Fisheries (Amateur Fishing) Amendment Regulations 2020

2020/88

Coat of Arms of New Zealand

Fisheries (Amateur Fishing) Amendment Regulations 2020

Patsy Reddy, Governor-General

Order in Council

At Wellington this 11th day of May 2020

Present:
The Right Hon Jacinda Ardern presiding in Council

These regulations are made under section 297 of the Fisheries Act 1996 on the advice and with the consent of the Executive Council.

Contents

1Title
2Commencement
3Principal regulations
4Regulation 4 amended (Conflict between general provisions and specific provisions in these regulations)
5New regulation 7A inserted (Interpretation: quota management areas)
7AInterpretation: quota management areas
6New regulation 17A inserted (Lowest daily limit for blue cod applies in event of conflict)
17ALowest daily limit for blue cod applies in event of conflict
7New regulation 20A inserted (Measurable state for blue cod)
20AMeasurable state for blue cod
8New regulation 47A inserted (Requirements for pots used for taking blue cod)
47ARequirements for pots used for taking blue cod
9Regulation 99 revoked (Minimum length for blue cod in Challenger (East) area)
10Regulation 107 revoked (Restriction on possessing blue cod in Challenger (East) area)
11New regulation 122A inserted (Daily limit for blue cod in East Otago taiapure)
122ADaily limit for blue cod in East Otago taiapure
12Regulation 124 revoked (Minimum length for blue cod)
13Regulation 125A amended (Minimum lengths for blue cod and sea perch taken from Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area)
14Regulation 132B revoked (Requirement to mark spiny rock lobsters taken from Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area)
15Regulation 147A amended (Daily limit for blue cod in Doubtful (Patea), Thompson, and Bradshaw Sounds)
16New Parts 7A and 7B inserted
155ADaily limit for rock lobsters taken from CRA2
155BRequirement to mark spiny rock lobsters taken from CRA2
155CRequirement to mark spiny rock lobsters taken from CRA5
155DInterpretation
155EDaily limit for blue cod in Canterbury (Hurunui River to Rakaia River) area
155FDaily limit for blue cod in Chatham Islands area
155GDaily limit for blue cod in Kahurangi (Heaphy River to Farewell Spit Lighthouse) area
155HDaily limit for blue cod in Kaikōura (Clarence River to Hurunui River) area
155IDaily limit for blue cod in North Otago (Rakaia River to Taiaroa Head) area
155JDaily limit for blue cod in South West (Sand Hill Point to south bank of Haast River) area
155KDaily limit for blue cod in Southern (Taiaroa Head to Sand Hill Point (southern boundary of the Fiordland Marine Area)) area
155LDaily limit for blue cod in Tasman (Farewell Spit to Clarence River) area
155MDaily limit for blue cod in Westland (south bank of Haast River to Heaphy River) area
155NOffences
17New regulation 158A inserted (Limitation on defence in relation to possession of blue cod)
158ALimitation on defence in relation to possession of blue cod
18Regulation 159 revoked (Limitation on defence in relation to possessing blue cod in Challenger (East) area)
19Regulation 159A amended (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)
20Schedule 2 amended
21Schedule 10 amended
22Schedule 10A amended
23Schedule 12 amended
24New Schedule 18A inserted
25Schedule 19 amended
Explanatory note
Administrative Information

Regulations

1 Title

These regulations are the Fisheries (Amateur Fishing) Amendment Regulations 2020.

2 Commencement

These regulations come into force on 1 July 2020.

3 Principal regulations

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

4 Regulation 4 amended (Conflict between general provisions and specific provisions in these regulations)

(1)

In regulation 4, replace “FMA” with “area”.

(2)

In regulation 4, insert as subclause (2):

(2)

This regulation is subject to regulation 17A.

