily limit500
r 141(5)Taking or possessing more than the daily limit for blue cod from or in Paterson Inlet (Whaka a Te Wera), but not more than 2 times that daily limit250
r 141(5)Taking or possessing more than 2 times the daily limit for blue cod from or in Paterson Inlet (Whaka a Te Wera), but not more than 3 times that daily limit500
r 142(2)Taking or possessing more than the combined daily limit for hapuku/bass and kingfish from or in Southland and Sub-Antarctic FMA, but not more than 2 times that daily limit250
r 142(2)Taking or possessing more than 2 times the combined daily limit for hapuku/bass and kingfish from or in Southland and Sub-Antarctic FMA, but not more than 3 times that daily limit500
r 143(2)Taking or possessing more than the daily limit for kingfish from or in Southland and Sub-Antarctic FMA, but not more than 2 times that daily limit250
r 143(2)Taking or possessing more than 2 times the daily limit for kingfish from or in Southland and Sub-Antarctic FMA, but not more than 3 times that daily limit500
r 144(3)Taking or possessing more than the daily limit for mussels in Southland FMA, but not more than 2 times that daily limit250
r 144(3)Taking or possessing more than 2 times the daily limit for mussels in Southland FMA, but not more than 3 times that daily limit500
r 145(2)Taking or possessing not more than 10 scallops from or in Southland FMA during closed season250
r 145(5)Taking or possessing more than the daily limit for scallops in Southland and Sub-Antarctic FMA, but not more than 2 times that daily limit250
r 145(5)Taking or possessing more than 2 times the daily limit for scallops in Southland and Sub-Antarctic FMA, but not more than 3 times that daily limit500
r 146(3)Taking or possessing more than daily limit for species of fish or shellfish specified in Schedule 12 from Fiordland (Te Moana o Atawhenua) marine area, but not more than 2 times that daily limit250
r 146(3)Taking or possessing more than 2 times the daily limit for species of fish or shellfish specified in Schedule 12 from Fiordland (Te Moana o Atawhenua) marine area, but not more than 3 times that daily limit500
r 147(3)Taking or possessing more than the daily limit for species of fish or shellfish specified in Schedule 13 from internal waters of Fiordland, but not more than 2 times that daily limit250
r 147(3)Taking or possessing more than 2 times the daily limit for species of fish or shellfish specified in Schedule 13 from internal waters of Fiordland, but not more than 3 times that daily limit500
r 147A(2)Taking or possessing more than 1 but not more than 2 blue cod from the internal waters of Doubtful Sound (Patea), Thompson Sound, and Bradshaw Sound250
r 147A(2)Taking or possessing more than 2 but not more than 3 blue cod from the internal waters of Doubtful Sound (Patea), Thompson Sound, and Bradshaw Sound500
r 148(1)Using or possessing a set net with undersized net mesh250
r 149(1)Taking or possessing blue cod from Milford Sound (Piopiotahi) blue cod closure area250
r 151(2)(d)Using or setting rock lobster pot or rock lobster holding pot in Pendulo Reach, Doubtful Sound (Patea)250
r 151(3)Using or possessing lines, pots, or nets in Fiordland (Te Moana o Atawhenua) marine area250
r 151(4)Using, setting, or possessing rock lobster holding pot without required markings on board vessel or vehicle in Fiordland (Te Moana o Atawhenua) marine area250
r 152Dredging in Foveaux Strait and Paterson Inlet (Whaka a Te Wera) contrary to the regulations250
r 154Dredging in Paterson Inlet (Whaka a Te Wera) contrary to the regulations250
r 155(1)Using or possessing set net, longline, or blue cod pot in Paterson Inlet (Whaka a Te Wera)250
r 155(3)(a)Using 3 rock lobster pots in Paterson Inlet (Whaka a Te Wera)250
r 155(3)(b)Using 4 rock lobster pots in Paterson Inlet (Whaka a Te Wera)500
Compare: SR 2001/316 Schedule 1

Schedule 19 Part 6: amended, on 20 December 2015, by regulation 18(5)-(7) of the Fisheries (Amateur Fishing) Amendment Regulations 2015 (LI 2015/269).

Schedule 20 Form of infringement notice and reminder notice

r 156(4), (5)

Form 1 Infringement notice

Section 260A(1)(b), Fisheries Act 1996

(Front)

Notice No:

Ministry for Primary Industries

Infringement notice served on—

Full name or company name:

Full address (residential or business):

Occupation:

Date of birth:

Alleged infringement offence details

Date:

Time:

Day of week:

Location:

Location code (if known):

Offence:

Offence code (if known):

Infringement fee payable: $

Details (if applicable)

Species:

Maximum allowable daily limit:

Minimum legal size:

Minimum net mesh size:

Issuing details

Issuing officer’s warrant number:

Method infringement notice served by:

Procedures for payment of infringement fee

The infringement fee is payable within 28 days after [date].

Important: Please read the information about infringement offences printed on the back of this notice.

