Fisheries (Amateur Fishing) Amendment Regulations 2015

2015/269

Coat of Arms of New Zealand

Fisheries (Amateur Fishing) Amendment Regulations 2015

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 16th day of November 2015

Present:
His Excellency the Governor-General in Council

Pursuant to sections 297 and 298 of the Fisheries Act 1996, His Excellency the Governor-General makes the following regulations, acting—

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister for Primary Industries made in accordance with section 11 of that Act after undertaking consultation in accordance with section 12.

Contents

1Title
2Commencement
3Principal regulations
4Regulation 92 amended (Combined daily limit for fish (including individual species limits) in Challenger FMA)
5Regulation 98 revoked (Minimum and maximum length for blue cod in Marlborough Sounds area)
6Regulation 99 amended (Minimum length for blue cod in Challenger (East) area)
7Regulation 105 amended (Prohibition on taking or possessing blue cod in Marlborough Sounds area during closed season)
8Regulation 106 amended (Prohibition on taking finfish from Maud Island closed area)
9Regulation 107 amended (Restriction on possessing blue cod in Marlborough Sounds area or Challenger (East) area)
10Regulation 146 amended (Daily limits in Fiordland (Te Moana o Atawhenua) marine area)
11Regulation 147 amended (Daily limits in internal waters of Fiordland)
12New regulation 147A inserted (Daily limit for blue cod in Doubtful (Patea), Thompson, and Bradshaw Sounds)
147ADaily limit for blue cod in Doubtful (Patea), Thompson, and Bradshaw Sounds
13Regulation 149 amended (Prohibition on taking or possessing blue cod from Fiordland blue cod closure area)
14Regulation 151 amended (Restrictions on lines and pots in Fiordland (Te Moana o Atawhenua) marine area and internal waters of Fiordland)
15Regulation 159 replaced (Limitation on defence in relation to possessing blue cod in Challenger FMA or Marlborough Sounds area)
159Limitation on defence in relation to possessing blue cod in Challenger (East) area
16Schedule 16 amended
17Schedule 18 amended
18Schedule 19 amended
Explanatory note
Administrative Information

Regulations

1 Title

These regulations are the Fisheries (Amateur Fishing) Amendment Regulations 2015.

2 Commencement

These regulations come into force on 20 December 2015.

3 Principal regulations

These regulations amend the Fisheries (Amateur Fishing) Regulations 2013 (the principal regulations).

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

(1)

In regulation 92(3)(a), replace “3” with “2”.

(2)

(3)

In regulation 92(7), delete “(4) or”.

(4)

In regulation 92(8)(a), replace “6” with “4”.

5 Regulation 98 revoked (Minimum and maximum length for blue cod in Marlborough Sounds area)

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

In regulation 99(1)(a) and (b), replace “30 cm” with “33 cm”.

7 Regulation 105 amended (Prohibition on taking or possessing blue cod in Marlborough Sounds area during closed season)

(1)

In regulation 105(2), replace “a serious non-commercial” with “an”.

(2)

In regulation 105(2), replace “$20,000” with “$10,000”.

8 Regulation 106 amended (Prohibition on taking finfish from Maud Island closed area)

(1)

In regulation 106(2), replace “a serious non-commercial” with “an”.

(2)

In regulation 106(2), replace “$20,000” with “$10,000”.

9 Regulation 107 amended (Restriction on possessing blue cod in Marlborough Sounds area or Challenger (East) area)

(1)

In the heading to regulation 107, delete Marlborough Sounds area or.

(2)

In regulation 107(1), delete “the Marlborough Sounds area or”.

(3)

In regulation 107(2), replace “those areas” with “that area”.

(4)

In regulation 107(3), replace “a serious non-commercial” with “an”.

(5)

In regulation 107(3), replace “$20,000” with “$10,000”.

10 Regulation 146 amended (Daily limits in Fiordland (Te Moana o Atawhenua) marine area)

In regulation 146(2)(a), replace “regulation 147” with “regulations 147 and 147A”.