5 New regulation 7A inserted (Interpretation: quota management areas)

After regulation 7, insert:

7A Interpretation: quota management areas

In these regulations, unless the context otherwise requires,—

CRA2 means the area defined as quota management area CRA2—Bay of Plenty in Part 3 of Schedule 1 of the Act

CRA5 means the area defined as quota management area CRA5—Canterbury/Marlborough in Part 3 of Schedule 1 of the Act

PAU3 means the area defined as quota management area PAU3—South-East (Kaikoura Coast) in Part 3 of Schedule 1 of the Act

PAU7 means the area defined as quota management area PAU7—Challenger (Nelson/Marlborough) in Part 3 of Schedule 1 of the Act.

6 New regulation 17A inserted (Lowest daily limit for blue cod applies in event of conflict)

After regulation 17, insert:

17A Lowest daily limit for blue cod applies in event of conflict

If there is a conflict between 2 or more provisions in these regulations that set a daily limit for blue cod in respect of the same area, the provision setting the lowest daily limit applies to the area.

7 New regulation 20A inserted (Measurable state for blue cod)

After regulation 20, insert:

20A Measurable state for blue cod

(1)

A person must not possess any blue cod in New Zealand fisheries waters unless it is in a whole or gutted state.

(2)

However, a person may possess blue cod 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.

8 New regulation 47A inserted (Requirements for pots used for taking blue cod)

After regulation 47, insert:

47A Requirements for pots used for taking blue cod

(1)

A person must not use or have on board a fishing vessel any pot used to take blue cod unless—

(a)

the pot is covered with a single layer of rigid square mesh; and

(b)

the mesh has inside dimensions of no less than 54mm in width; and

(c)

the pot does not have any cover, liner, or any other construction that restricts the inside dimensions of the mesh to less than 54mm.

(2)

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

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

10 Regulation 107 revoked (Restriction on possessing blue cod in Challenger (East) area)
11 New regulation 122A inserted (Daily limit for blue cod in East Otago taiapure)

After regulation 122, insert:

122A Daily limit for blue cod in East Otago taiapure

(1)

A person must not, on any day,—

(a)

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

(b)

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

(c)

possess more than the daily limit for blue cod 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 blue cod for the East Otago 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 blue cod for the East Otago 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.

12 Regulation 124 revoked (Minimum length for blue cod)
13 Regulation 125A amended (Minimum lengths for blue cod and sea perch taken from Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area)

(1)

(2)

In regulation 125A(3), delete “(1) or”.

14 Regulation 132B revoked (Requirement to mark spiny rock lobsters taken from Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area)
15 Regulation 147A amended (Daily limit for blue cod in Doubtful (Patea), Thompson, and Bradshaw Sounds)

Replace regulation 147A(1) to (3) with:

(1)

A person must not, on any day,—

(a)

take more than 1 blue cod (the daily limit for blue cod) from the internal waters of the Doubtful (Patea), Thompson, and Bradshaw Sounds (the Sounds); or

(b)

possess more than the daily limit for 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 the daily limit for blue cod, but not more than 3 times that daily limit, 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 times the daily limit for 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.

16 New Parts 7A and 7B inserted

After regulation 155, insert:

Part 7A Quota management areas

Subpart 1—CRA2 (Bay of Plenty)

155A Daily limit for rock lobsters taken from CRA2

(1)

A person must not, on any day,—

(a)

take more than 6 rock lobsters from CRA2 (the daily limit for rock lobsters); or

(b)

possess more than the daily limit for rock lobsters in CRA2; or

(c)

take more than 3 spiny rock lobsters from CRA2 (the daily limit for spiny rock lobsters); or

(d)

possess more than the daily limit for spiny rock lobsters in CRA2.

(2)

A person contravenes this subclause if the person, on any day, takes or possesses more than, but not more than 3 times,—

(a)

the daily limit for rock lobsters; or

(b)

the daily limit for spiny rock lobsters.

(3)

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

(a)

the daily limit for rock lobsters; or

(b)

the daily limit for spiny 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.

