2015/138

# Fisheries (Southland and Sub-Antarctic Areas Commercial Fishing) Amendment Regulations 2015

Jerry Mateparae, Governor-General

## Order in Council

At Wellington this 2nd day of June 2015

Present:

His Excellency the Governor-General in Council

Pursuant to section 297 of the Fisheries Act 1996, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

## Contents

## Regulations

##### 1 Title

These regulations are the Fisheries (Southland and Sub-Antarctic Areas Commercial Fishing) Amendment Regulations 2015.

##### 2 Commencement

These regulations come into force on 9 July 2015.

##### 3 Principal regulations

These regulations amend the Fisheries (Southland and Sub-Antarctic Areas Commercial Fishing) Regulations 1986 (the principal regulations).

##### 4 Regulation 3A amended (Certain fishing methods prohibited in defined areas)

In regulation 3A(1)(b)(xi), replace “46°09.38′S”

with “at 46°09.38′S”

.

##### 5 New regulation 5AA inserted (Prohibition on taking or possessing rock lobsters from Upokopotete (Potted Head))

After the cross-heading below regulation 4B, insert:

##### 5AA Prohibition on taking or possessing rock lobsters from Upokopotete (Potted Head)

(1)

A commercial fisher must not—

##### (a)

take rock lobsters from Upokopotete (Potted Head); or

##### (b)

possess rock lobsters taken from Upokopotete (Potted Head).

(2)

In this regulation, Upokopotete (Potted Head) means all those waters enclosed by a line—

##### (a)

commencing at a point on the mean high-water mark at the northernmost point of Potted Head on Taukihepa (Big South Cape) Island (at 47°13.60′S and 167°24.72′E); then

##### (b)

proceeding due north to a point offshore (at 47°13.57′S and 167°24.72′E); then

##### (c)

proceeding due east to a point on the mean high-water mark on the north-west coast of Taukihepa (Big South Cape) Island (at 47°13.57′S and 167°24.96′E); then

##### (d)

proceeding in a generally south-westerly then north-westerly direction along the mean high-water mark to the point of commencement.

##### 6 Regulation 6 amended (Closed areas)

Replace the heading to regulation 6 with “

.**Prohibition on taking oysters from certain areas**”

##### 7 New regulations 14B and 14C and cross-headings inserted

After regulation 14A, insert:

#### Kina

##### 14B Prohibition on taking or possessing kina from certain areas

A commercial fisher must not—

##### (a)

take kina from an area listed in Part 2 of Schedule 2; or

##### (b)

possess kina taken from an area listed in Part 2 of Schedule 2.

#### Paua

##### 14C Prohibition on taking or possessing paua from certain areas

A commercial fisher must not—

##### (a)

take paua from an area listed in Part 3 of Schedule 2; or

##### (b)

possess paua taken from an area listed in Part 3 of Schedule 2.

##### 8 Regulation 16 amended (Offences)

(1)

In regulation 16(1), replace “15A(2), or 15I”

with “or 15A(2)”

.

(2)

In regulation 16(2), replace “13A to 15,”

with “14, 14B, 14C, 15,”

.

## Schedule New Schedule 2 inserted

## Schedule 2 Closed areas for kina and paua

rr 14B, 14C

## Part 1 Interpretation

In this schedule,—

Betsy Island means all New Zealand fisheries waters enclosed by a line—

##### (a)

commencing at the mean high-water mark at the easternmost point of Betsy Island (at 47°07.78′S and 167°32.43′E); then

##### (b)

proceeding due east to a point 50 metres offshore (at 47°07.78′S and 167°32.48′E); then

##### (c)

proceeding in a generally south-westerly direction following a line 50 metres offshore from the mean high-water mark of Betsy Island to a point offshore (at 47°07.86′S and 167°32.15′E); then

##### (d)

proceeding in straight line in a north-easterly direction to a point on the mean high-water mark of the southwest coast of Betsy Island (at 47°07.83′S and 167°32.17′E); then

##### (e)

proceeding in a generally north-easterly direction along the mean high-water mark to the point of commencement