11 Regulation 147 amended (Daily limits in internal waters of Fiordland)

In regulation 147(2), after “subject to”, insert “the limit specified in regulation 147A and”.

12 New regulation 147A inserted (Daily limit for blue cod in Doubtful (Patea), Thompson, and Bradshaw Sounds)

After regulation 147, insert:

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).

13 Regulation 149 amended (Prohibition on taking or possessing blue cod from Fiordland blue cod closure area)

In the heading to regulation 149 and regulation 149(1)(a) and (b), replace “Fiordland” with “Milford Sound (Piopiotahi)”.

14 Regulation 151 amended (Restrictions on lines and pots in Fiordland (Te Moana o Atawhenua) marine area and internal waters of Fiordland)

In regulation 151(2)(d), after “Sound”, insert “(Patea)”.

15 Regulation 159 replaced (Limitation on defence in relation to possessing blue cod in Challenger FMA or Marlborough Sounds area)

Replace regulation 159 with:

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).

16 Schedule 16 amended

In Schedule 16, clause 1(1), replace the definition of Challenger (East) area with:

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

17 Schedule 18 amended

(1)

In Schedule 18, clause 1(1), revoke the definition of Fiordland blue cod closure area.

(2)

In Schedule 18, clause 1(1), definition of internal waters of Fiordland, paragraph (g), after “Sound”, insert “(Patea)”.

(3)

In Schedule 18, clause 1(1), insert in its appropriate alphabetical order:

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

(4)

In Schedule 18, clause 1(1), definition of Pendulo Reach, Doubtful Sounds, replace Sounds with Sound (Patea).

18 Schedule 19 amended

(1)

In Schedule 19, Part 4, delete the items relating to regulations 92(4) and 98(1).

(2)

In Schedule 19, Part 4, items relating to regulations 105(1) and 106(1), replace “500” with “250”.

(3)

In Schedule 19, Part 4, item relating to regulation 107(1), delete “Marlborough Sounds area or”.

(4)

In Schedule 19, Part 4, item relating to regulation 107(1), replace “500” with “250”.

(5)

In Schedule 19, Part 6, insert in their appropriate numerical order:

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

(6)

In Schedule 19, Part 6, item relating to regulation 149(1), replace “Fiordland” with “Milford Sound (Piopiotahi)”.

(7)

In Schedule 19, Part 6, item relating to regulation 151(2)(d), replace “Sounds” with “Sound (Patea)”.

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 amend the Fisheries (Amateur Fishing) Regulations 2013 (the principal regulations) and come into force on 20 December 2015.

The Fiordland blue cod closure area currently includes the internal waters of Doubtful, Thompson, and Bradshaw Sounds. These regulations amend the principal regulations to reopen those 3 Sounds to recreational fishing for blue cod. The remainder of the Fiordland blue cod closure area is renamed as the Milford Sound (Piopiotahi) blue cod closure area and remains closed. The regulations impose a daily limit of 1 for blue cod taken from the combined internal waters of Doubtful, Thompson, and Bradshaw Sounds. The current daily limit for blue cod taken from the whole of the internal water of Fiordland (including Doubtful, Thompson, and Bradshaw Sounds but excluding the Milford Sound (Piopiotahi) blue cod closure area) remains at 3.

The principal regulations currently provide a daily limit for blue cod of 3 in the Challenger (East) area and 2 in the Marlborough Sounds area. These regulations reduce this to a daily limit of 2 blue cod for those 2 areas combined. The accumulated possession limit for blue cod from that combined area is correspondingly changed to 4. The regulations also change the size limits for blue cod in those areas to a minimum length of 33 cm.

The regulations also amend the principal regulations so that the offences relating to blue cod recreational fishing are the same for the Marlborough Sounds area and Challenger East area. The amendments will also bring the penalties for offences into line with penalties for comparable offences.

Regulatory impact statement

The Ministry for Primary Industries produced regulatory impact statements on 26 August 2015 and 11 September 2015 to help inform the decisions taken by the Government relating to the contents of this instrument.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 19 November 2015.

These regulations are administered by the Ministry for Primary Industries.