155B Requirement to mark spiny rock lobsters taken from CRA2

(1)

A person who takes any spiny rock lobster from CRA2 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 CRA2 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.

Subpart 2—CRA5 (Canterbury/Marlborough)

155C Requirement to mark spiny rock lobsters taken from CRA5

(1)

A person who takes any spiny rock lobster from CRA5 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 CRA5 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.

Part 7B Blue cod management areas

155D Interpretation

In this Part, blue cod management area means one of the following areas as described in Schedule 18A:

(a)

Canterbury (Hurunui River to Rakaia River):

(b)

Chatham Islands:

(c)

Kahurangi (Heaphy River to Farewell Spit Lighthouse):

(d)

Kaikōura (Clarence River to Hurunui River):

(e)

North Otago (Rakaia River to Taiaroa Head):

(f)

South West (Sand Hill Point to south bank of Haast River):

(g)

Southern (Taiaroa Head to Sand Hill Point (southern boundary of the Fiordland Marine Area)):

(h)

Tasman (Farewell Spit to Clarence River):

(i)

Westland (south bank of Haast River to Heaphy River).

155E Daily limit for blue cod in Canterbury (Hurunui River to Rakaia River) area

(1)

A person must not, on any day,—

(a)

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

(b)

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

(c)

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

(2)

See regulation 158A(1) for the accumulation limit for blue cod.

155F Daily limit for blue cod in Chatham Islands area

(1)

A person must not, on any day,—

(a)

take more than 15 blue cod (the daily limit for blue cod) from the Chatham Islands blue cod management area; or

(b)

possess more than the daily limit for blue cod in the Chatham Islands blue cod management area; or

(c)

possess more than the daily limit for blue cod taken from within the Chatham Islands blue cod management area.

(2)

Despite regulation 20A, a person may possess blue cod that is without a head in the Chatham Islands blue cod management area, provided the blue cod is of the minimum length set out in Schedule 2.

(3)

See regulation 158A(1) for the accumulation limit for blue cod.

155G Daily limit for blue cod in Kahurangi (Heaphy River to Farewell Spit Lighthouse) area

(1)

A person must not, on any day,—

(a)

take more than 10 blue cod (the daily limit for blue cod) from the Kahurangi blue cod management area; or

(b)

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

(c)

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

(2)

See regulation 158A(1) for the accumulation limit for blue cod.

155H Daily limit for blue cod in Kaikōura (Clarence River to Hurunui River) area

(1)

A person must not, on any day,—

(a)

take more than 10 blue cod (the daily limit for blue cod) from the Kaikōura blue cod management area; or

(b)

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

(c)

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

(2)

This regulation is subject to regulation 123A, unless the blue cod is taken from—

(a)

Te Taumanu o Te Waka a Māui taiapure; or

(b)

Oaro-Haumuri taiapure.

(3)

See regulation 158A for the accumulation limit for blue cod.

155I Daily limit for blue cod in North Otago (Rakaia River to Taiaroa Head) area

(1)

A person must not, on any day,—

(a)

take more than 10 blue cod (the daily limit for blue cod) from the North Otago blue cod management area; or

(b)

possess more than the daily limit for blue cod in the North Otago blue cod management area; or

(c)

possess more than the daily limit for blue cod taken from within the North Otago blue cod management area.

(2)

This regulation is subject to regulation 122A.

(3)

See regulation 158A(1) for the accumulation limit for blue cod.

155J Daily limit for blue cod in South West (Sand Hill Point to south bank of Haast River) area

(1)

A person must not, on any day,—

(a)

take more than 10 blue cod (the daily limit for blue cod) from the South West blue cod management area; or

(b)

possess more than the daily limit for blue cod in the South West blue cod management area; or

(c)

possess more than the daily limit for blue cod taken from within the South West blue cod management area.

(2)

This regulation is subject to regulations 147 and 147A.

(3)

See regulation 158A(1) for the accumulation limit for blue cod.