Bunker Islets means all New Zealand fisheries waters enclosed by a line—

##### (a)

commencing at a point on the mean high-water mark on the east coast of the central island in the Bunker Islets (at 46°51.94′S and 168°15.93′E); then

##### (b)

proceeding in a straight line in an easterly direction to a point on the mean high-water mark at the northernmost point of the eastern island in the Bunker Islets (at 46°51.93′S and 168°16.07′E); then

##### (c)

proceeding in a generally southerly direction along the mean high-water mark to a point on the west coast of the easternmost island in the Bunker Islets (at 46°52.09′S and 168°16.02′E); then

##### (d)

proceeding in a straight line in a north-westerly direction to a point on the mean high-water mark at the southernmost point of the central island in the Bunker Islets (at 46°52.02′S and 168°15.93′E); then

##### (e)

proceeding in a generally northerly direction along the mean high-water mark of the central island to the point of commencement

Eastern Putauhinu Island means all New Zealand fisheries waters enclosed by a line—

##### (a)

commencing at a point on the mean high-water mark on the northeast coast of Putauhinu Island (at 47°12.82′S and 167°23.79′E); then

##### (b)

proceeding in a straight line in a south-easterly direction across the mouth of an unnamed bay to a point on the mean high-water mark on the north-east coast of Putauhinu Island (at 47°12.88′S and 167°23.90′E); then

##### (c)

proceeding in a generally southerly and then north-westerly direction along the mean high-water mark to the point of commencement

Herekopare (Te Marama) Island means all New Zealand fisheries waters enclosed by a line—

##### (a)

commencing at a point on the mean high-water mark on the west coast of Herekopare (Te Marama) Island (at 46°52.00′S and 168°13.43′E); then

##### (b)

proceeding due west to a point offshore (at 46°52.00′S and 168°13.37′E); then

##### (c)

proceeding in a straight line in a north-easterly direction to a point offshore (at 46°51.90′S and 168°13.49′E); then

##### (d)

proceeding in a straight line in a north-easterly direction to a point on the mean high-water mark on the west coast of Herekopare (Te Marama) Island (at 46°51.89′S and 168°13.52′E); then

##### (e)

proceeding in a generally southerly direction along the mean high-water mark to the point of commencement

Hinekuha means all New Zealand fisheries waters enclosed by a line—

##### (a)

commencing at a point on the mean high-water mark on the east coast of Taukihepa (Big South Cape) Island (at 47°15.36′S and 167°24.08′E); then

##### (b)

proceeding due east to a point offshore (at 47°15.36′S and 167°24.11′E); then

##### (c)

proceeding in a straight line in a southerly direction to a point offshore (at 47°15.50′S and 167°24.07′E); then

##### (d)

proceeding due west to a point on the mean high-water mark on the east coast of Taukihepa (Big South Cape) Island (at 47°15.50′S and 167°24.04′E); then

##### (e)

proceeding in a generally northerly direction along the mean high-water mark to the point of commencement

Horomanu Patu means all New Zealand fisheries waters enclosed by a line—

##### (a)

commencing at a point on the mean high-water mark on the east coast of Taukihepa (Big South Cape) Island (at 47°14.60′S and 167°25.64′E); then

##### (b)

proceeding in a straight line in a south-westerly direction across the mouth of Murderers Cove to a point on the mean high-water mark of the unnamed island directly to the south of Boat Harbour (at 47°14.99′S and 167°25.18′E); then

##### (c)

proceeding in a generally westerly and then south-easterly direction along the mean high-water mark to a point on the south coast of the unnamed island (at 47°15.02′S and 167°25.12′E); then

##### (d)

proceeding in a straight line in a south-westerly direction to a point on the mean high-water mark on the east coast of Taukihepa (Big South Cape) Island (at 47°15.09′S and 167°24.37′E); then

##### (e)

proceeding in a generally north-easterly direction along the mean high-water mark to the point of commencement

Kaimohu Island means all New Zealand fisheries waters enclosed by a line—

##### (a)

commencing at a point on the mean high-water mark on the south-east coast of Kaimohu Island (at 47°12.18′S and 167°27.34′E); then