Infringement fees may be paid to the Ministry for Primary Industries by any of the following methods: [specify payment options]

Cheques should be payable to “Ministry for Primary Industries” and should be crossed and marked “not transferable”.

[Print the deposit slip here.]

(Back) Information about infringement offences

Note: If, after you have read this information, there is something in it that you do not understand, you should consult a lawyer immediately.

1 Payment of infringement fee

If you pay the infringement fee within 28 days after the service of this notice, no further action in respect of the infringement offence will be taken. Payment should be made to the Ministry for Primary Industries in accordance with the instructions on the front page of this notice. If any fish or any proceeds of sale of fish have been seized from you, they will be forfeit to the Crown when you pay the infringement fee.

2 Further action

If you wish to raise any matter relating to the circumstances of the alleged offence, you should do so by writing to the Ministry for Primary Industries at the address shown in the notes at the end of this information within 28 days after you have been served with this notice.

3 Defences
(1)

You have a defence against any proceedings for the offence alleged in this notice if you can prove that the infringement fee has been paid to the Ministry for Primary Industries by one of the payment methods specified on the front of this notice within 28 days after you are served with a reminder notice in respect of the offence.

Note: Late payment, or payment at any other address or to any other bank, or payment by any other method, will not be a defence.

(2)

You have a further defence (in addition to that indicated in subparagraph (1)) against proceedings relating to the alleged offence if you prove—

(a)

that—

(i)

the contravention was due to the act or default of another person, or to an accident, or to some other cause beyond your control; and

(ii)

you took reasonable precautions and exercised due diligence to avoid the contravention; and

(b)

in the case of an offence concerning the taking of any fish, aquatic life, or seaweed in contravention of any provision of the Fisheries Act 1996, that you immediately returned the fish, aquatic life, or seaweed to the water from which it was taken, except where its return was prohibited by the Fisheries Act 1996, and you complied with all the material requirements of that Act in respect of the recording and reporting of the taking, return, or landing of the fish, aquatic life, or seaweed.

Note: Paragraph 3(2) summarises section 241 of the Fisheries Act 1996. If you intend to use the defence summarised in paragraph 3(2), you should not rely on the summary but should get a copy of section 241.

4 Right to request hearing
(1)

You have the right to request a hearing. A request for a hearing must be made in writing, be signed by you, and be delivered to the Ministry for Primary Industries at the address shown in the notes at the end of this information within 28 days after you have been served with this notice. If you request a hearing, you may deny liability for the offence, or admit liability and make submissions as to penalty or any other matter.

(2)

If you deny liability for the offence, the Ministry for Primary Industries will serve you with a notice of hearing setting out the place and time at which the matter will be heard by the court (unless the Ministry for Primary Industries decides not to commence court proceedings against you).

Note: If the court finds you guilty of the offence, costs will be imposed in addition to any fine.

(3)

If you admit liability for the offence but want the court to consider your submissions, you should, in your request for a hearing,—

(a)

admit the offence; and

(b)

set out the written submissions you wish to be considered by the court. The Ministry for Primary Industries will then file your letter with the court (unless the Ministry for Primary Industries decides not to commence court proceedings).

Note: Any costs will be imposed in addition to any fine.

(4)

If you are found guilty or admit the commission of the infringement offence, then, unless the court for special reasons relating to the offence orders otherwise, any fish or any proceeds of sale of fish seized are forfeit to the Crown.

5 Consequences of taking no action
(1)

If you do not pay the infringement fee and do not request a hearing within 28 days after the service of this notice, you will be served with a reminder notice (unless the Ministry for Primary Industries decides otherwise).

(2)

If you do not pay the infringement fee and do not request a hearing in respect of the alleged infringement offence within 28 days after the service of the reminder notice, you will become liable to pay costs in addition to the infringement fee (unless the Ministry for Primary Industries decides not to commence court proceedings against you).

6 Questions and other correspondence

In any correspondence, please include—

(a)

the date of the infringement notice; and

(b)

the infringement notice number; and

(c)

the course of action you are taking in respect of the alleged offence; and

(d)

your full address for replies.

Notes

1

All queries and all correspondence regarding this notice must be directed to the Ministry for Primary Industries at [specify full address].

2

Further details of your rights and obligations are set out in section 21 of the Summary Proceedings Act 1957.

Form 2 Reminder notice for fisheries infringement offence

Section 21(2), Summary Proceedings Act 1957

(Front)

Notice No:

Ministry for Primary Industries

Reminder notice served on—

Full name:

Date of birth:

Gender:

Full address:

Occupation:

Telephone No:

Driver licence No:

Registration No:

The Ministry for Primary Industries alleges that you committed an infringement offence—

On: [date]

At: [time]

At: [location]

In that you:

This is an infringement offence against [regulation number] of the [regulation name].

The penalty for the offence is $[infringement fee].

Infringement notice issued by [specify issuing officer’s warrant number].

Service details

(To be provided for filing in court)

An infringement notice was served by [method of service] on [date of service].

This reminder notice was served by [method of service] at [full address of service] on [date of service].