155K Daily limit for blue cod in Southern (Taiaroa Head to Sand Hill Point (southern boundary of the Fiordland Marine Area)) area

(1)

A person must not, on any day,—

(a)

take more than 15 blue cod (the daily limit for blue cod) from the Southern blue cod management area; or

(b)

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

(c)

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

(2)

Despite regulation 20A, a person may possess blue cod that is without a head in the Southern blue cod management area, provided the blue cod is of the minimum length set out in Schedule 2.

(3)

See regulation 158A(1) for the accumulation limit for blue cod.

155L Daily limit for blue cod in Tasman (Farewell Spit to Clarence River) area

(1)

A person must not, on any day,—

(a)

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

(b)

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

(c)

possess more than the daily limit for blue cod taken from the Tasman blue cod management area.

(2)

See regulation 158A(1) for the accumulation limit for blue cod.

155M Daily limit for blue cod in Westland (south bank of Haast River to Heaphy River) area

(1)

A person must not, on any day,—

(a)

take more than 15 blue cod (the daily limit for blue cod) from the Westland blue cod management area; or

(b)

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

(c)

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

(2)

Despite regulation 20A, a person may possess blue cod that is without a head in the Westland blue cod management area, provided the blue cod is of the minimum length set out in Schedule 2.

(3)

See regulation 158A(1) for the accumulation limit for blue cod.

155N Offences

(1)

A person contravenes regulations 155E to 155M if the person, on any day, takes or possesses more than the daily limit for blue cod for a blue cod management area, but not more than 3 times that daily limit.

(2)

A person contravenes regulations 155E to 155M if the person, on any day, takes or possesses more than 3 times the daily limit for blue cod for a blue cod management 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.

17 New regulation 158A inserted (Limitation on defence in relation to possession of blue cod)

After regulation 158, insert:

158A Limitation on defence in relation to possession of blue cod

(1)

The defence set out in regulation 157(1) does not apply to a charge of possessing more than the daily limit for blue cod in, or taken from, a specified area, unless the defendant satisfies the court that—

(a)

the defendant possessed no more than 2 times the daily limit for blue cod for that area (the accumulation limit); and

(b)

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

(2)

Subclause (1) does not limit the defence set out in regulation 157(1) in relation to a charge of possessing more than the daily limit for blue cod in, or taken from, a blue cod management area, if possession occurs in—

(a)

Te Taumanu o Te Waka a Māui taiapure; or

(b)

Oaro-Haumuri taiapure; or

(c)

Akaroa Harbour taiapure; or

(d)

East Otago taiapure; or

(e)

the internal waters of Fiordland and Doubtful Sound (Patea), Thompson Sound, and Bradshaw Sound.

18 Regulation 159 revoked (Limitation on defence in relation to possessing blue cod in Challenger (East) area)
19 Regulation 159A amended (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)

In the heading to regulation 159A, replace Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area with CRA5 (Canterbury/Marlborough).

(2)

In regulation 159A(1) and (2), replace “Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area” with “CRA5”.

20 Schedule 2 amended

In Schedule 2, Part 1, replace the item relating to blue cod with:

Blue cod (except blue cod without a head) as measured from the tip of the nose to the posterior end of the middle ray of the tail fin33
Blue cod (without a head) as measured from the rear of the base of the pectoral fin to the posterior end of the middle ray of the tail fin24
21 Schedule 10 amended

In Schedule 10, revoke the item relating to blue cod.

22 Schedule 10A amended

In Schedule 10A, replace the item relating to blue cod with:

Blue cod (except blue cod taken from Te Taumanu o Te Waka a Māui taiapure or Oaro-Haumuri taiapure)6
Blue cod taken from Te Taumanu o Te Waka a Māui taiapure or Oaro-Haumuri taiapure2
23 Schedule 12 amended

In Schedule 12, revoke the item relating to blue cod.

24 New Schedule 18A inserted

After Schedule 18, insert the Schedule 18A set out in the Schedule of these regulations.