##### (b)

proceeding in a straight line in a south-easterly direction to a point offshore (at 47°12.19′S and 167°27.35′’E); then

##### (c)

proceeding in a straight line in a south-westerly direction to a point offshore (at 47°12.26′S and 167°27.25′E); then

##### (d)

proceeding in a straight line in a north-westerly direction to a point on the mean high-water mark of the south-east coast of Kaimohu Island (at 47°12.25′S and 167°27.24′E); then

##### (e)

proceeding in a generally north-easterly direction along the mean high-water mark to the point of commencement

Kundy Island means all New Zealand fisheries waters enclosed by a line—

##### (a)

commencing at a point on the mean high-water mark on the south-east coast of Kundy Island (at 47°07.26′S and 167°33.28′E); then

##### (b)

proceeding in straight line in a south-westerly direction across the mouth of an unnamed bay to a point on the mean high-water mark on the south-east coast of Kundy Island (at 47°07.34′S and 167°33.22′E); then

##### (c)

proceeding in a generally north-westerly and then north-easterly direction along the mean high-water mark to the point of commencement

Mokoiti (Little Moggy) Island means all New Zealand fisheries waters enclosed by a line—

##### (a)

commencing at a point on the mean high-water mark on the south-west coast of Mokoiti (Little Moggy) Island (at 47°08.52′S and 167°24.93′E); then

##### (b)

proceeding in a straight line in a south-westerly direction to a point offshore (at 47°08.54′S and 167°24.90′E); then

##### (c)

proceeding in a straight line in a north-westerly direction to a point offshore (at 47°08.44′S and 167°24.82′E); then

##### (d)

proceeding in a straight line in a north-easterly direction to a point on the mean high-water mark on the south-west coast of Mokoiti (Little Moggy) Island (at 47°08.43′S and 167°24.85′E); then

##### (e)

proceeding in a generally south-easterly direction along the mean high-water mark to the point of commencement

North-eastern Putauhinu Island means all New Zealand fisheries waters enclosed by a line—

##### (a)

commencing at a point on the mean high-water mark on the north-east coast of Putauhinu Island (at 47°12.65′S and 167°23.62′E); then

##### (b)

proceeding in a straight line in a north-easterly direction to a point offshore (at 47°12.64′S and 167°23.63′E); then

##### (c)

proceeding in a straight line in a south-easterly direction to a point offshore (at 47°12.72′S and 167°23.71′E); then

##### (d)

proceeding in a straight line in a south-westerly direction to a point on the mean high-water mark of the north-east coast of the Putauhinu Island (at 47°12.73′S and 167°23.69′E); then

##### (e)

proceeding in a generally north-westerly direction along the mean high-water mark to the point of commencement

North-western Putauhinu Island means all New Zealand fisheries waters enclosed by a line—

##### (a)

commencing at a point on the mean high-water mark on the north coast of Putauhinu Island (at 47°12.72’S and 167°23.01’E); then

##### (b)

proceeding in a straight line in a northerly direction to a point offshore (at 47°12.54’S and 167°23.10’E); then

##### (c)

proceeding in a straight line in a south-easterly direction to a point on the mean high-water mark of the north coast of Putauhinu Island (at 47°12.57’S and 167°23.14’E); then

##### (d)

proceeding in a generally south-westerly direction along the mean high-water mark to the point of commencement

Patupahe Bay means all New Zealand fisheries waters enclosed by a line—

##### (a)

commencing at a point on the mean high-water mark on the north-east coast of Taukihepa (Big South Cape) Island (at 47°14.07′S and 167°26.15′E); then

##### (b)

proceeding in a straight line in a south-westerly direction across the mouth of Patupahe Bay to a point on the mean high-water mark on the north-east coast of Taukihepa (Big South Cape) Island (at 47°14.15′S and 167°25.85′E); then

##### (c)

Paua Bay means all New Zealand fisheries waters enclosed by a line—

##### (a)

commencing at a point on the mean high-water mark on the north-east coast of Mokonui (Big Moggy) Island (at 47°08.63′S and 167°24.58′E); then

