Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2015

2015/272

Coat of Arms of New Zealand

Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 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 section 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.

Regulations

1 Title

These regulations are the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2015.

2 Commencement

These regulations come into force on 20 December 2015.

3 Principal regulations

These regulations amend the Fisheries (Challenger Area Commercial Fishing) Regulations 1986 (the principal regulations).

4 New regulation 2DA inserted (Finfishing prohibited in Maud Island closed area)

After regulation 2D, insert:

2DA Finfishing prohibited in Maud Island closed area

(1)

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

(2)

In this regulation, 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.

5 New regulation 11 inserted (Blue cod fishing prohibited in Marlborough Sounds area during closed season)

After regulation 10A insert:

11 Blue cod fishing prohibited in Marlborough Sounds area during closed season

(1)

A commercial fisher must not, during the closed season,—

(a)

take any blue cod from the Marlborough Sounds area using a hand-held line or blue cod pot; or

(b)

possess any blue cod taken in contravention of paragraph (a).

(2)

In this regulation,—

blue cod pot means a pot or similar device, whether baited or not, that is capable of catching blue cod

closed season means the period commencing on 1 September in each year and ending with the close of 19 December in that year

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.

6 Regulation 15 amended (Offences)

In regulation 15(2), after “10A,” insert “11,”.

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 (Challenger Area Commercial Fishing) Regulations 1986 (the principal regulations) and come into force on 20 December 2015.

Currently, an area around Maud Island is closed to finfishing by amateur fishers. These regulations amend the principal regulations to close the same area to finfishing by commercial fishers.

Currently, amateur fishers are prohibited from taking blue cod from the Marlborough Sounds area from 1 September to 19 December each year. These regulations amend the principal regulations to create the same closed season for commercial fishers taking blue cod from that area using a hand-held line or blue cod pot.

The penalty for the offence of contravening either of these new provisions is a fine of up to $100,000. This is the same as the penalty for most of the other offences in the principal regulations.

Regulatory impact statement

The Ministry for Primary Industries produced a regulatory impact statement on 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.