25 Schedule 19 amended

(1)

In Schedule 19, Part 1, after the item relating to regulation 20(1), (3), insert:

r 20A(1)Possessing blue cod except in a whole or gutted state250

(2)

In Schedule 19, Part 1, after the item relating to regulation 47, insert:

r 47A(1)Using or possessing pots without mesh, or with mesh that has inside dimensions of less than 54 mm in width, or with mesh that has been caused by any construction to have inside dimensions of less than 54mm in width, to take blue cod250

(3)

In Schedule 19, Part 4, revoke the items relating to regulations 99(1) and 107(1).

(4)

In Schedule 19, Part 5, after the items relating to regulation 122, insert:

r 122A(2)Taking or possessing more than the daily limit for blue cod for East Otago taiapure, but not more than 2 times that daily limit250
r 122A(2)Taking or possessing more than 2 times the daily limit for blue cod for East Otago taiapure, but not more than 3 times that daily limit500

(5)

In Schedule 19, Part 5, revoke the items relating to regulations 124(1) and 125A(1).

(6)

In Schedule 19, Part 5, revoke the items relating to regulation 132B.

(7)

In Schedule 19, after Part 6, insert:

Part 7 Quota management areas

ProvisionDescription of offenceFee ($)
r 155A(2)Taking or possessing more than the daily limit for rock lobsters, or the daily limit for spiny rock lobsters, taken from CRA2, but not more than 2 times those daily limits250
r 155A(2)Taking or possessing more than 2 times the daily limit for rock lobsters, or the daily limit for spiny rock lobsters, taken from CRA2 but not more than 3 times those daily limits500
r 155B(1)Failing to cut off one-third of telson from spiny rock lobster taken from CRA2250
r 155B(2)Possessing spiny rock lobster without one-third of telson cut off taken from CRA2250
r 155C(1)Failing to cut off one-third of telson from spiny rock lobster taken from CRA5250
r 155C(2)Possessing spiny rock lobster without one-third of telson cut off taken from CRA5250

Part 8 Blue cod management areas

ProvisionDescription of offenceFee ($)
r 155N(1)Taking or possessing more than the daily limit for blue cod for a blue cod management area, but not more than 2 times that daily limit250
r 155N(1)Taking or possessing more than 2 times the daily limit for blue cod for a blue cod management area, but not more than 3 times that daily limit500

Schedule New Schedule 18A inserted

r 24

Schedule 18A Defined areas: blue cod management areas

r 155D

1 Definitions

In Part 7B, unless the context otherwise requires,—

Canterbury (Hurunui River to Rakaia River) means all New Zealand fisheries waters enclosed by a line—

(a)

commencing at a point near the mouth of the Hurunui River (at 42°54.070′S and 173°17.670′E); then

(b)

proceeding due east to the intersection with the outer limit of the New Zealand Territorial Sea (at 42°54.070′S and 173°36.347′E); then

(c)

proceeding in a generally southerly direction along the outer limit of the New Zealand Territorial Sea to a point at 44°02.998′S and 172°27.062′E; then

(d)

proceeding in a north-westerly direction to a point near the mouth of the Rakaia River (at 43°53.600′S and 172°14.040′E); then

(e)

proceeding in a generally northerly direction along the mean high-water mark back to the starting point near the mouth of the Hurunui River (at 42°54.070′S and 173°17.670′E)

Chatham Islands means all New Zealand fisheries waters enclosed by the New Zealand Territorial Sea surrounding the Chatham Islands

Kahurangi (Heaphy River to Farewell Spit Lighthouse) means all New Zealand fisheries waters enclosed by a line—

(a)

commencing at a point near the mouth of the Heaphy River (at 40°59.250′S and 172°06.420′E); then

(b)

proceeding due west to the intersection with the outer limit of the New Zealand Territorial Sea (at 40°59.250′S and 171°49.905′E); then