##### (b)

proceeding in a straight line in a north-easterly direction to a point offshore (at 47°08.62′S and 167°24.61′E); then

##### (c)

proceeding in a straight line in a southerly direction to a point on the mean high-water mark of a small unnamed island to the east of Mokonui (Big Moggy) Island (at 47°08.73′S and 167°24.59′E); then

##### (d)

proceeding in a straight line in a south-westerly direction to a point on the mean high-water mark of the north-east coast of Mokonui (Big Moggy) Island (at 47°08.74′S and 167°24.56′E); then

##### (e)

proceeding in a generally south-westerly and then north-easterly direction along the mean high-water mark to the point of commencement

Pikomamakau-iti (North Island) means all New Zealand fisheries waters enclosed by a line—

##### (a)

commencing at a point on the mean high-water mark on the south-east coast of North Island (at 46°49.07′S and 168°14.45′E); then

##### (b)

proceeding due east to a point offshore (at 46°49.07′S and 168°14.47′E); then

##### (c)

proceeding in a straight line in a south-easterly direction to a point offshore (at 46°49.14′S and 168°14.53′E); then

##### (d)

proceeding in a straight line in a south-westerly direction to a point offshore (at 46°49.16′S and 168°14.48′E); then

##### (e)

proceeding in a straight line in a north-westerly direction to a point offshore (at 46°49.10′S and 168°14.41′E); then

##### (f)

proceeding in a straight line in a northerly direction to a point on the mean high-water mark on the south-west coast of North Island (at 46°49.09′S and 168°14.41′E); then

##### (g)

proceeding in a south-easterly and then north-westerly direction along the mean high-water mark to the point of commencement

Poho a Tairea (Big Island) means all New Zealand fisheries waters enclosed by a line—

##### (a)

commencing at a point on the mean high-water mark on the east coast of Big Island (at 47°08.20′S and 167°31.89′E); then

##### (b)

proceeding in a straight line in a south-easterly direction to a point offshore (at 47°08.22′S and 167°31.90′E); then

##### (c)

proceeding in a straight line in a south-westerly direction to a point offshore (at 47°08.31′S and 167°31.65′E); then

##### (d)

proceeding in a north-westerly direction to a point on the mean high-water mark of the south-east coast of Big Island (at 47°08.30′S and 167°31.64′E); then

##### (e)

Poho a Tairea 2 (Big Island) means all New Zealand fisheries waters enclosed by a line—

##### (a)

commencing at a point on the mean high-water mark at the northernmost point of Big Island (at 47°08.10′S and 167°31.48′E); then

##### (b)

proceeding in a straight line in a north-easterly direction to a point offshore (at 47°08.08′S and 167°31.76′E); then

##### (c)

proceeding in a straight line in a south-easterly direction to a point on the mean high-water mark of the north-east coast of Big Island (at 47°08.12′S and 167°31.80′E); then

##### (d)

proceeding in a generally westerly direction along the mean high-water mark to the point of commencement

Poutama Island means all New Zealand fisheries waters enclosed by a line—

##### (a)

commencing at a point on the mean high-water mark on the north-east coast of Poutama Island (at 47°15.88′S and 167°23.90′E); then

##### (b)

proceeding in a straight line in a north-easterly direction to a point offshore (at 47°15.86′S and 167°23.96′E); then

##### (c)

proceeding in a straight line in a south-easterly direction to a point offshore (at 47°15.99′S and 167°24.03′E); then

##### (d)

proceeding in a straight line in a south-westerly direction to a point on the mean high-water mark on the east coast of Poutama Island (at 47°16.01′S and 167°23.95′E); then

##### (e)

proceeding in a generally northerly direction along the mean high-water mark to the point of commencement

Pukeotakohe means all New Zealand fisheries waters enclosed by a line—

##### (a)

commencing at a point on the mean high-water mark on the north-east coast of Taukihepa (Big South Cape) Island (at 47°13.95′S and 167°26.38′E); then

##### (b)

proceeding in a straight line in a south-easterly direction to a point offshore (at 47°14.13′S and 167°26.50′E); then