The last day for payment is [date], being 28 days from the date of service recorded on this notice.

Procedures for payment

Payment is to be made to the Ministry for Primary Industries by any of the following methods: [specify payment options]

Please quote the “Notice No:” shown above. Cheques should be payable to “Ministry for Primary Industries” and should be crossed and marked “not transferable”.

If you wish to deny the offence or wish to have the court consider submissions in respect of the offence, follow the directions contained in paragraphs 2 to 4 printed overleaf.

Important: It is in your own interests that you read the notes on the back of this form.

[Print the deposit slip here.]

(Back) Information about infringement offences

Notes

If, after you have read this information, there is something in it that you do not understand, you should consult a lawyer immediately.

Infringement offence notices may be issued in respect of fisheries-related offences against the Fisheries Act 1996 or regulations made under that Act.

The type of infringement offence that you are alleged to have committed appears on the front of this form.

1 Payment of infringement fee

If you pay the infringement fee within 28 days after the service of this notice, no further enforcement action will be taken against you. Payments should be made as per the procedures for payment shown on the front page of this notice. If any fish or any proceeds of sale of fish have been seized from you, they will be forfeit to the Crown when you pay the infringement fee.

2 Further action
(1)

If you wish to raise any matter relating to the circumstances of the alleged offence, you should do so by writing to the Ministry for Primary Industries at the address shown in the Note at the end of this notice within 28 days after you have been served with this notice.

(2)

If you wish to deny liability in respect of the alleged offence, you must, within 28 days after the service of this notice, write to the Ministry for Primary Industries at the address shown in the Note at the end of this notice requesting a hearing in respect of the offence. The Ministry for Primary Industries will then, if it decides to commence court proceedings in respect of the offence, serve you with a notice of hearing setting out the place and time at which the court will hear the matter.

Note: If the court finds you guilty of the offence, costs will be imposed in addition to any penalty.

(3)

If you admit liability for the alleged offence but wish to have the court consider submissions as to penalty or other matters, you must, within 28 days after the service of this notice, write to the Ministry for Primary Industries at the address shown in the Note at the end of this notice requesting a hearing in respect of the offence and in that same letter admit liability in respect of the offence and set out the submissions that you wish to be considered by the court. The Ministry for Primary Industries will then, if it decides to commence court proceedings in respect of the offence, file your letter with the court.

Notes

1

Costs will be imposed in addition to any penalty.

2

When writing, please include the date of the infringement, the reminder notice number, and your full address for replies.

(4)

If you are found guilty or admit the commission of the infringement offence, then, unless the court for special reasons relating to the offence orders otherwise, any fish or any proceeds of sale of fish seized are forfeit to the Crown.

3 Non-payment of fee

If you do not pay the infringement fee, and do not request a hearing within 28 days after the service of this notice, you will become liable to pay costs in addition to a fine (unless the Ministry for Primary Industries decides not to commence court proceedings against you). The fine will be equal to the amount of the infringement fee or the amount of the infringement fee remaining unpaid. If any fish or any proceeds of sale of fish have been seized from you, they are forfeit to the Crown when a copy of a reminder notice is filed, or is deemed to be filed, in court within 6 months from the time when the offence is alleged to have been committed.

4 Defences
(1)

You have a defence against any proceedings for the offence alleged in this notice if the infringement fee is paid to the Ministry for Primary Industries by one of the payment methods specified on the front of this notice before, or within 28 days after, you are served with this notice. Late payment, or payment by any other method, will not be a defence.

(2)

You have a further defence (in addition to that indicated in subparagraph (1)) against any proceedings for the alleged offence if you prove—

(a)

that—

(i)

the contravention was due to the act or default of another person, or to an accident, or to some other cause beyond your control; and

(ii)

you took reasonable precautions and exercised due diligence to avoid the contravention; and

(b)

in the case of an offence concerning the taking of any fish, aquatic life, or seaweed in contravention of any provision of the Fisheries Act 1996, that you immediately returned the fish, aquatic life, or seaweed to the water from which it was taken, except where its return was prohibited by the Fisheries Act 1996, and you complied with all the material requirements of that Act in respect of the recording and reporting of the taking, return, or landing of the fish, aquatic life, or seaweed.

Notes

1

Paragraph 4(2) summarises section 241 of the Fisheries Act 1996. If you intend to use the defence summarised in paragraph 4(2), you should not rely on the summary but should get a copy of section 241.

2

All queries and correspondence regarding this infringement must be directed to the Ministry for Primary Industries, at [full address].

Payments relating to this infringement should be made in accordance with the procedure for payment shown on the front page of this notice.

Rebecca Kitteridge,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 12 December 2013.

Reprints notes
1 General

This is a reprint of the Fisheries (Amateur Fishing) 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

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Fisheries (Amateur Fishing) Amendment Regulations 2015 (LI 2015/269)

Kaikōura (Te Tai o Marokura) Marine Management Act 2014 (2014 No 59): section 29

Fisheries (Amateur Fishing) Amendment Regulations 2014 (LI 2014/16)