(c)

proceeding in a generally northerly then easterly direction along the outer limit of the New Zealand Territorial Sea to a point at 40°19.370′S and 173°00.564′E; then

(d)

proceeding due south to the Farewell Spit Lighthouse (at 40°32.765′S and 173°00.564′E); then

(e)

proceeding in a generally westerly then southerly direction along the mean high-water mark back to the starting point near the mouth of the Heaphy River (at 40°59.250′S and 172°06.420′E)

Kaikōura (Clarence River to Hurunui River) means all New Zealand fisheries waters enclosed by a line—

(a)

commencing at a point near the mouth of the Clarence River (at 42°10.000′S and 173°56.000′E); then

(b)

proceeding due east to the intersection with the outer limit of the New Zealand Territorial Sea (at 42°10.000′S and 174°12.533′E); then

(c)

proceeding in a generally southerly direction along the outer limit of the New Zealand Territorial Sea to a point at 42°54.070′S and 173°36.347′E; then

(d)

proceeding due west to a point near the mouth of the Hurunui River (at 42°54.070′S and 173°17.670′E); then

(e)

proceeding in a generally northerly direction along the mean high-water mark back to the starting point near the mouth of the Clarence River (at 42°10.000′S and 173°56.000′E)

North Otago (Rakaia River to Taiaroa Head) means all New Zealand fisheries waters enclosed by a line—

(a)

commencing at a point near the mouth of the Rakaia River (at 43°53.600′S and 172°14.040′E); then

(b)

proceeding in a south-easterly direction to the intersection with the outer limit of the New Zealand Territorial Sea (at 44°02.998′S and 172°27.062′E); then

(c)

proceeding in a generally southerly direction along the outer limit of the New Zealand Territorial Sea to a point at 45°46.420′S and 171°02.086′E; then

(d)

proceeding due west to the Taiaroa Head Lighthouse (at 45°46.420′S and 170°43.727′E); then

(e)

proceeding in a generally northerly direction along the mean high-water mark back to the starting point near the mouth of the Rakaia River (at 43°53.600′S and 172°14.040′E)

South West (Sand Hill Point to south bank of Haast River) means all New Zealand fisheries waters (excluding the internal waters of Fiordland) enclosed by a line—

(a)

commencing at Sand Hill Point (at 46°15.200′S and 167°19.050′E); then

(b)

proceeding in a south-easterly direction to the intersection with the outer limit of the New Zealand Territorial Sea (at 46°28.489′S and 167°21.761′E); then

(c)

proceeding in a generally south-westerly then northerly direction along the outer limit of the New Zealand Territorial Sea to a point at 43°40.347′S and 168°47.212′E; then

(d)

proceeding in a south-easterly direction to a point near the mouth of the Haast River (at 43°50.760′S and 169°01.572′E); then

(e)

proceeding in a generally southerly direction along the mean high-water mark, and excluding the internal waters of Fiordland, back to the starting point at Sand Hill Point (at 46°15.200′S and 167°19.050′E)

Southern (Taiaroa Head to Sand Hill Point (southern boundary of the Fiordland Marine Area)) means all New Zealand fisheries waters enclosed by a line—

(a)

commencing at the Taiaroa Head Lighthouse (at 45°46.420′S and 170°43.727′E); then

(b)

proceeding due east to the intersection with the outer limit of the New Zealand Territorial Sea (at 45°46.420′S and 171°02.086′E); then

(c)

proceeding in a generally south-easterly then northerly direction along the outer limit of the New Zealand Territorial Sea to a point at 46°28.489′S and 167°21.761′E; then

(d)

proceeding in a north-westerly direction to Sand Hill Point (at 46°15.200′S and 167°19.050′E); then

(e)

proceeding in a generally easterly then northerly direction along the mean high-water mark back to the starting point at the Taiaroa Head Lighthouse (at 45°46.420′S and 170°43.727′E)