##### (c)

proceeding in a straight line in a south-westerly direction to a point on the mean high-water mark on the east coast of an unnamed island to the east of Patupahe Bay (at 47°14.18′S and 167°26.34′E); then

##### (d)

proceeding along the mean high-water mark in a generally north-westerly and then southerly direction to a point on the west coast of the unnamed island (at 47°14.20′S and 167°26.27′E); then

##### (e)

proceeding in a straight line in a north-westerly direction to a point on the mean high-water mark on the east coast of Taukihepa (Big South Cape) Island (at 47°14.07′S and 167°26.18′E); then

##### (f)

proceeding in a generally easterly and then northerly direction along the mean high-water mark of Taukihepa (Big South Cape) Island to the point of commencement

Pukeweka Island means all New Zealand fisheries waters enclosed by a line—

##### (a)

commencing at a point on the mean high-water mark on the north coast of Taukihepa (Big South Cape) Island (at 47°13.44′S and 167°25.70′E); then

##### (b)

proceeding in a straight line in a northerly direction to a point on the mean high-water mark of Rerewhakaupoko (Solomon) Island (at 47°13.28′S and 167°25.74′E); then

##### (c)

proceeding along the mean high-water mark in a generally easterly direction to a point on the south-east coast of Rerewhakaupoko (Solomon) Island (at 47°13.36′S and 167°26.31′E); then

##### (d)

proceeding in a straight line in a south-easterly direction to a point on the mean high-water mark of the north-east coast of Pukeweka Island (at 47°13.50′S and 167°26.36′E); then

##### (e)

proceeding in a generally westerly and then easterly direction along the mean high-water mark to a point on the south-east coast of Pukeweka Island (at 47°13.51′S and 167°26.35′E); then

##### (f)

proceeding in a straight line in a south-westerly direction to a point on the mean high-water mark of Taukihepa (Big South Cape) Island (at 47°13.63′S and 167°26.25′E); then

##### (g)

proceeding in a generally north-westerly direction along the mean high-water mark of Taukihepa (Big South Cape) Island to the point of commencement

Putauhinu Nuggets means all New Zealand fisheries waters enclosed by a line—

##### (a)

commencing at a point on the mean high-water mark on the east coast of the southernmost island in the Putauhinu Nuggets group (at 47°13.91′S and 167°20.95′E); then

##### (b)

proceeding due east to a point offshore (at 47°13.91′S and 167°21.01′E); then

##### (c)

proceeding in straight line in a southerly direction to a point offshore (at 47°14.07′S and 167°20.99′E); then

##### (d)

proceeding due west to a point offshore (at 47°14.07′S and 167°20.85′E); then

##### (e)

proceeding in a northerly direction to a point on the mean high-water mark of the south coast of the southernmost island (at 47°14.01′S and 167°20.86′E); then

##### (f)

Puwai Bay means all New Zealand fisheries waters enclosed by a line—

##### (a)

commencing at point on the mean high-water mark on the south coast of Taukihepa (Big South Cape) Island (at 47°15.32′S and 167°23.24′E); then

##### (b)

proceeding in a straight line in a north-westerly direction across the mouth of Puwai Bay to a point on the mean high-water mark on the south coast of Taukihepa (Big South Cape) Island (at 47°15.26′S and 167°22.99′E); then

##### (c)

proceeding in a generally north-easterly then south-westerly direction along the mean high-water mark to the point of commencement

Rerewhakaupoko (Solomon) Island means all New Zealand fisheries waters enclosed by a line—

##### (a)

commencing at a point on the mean high-water mark on the north coast of Rerewhakaupoko (Solomon) Island (at 47°13.22′S and 167°25.85′E); then

##### (b)

proceeding in a straight line in a northerly direction to a point offshore (at 47°12.93′S and 167°25.78′E); then

##### (c)

proceeding in a straight line in a north-easterly direction to a point offshore (at 47°12.84′S and 167°26.41′E); then

##### (d)

proceeding in a straight line in a southerly direction to a point on the mean high-water mark on the north coast of Rerewhakaupoko (Solomon) Island (at 47°13.18′S and 167°26.38′E); then

