Pursuant to section 72(7) 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 order.

1 Title

2 Commencement

3 Schedule 6 of Fisheries Act 1996 amended

Schedule
Amendments to Schedule 6 of Fisheries Act 1996

Order

1 Title

This order is the Fisheries (Schedule 6) Order 2008.

2 Commencement

This order comes into force on 1 April 2008.

3 Schedule 6 of Fisheries Act 1996 amended

Schedule 6 of the Fisheries Act 1996 is amended by inserting the items set out in the Schedule of this order in their appropriate alphabetical order.

cl 3

Stock	Area	Requirements
Deepwater crab (Chaceon bicolor, Lithodes murrayi, Neolithodes brodiei, and Jacquinotia edwardsii)	All New Zealand fisheries waters	A commercial fisher may return any deepwater crab to the waters from which it was taken if that deepwater crab— (a) is taken using potting gear; and (b) is likely to survive; and (c) the return takes place as soon as practicable after the deepwater crab is taken.
Paddle crab (Ovalipes catharus)	All New Zealand fisheries waters	A commercial fisher may return any paddle crab to the waters from which it was taken if that paddle crab— (a) is taken using potting gear; and (b) is likely to survive; and (c) the return takes place as soon as practicable after the paddle crab is taken.

Stock

Area

Requirements

Deepwater crab (Chaceon bicolor, Lithodes murrayi, Neolithodes brodiei, and Jacquinotia edwardsii)

All New Zealand fisheries waters

A commercial fisher may return any deepwater crab to the waters from which it was taken if that deepwater crab—

(a) is taken using potting gear; and

(b) is likely to survive; and

Paddle crab (Ovalipes catharus)

All New Zealand fisheries waters

A commercial fisher may return any paddle crab to the waters from which it was taken if that paddle crab—

(a) is taken using potting gear; and

(b) is likely to survive; and

Rebecca Kitteridge,
for Clerk of the Executive Council.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on 1 April 2008, amends Schedule 6 of the Fisheries Act 1996 by providing for the return to the water of deepwater crabs and paddle crabs in the prescribed circumstances.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 28 February 2008.

This order is administered by the Ministry of Fisheries.

Fisheries (Schedule 6) Order 2008