Tasman (Farewell Spit to Clarence River) means all New Zealand fisheries waters enclosed by a line—

(a)

commencing at the Farewell Spit Lighthouse (at 40°32.765′S and 173°00.564′E); then

(b)

proceeding due north to the intersection with the outer limit of the New Zealand Territorial Sea (at 40°19.370′S and 173°00.564′E); then

(c)

proceeding in a generally easterly direction along the outer limit of the New Zealand Territorial Sea to the intersection with Fishery Management Area 7 (at 40°47.199′S and 174°22.883′E); then

(d)

proceeding in a generally southerly direction along the boundary of Fishery Management Area 7 to the intersection with the New Zealand Territorial Sea (at 41°31.758′S and 174°32.680′E); then

(e)

proceeding in a generally westerly then southerly direction along the outer limit of the New Zealand Territorial Sea to the intersection with Fishery Management Area 7 (at 42°10.000′S and 174°12.533′E); then

(f)

proceeding due west to a point near the mouth of the Clarence River (at 42°10.000′S and 173°56.000′E); then

(g)

proceeding in a generally northerly then westerly direction along the mean high-water mark back to the starting point at the Farewell Spit Lighthouse (at 40°32.765′S and 173°00.564′E)

Westland (south bank of Haast River to Heaphy River) means all New Zealand fisheries waters enclosed by a line—

(a)

commencing at a point near the mouth of the Haast River (at 43°50.760′S and 169°01.572′E); then

(b)

proceeding in a north-westerly direction to the intersection with the outer limit of the New Zealand Territorial Sea (at 43°40.347′S and 168°47.212′E); then

(c)

proceeding in a generally northerly direction along the outer limit of the New Zealand Territorial Sea to a point at 40°59.250′S and 171°49.905′E; then

(d)

proceeding due east to a point near the mouth of the Heaphy River (at 40°59.250′S and 172°06.420′E); then

(e)

proceeding in a generally southerly direction along the mean high-water mark back to the starting point near the mouth of the Haast River (at 43°50.760′S and 169°01.572′E).

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 1 July 2020, amend the Fisheries (Amateur Fishing) Regulations 2013. The regulations apply to people who are not commercial fishers.

The main effects of these amendments are to—

  • regulate the taking of rock lobsters from specified quota management areas (see new Part 7A); and

  • regulate the taking of blue cod nationally.

Some of the amendments relate to quota management areas CRA2 (Bay of Plenty) and CRA5 (Canterbury/Marlborough), which includes the Te Whata Kai o Rakihouia i Te Tai o Marokura—Kaikōura Marine Area. These amendments, among other things,—

  • decrease the daily limit for spiny rock lobsters taken from CRA2 from 6 spiny rock lobsters to 3; and

  • require a person who takes a spiny rock lobster from CRA2 or CRA5 to cut one-third of the telson off the tail fan of the spiny rock lobster; and

  • prohibit the possession of a spiny rock lobster taken from within CRA2 or CRA5 if the spiny rock lobster has not had one-third of the telson cut off its tail fan; and

  • set an accumulation limit for rock lobsters taken from CRA5 of three daily bag limits, or 18 rock lobsters, and set associated bag and tag requirements.

The amendments relating to blue cod include, among other things,—

  • requiring blue cod to be in a whole or gutted state, subject to certain exceptions; and

  • setting minimum inside dimensions of 54 mm in width for the mesh in a pot used to take blue cod and restricting use of liners or covers in the pot; and

  • setting daily limits for blue cod according to area; and

  • providing that the accumulation limit for blue cod taken from, or possessed in, an area is no more than twice the daily limit for that area; and

  • setting a minimum legal size for blue cod (with and without a head).

Regulatory impact assessment

The Ministry for Primary Industries produced a regulatory impact assessment in October 2019 to help inform the new policy decisions taken by the Government relating to the contents of this legislative instrument.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 14 May 2020.

These regulations are administered by the Ministry for Primary Industries.