##### (e)

proceeding in a generally westerly direction along the mean high-water mark to the point of commencement

Rukawahakura Island means all New Zealand fisheries waters enclosed by a line—

##### (a)

commencing at a point on the mean high-water mark on the east coast of Rukawahakura Island (at 47°06.27′S and 168°12.31′E); then

##### (b)

proceeding in a straight line in a south-easterly direction to a point offshore (at 47°06.30′S and 168°12.32′E); then

##### (c)

proceeding in a straight line in a south-westerly direction to a point on the mean high-water mark on the south east coast of Rukawahakura Island (at 47°06.37′S and 168°12.19′E); then

##### (d)

proceeding in a generally northerly and then easterly direction along the mean high water mark to the point of commencement

South Eastern Putauhinu Island means all New Zealand fisheries waters enclosed by a line—

##### (a)

commencing at a point on the mean high-water mark on the east coast of Putauhinu Island (at 47°13.12′S and 167°23.63′E); then

##### (b)

proceeding in straight line in a south-westerly direction across the mouth of an unnamed bay to a point on the mean high-water mark on the east coast of Putauhinu Island (at 47°13.20′S and 167°23.45′E); then

##### (c)

proceeding in a generally north westerly and then south easterly direction along the mean high-water mark to the point of commencement

Southern Putauhinu Island means all New Zealand fisheries waters enclosed by a line—

##### (a)

commencing at a point on the mean high-water mark on the south coast of Putauhinu Island (at 47°13.29′S and 167°22.98′E); then

##### (b)

proceeding in a straight line in a south-westerly direction to a point on the mean high-water mark of the easternmost island of a small group to the south of Putauhinu Island (at 47°13.38′S and 167°22.74′E); then

##### (c)

proceeding in a generally north-westerly then southerly direction along the mean high-water mark to a point on the west coast of the easternmost island (at 47°13.36′S and 167°22.71′E); then

##### (d)

proceeding due west to a point on the mean high-water mark on the east coast of the central island of the group (at 47°13.36′S and 167°22.68′E); then

##### (e)

proceeding in a generally north-westerly direction along the mean high-water mark to a point on the north coast of the central island (at 47°13.30′S and 167°22.58′E); then

##### (f)

proceeding in a straight line in a northerly direction to a point on the mean high-water mark on the south coast of Putauhinu Island (at 47°13.17′S and 167°22.63′E); then

##### (g)

proceeding in a generally easterly direction along the mean high-water mark of Putauhinu Island to the point of commencement

Tamaitemioka and Pohowaitai Islands means all New Zealand fisheries waters enclosed by a line—

##### (a)

commencing at a point on the mean high-water mark on the southeast coast of Tamaitemioka Island (at 47°13.29′S and 167°19.84′E); then

##### (b)

proceeding in a straight line in a south-easterly direction to a point 10 metres offshore from the unnamed island to the south-east of Tamaitemioka Island (at 47°13.31′S and 167°19.90′E); then

##### (c)

proceeding in a generally south-easterly direction following a line 10 metres offshore from the mean high-water mark of the unnamed island to a point offshore (at 47°13.34′S and 167°19.91′E); then

##### (d)

proceeding in a straight line in a south-westerly direction to a point on the mean high-water mark on the east coast of Pohowaitai Island (at 47°13.38′S and 167°19.80′E); then

##### (e)

proceeding in a generally north-westerly direction along the mean high-water mark to a point on the north-east coast of Pohowaitai Island (at 47°13.30′S and 167°19.72′E); then

##### (f)

proceeding in a straight line in a northerly direction to a point on the mean high-water mark on the south coast of Tamaitemioka Island (at 47°13.27′S and 167°19.74′E); then

##### (g)

proceeding in a generally easterly and then northerly direction along the mean high-water mark of Tamaitemioka Island to the point of commencement

Tia (Entrance) Island means all New Zealand fisheries waters enclosed by a line—

##### (a)

commencing at a point on the mean high-water mark on the west coast of Tia (Entrance) Island (at 47°04.40′S and 168°12.98′E); then

##### (b)

proceeding due west to a point 100 metres offshore (at 47°04.40′S and 168°12.88′E); then

##### (c)

proceeding in a generally north-easterly direction following a line 100 metres offshore from the mean high-water mark of Tia (Entrance) Island to a point offshore (at 47°04.25′S and 168°13.22′E); then

##### (d)

proceeding in a straight line in a south-westerly direction to a point on the mean high-water mark on the north coast of Tia (Entrance) Island (at 47°04.31′S and 168°13.19′E); then

##### (e)

proceeding along the mean high-water mark in a generally north-westerly and then south-westerly direction to the point of commencement

Timore (Chimneys) Island means all New Zealand fisheries waters enclosed by a line—

##### (a)

commencing at a point on the mean high-water mark on the south-west coast of Big Island (at 47°08.33′S and 167°31.26′E); then

##### (b)

proceeding in a straight line in a south-westerly direction to a point on the mean high-water mark on the south-east coast of Timore (Chimneys) Island (at 47°08.38′S and 167°31.07′E); then

##### (c)

proceeding in a northerly and then westerly direction along the mean high-water mark to a point on the north coast of the Timore (Chimneys) Island (at 47°08.28′S and 167°31.05′E); then

##### (d)

proceeding in a straight line in a northerly direction to a point on the mean high-water mark on the south coast of the unnamed island to the north of Timore (Chimneys) Island (at 47°08.24′S and 167°31.04′E); then

##### (e)

proceeding in a north-easterly and then north-westerly direction along the mean high-water mark to a point on the north coast of the unnamed island (at 47°08.20’S and 167°31.03′E); then

##### (f)

proceeding in a straight line in a northerly direction to a point offshore (at 47°08.17′S and 167°31.04′E); then

##### (g)

proceeding in a straight line in a north-easterly direction to a point on the mean high-water mark of the most north-westerly point of Big Island (at 47°08.12′S and 167°31.31′E); then

##### (h)

proceeding in a generally southerly direction along the mean high-water mark to the point of commencement

Upokopotete (Potted Head) means all New Zealand fisheries waters enclosed by a line—

##### (a)

commencing at a point on the mean high-water mark at the northernmost point of Potted Head on Taukihepa (Big South Cape) Island (at 47°13.60′S and 167°24.72′E); then

##### (b)

proceeding due north to a point offshore (at 47°13.57′S and 167°24.72′E); then

##### (c)

proceeding due east to a point on the mean high-water mark on the north-west coast of Taukihepa (Big South Cape) Island (at 47°13.57′S and 167°24.96′E); then

##### (d)

proceeding in a generally south-westerly then north-westerly direction along the mean high-water mark to the point of commencement

West Taukihepa means all New Zealand fisheries waters enclosed by a line—

##### (a)

commencing at a point on the mean high-water mark on the west coast of Taukihepa (Big South Cape) Island (at 47°14.60′S and 167°23.07′E); then

##### (b)

proceeding in a straight line in a north-westerly direction to a point offshore (at 47°14.52′S and 167°23.00′E); then

##### (c)

proceeding in a straight line in a north-easterly direction to a point offshore (at 47°14.28′S and 167°23.42′E); then

##### (d)

proceeding in a straight line in a southerly direction to a point on the mean high-water mark on the north coast of Taukihepa (Big South Cape) Island (at 47°14.34′S and 167°23.50′E); then

##### (e)

proceeding in a generally south-westerly direction along the mean high-water mark to the point of commencement

Wharepuaitaha Island means all New Zealand fisheries waters enclosed by a line—

##### (a)

commencing at a point on the mean high-water mark on the north west coast of Wharepuaitaha Island (at 47°06.88′S and 168°12.28′E); then

##### (b)

proceeding in a straight line in a northerly direction to a point offshore (at 47°06.83′S and 168°12.27′E); then

##### (c)

proceeding in a straight line in a north-easterly direction to a point offshore (at 47°06.82′S and 168°12.46′E); then

##### (d)

proceeding in a straight line in a south-easterly direction to a point on the mean high-water mark on the north coast of Wharepuaitaha Island (at 47°06.87′S and 168°12.47′E); then

##### (e)

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

## Part 2 Closed areas for kina

The following areas are closed for kina:

##### (1)

Pikomamakau-iti (North Island):

##### (2)

Bunker Islets:

##### (3)

Herekopare (Te Marama) Island:

##### (4)

Tia (Entrance) Island:

##### (5)

Rukawahakura Island:

##### (6)

Wharepuaitaha Island:

##### (7)

Poutama Island:

##### (8)

Puwai Bay:

##### (9)

Hinekuha:

##### (10)

Horomanu Patu:

##### (11)

Patupahe Bay:

##### (12)

Pukeotakohe:

##### (13)

Pukeweka Island:

##### (14)

Rerewhakaupoko (Solomon) Island:

##### (15)

Upokopotete (Potted Head):

##### (16)

West Taukihepa:

##### (17)

Southern Putauhinu Island:

##### (18)

South Eastern Putauhinu Island:

##### (19)

Eastern Putauhinu Island:

##### (20)

North-eastern Putauhinu Island:

##### (21)

North-western Putauhinu Island:

##### (22)

Putauhinu Nuggets:

##### (23)

Kaimohu Island:

##### (24)

Tamaitemioka and Pohowaitai Islands:

##### (25)

Poho a Tairea (Big Island):

##### (26)

Poho a Tairea 2 (Big Island):

##### (27)

Timore (Chimneys) Island:

##### (28)

Betsy Island:

##### (29)

Kundy Island:

##### (30)

Paua Bay:

##### (31)

Mokoiti (Little Moggy) Island.

## Part 3 Closed areas for paua

The following areas are closed for paua:

##### (1)

Pikomamakau-iti (North Island):

##### (2)

Herekopare (Te Marama) Island:

##### (3)

Tia (Entrance) Island:

##### (4)

Rukawahakura Island:

##### (5)

Wharepuaitaha Island:

##### (6)

Poutama Island:

##### (7)

Puwai Bay:

##### (8)

Hinekuha:

##### (9)

Horomanu Patu:

##### (10)

Patupahe Bay:

##### (11)

Pukeotakohe:

##### (12)

Pukeweka Island:

##### (13)

Upokopotete (Potted Head):

##### (14)

Southern Putauhinu Island:

##### (15)

South Eastern Putauhinu Island:

##### (16)

Eastern Putauhinu Island:

##### (17)

North-eastern Putauhinu Island:

##### (18)

North-western Putauhinu Island:

##### (19)

Putauhinu Nuggets:

##### (20)

Kaimohu Island:

##### (21)

Tamaitemioka and Pohowaitai Islands:

##### (22)

Timore (Chimneys) Island:

##### (23)

Betsy Island:

##### (24)

Kundy Island:

##### (25)

Paua Bay:

##### (26)

Mokoiti (Little Moggy) Island.

Michael Webster,

Clerk of the Executive Council.

## Explanatory note

*This note is not part of the regulations, but is intended to indicate their general effect.*

These regulations, which come into force on 9 July 2015, amend the Fisheries (Southland and Sub-Antarctic Areas Commercial Fishing) Regulations 1986 (the principal regulations). These regulations—

prohibit commercial fishers from taking or possessing rock lobsters from Upokopotete (Potted Head); and

prohibit commercial fishers from taking or possessing kina from 31 areas; and

prohibit commercial fishers from taking or possessing paua from 26 areas; and

make the breach of any of the prohibitions made by these regulations an offence under regulation 16(2) of the principal regulations (and therefore punishable by a fine not exceeding $100,000).

The purpose of the amendments made by these regulations is to protect the customary, non-commercial food gathering of paua, kina, and rock lobster by the Titi Islands birding community.

### Regulatory impact statement

The Ministry for Primary Industries produced a regulatory impact statement on 18 March 2015 to help inform the decisions taken by the Government relating to the contents of this instrument.

A copy of this regulatory impact statement can be found at—

Date of notification in *Gazette*: 4 June 2015.

These regulations are administered by the Ministry for Primary Industries.