(1) No commercial fisher shall use any net other than a fyke net for taking fish—

• (a) in the waters of the Kaiapoi River or its tributaries upstream from the Williams Street Bridge:

• (b) between the 1st day of February in any year and the 30th day of April (both days inclusive) in the same year, in the waters of—

  • (i) the Kaiapoi River or its tributaries downstream from the Williams Street Bridge:

  • (ii) that part of the Waimakariri River lying within straight lines drawn from the site of a white post on the north bank of the Waimakariri River 200m downstream of the mouth of the Kaiapoi River to the site of a white post on the south bank of the Waimakariri River; then by straight line to the site of a white post on the north bank of the Waimakariri River 200m upstream of the mouth of the Kaiapoi River; then by a straight line to the point of commencement (the post on the south bank being situated approximately midway between the 2 posts on the north bank).

(2) No commercial fisher shall, in the waters of Lake Ellesmere (Te Waihora), use for taking fish other than herring any net with a mesh size of less than 100mm; except that a fyke net used solely for taking eels may have a mesh size of not less than 12mm.

(3) No commercial fisher shall leave a set net in the waters of Lake Ellesmere (Te Waihora) or Lake Forsyth (Wairewa), without underrunning the net and removing any fish that have been caught, for more than the following periods:

• (a) between the 1st day of November in any year and the 30th day of April in the following year (both days inclusive), a period of 12 hours; or

• (b) between the 1st day of May and the 31st day of October (both days inclusive) in any year, a period of 24 hours.

(4) No commercial fisher shall—

• (a) use any net for taking fish in any river or stream which flows into Lake Ellesmere (Te Waihora):

• (b) use any net for taking fish in the waters of Lake Ellesmere (Te Waihora) lying within an arc of a circle having a radius of 1.2km around the centre of the mouth of—

  • (i) the Irwell River:

  • (ii) harts Creek:

  • (iii) the Selwyn River/Waikirikiri:

  • (iv) the No 2 Drain:

  • (v) the Halswell River—

  where the points of that circular arc meet the shore of the lake, and are indicated in each case by a post painted with alternate black and yellow bands approximately 30cm in height each, and each post being surmounted by a triangular plate, painted yellow.

(5) For the purpose of subclause (4) of this regulation, the mouth of any river or stream shall be the place where the waters of the river or stream meet the waters of the lake and, in any case where a river or stream has more than one mouth, shall include every outlet of the river or stream and the shore of the lake between those outlets.

(1) No commercial fisher shall set any set net in the waters of quota management area 3 or quota management area 4 if the upper edge of the net is within 2 metres of the surface, unless the distance from the top of the net to its bottom is no more than 50 times greater than the relevant net mesh size and that commercial fisher remains within 100 metres of the net while it is set.

(2) For the purpose of subclause (1) of this regulation, relevant net mesh size means the minimum legally permitted mesh size for the fish the commercial fisher is fishing for.

Notwithstanding regulation 31(1) of the Fisheries (Commercial Fishing) Regulations 2001, it shall be lawful to take Stokell-smelt from the waters of quota management area 3 by using a whitebait net.

(1) No commercial fisher shall use for taking fish a box or teichi net, purse seine net, Danish seine net, trawl net, or lampara net within the following waters:

• (a) Le Bon's Bay: all those waters of Le Bon's Bay, Banks Peninsula, lying inside a straight line drawn from the northeasternmost extremity of Steep Head (at 43°44.30′S and 173°07.45′E) to the easternmost extremity of Katawa Head (at 43°43.85′S and 173°07.0′E):

• (b) Akaroa Harbour: all those waters of Akaroa Harbour lying inside a straight line drawn from the southeasternmost extremity of Timutimu Head (otherwise known as Iron Head) (at 43°53.98′S and 172°56.95′E) to the southernmost extremity of Te Ruahine Point (at 43°53.37′S and 172°58.15′E):

• (c) Timaru Harbour: all those waters of Timaru Harbour enclosed within an area commencing at the eastern tip of the Outer North Mole at a point (at 44°23.28′S and 171°15.70′E) across to the northern tip of the Eastern Extension Mole at a point (at 44°23.29′S and 171°16.06′E):

• (d) Oamaru Harbour: all those waters of Oamaru Harbour enclosed within an area commencing from the easternmost point of the North Mole/Holmes Wharf at a point (at 45°06.46′S and 170°58.68′E), across to the northern tip of the Breakwater at a point (at 45°06.44′S and 170°58.83′E):

• (e) Otago Harbour: all those waters of Otago Harbour lying generally south-east of a line from the northeastern end of the Mole commencing at a point (at 45°46.34′S and 170°43.19′E) across to Taiaroa Head at a point (at 45°46.45′S and 170°43.69′E).

(1A) A commercial fisher must not use set nets of a total length in excess of 1 000 m in the waters referred to in subclause (1)(e).

(2) No commercial fisher shall set any net within 60 metres of any other net within the waters defined in subclause (1) of this regulation.

(1) Subject to regulation 3(3) and to subclauses (4) and (5), no commercial fisher shall leave a set net in the South-East Fishery Management Area for more than 24 hours without underrunning the net and removing any fish that have been caught.

(2) Notwithstanding subclause (1) of this regulation, a commercial fisher may, during the period commencing on the 1st day of October in any year and ending with the 31st day of December in that year (both days inclusive), place a set net in the waters described in subclause (3) of this regulation for 48 hours:

(3) The waters referred to in subclause (2) of this regulation (known as Banks) are those waters contained within an area commencing at the mouth of the Waiau River (at 42°46.90′S and 173°22.30′E), then proceeding on a true bearing of 117° to a point at 42°54.40′S and 173°42.50′E, then proceeding on a true bearing of 170° to a point at 43°58.20′S and 173°57.90′E, then proceeding on the true bearing of 235° to a point at 44°37.20′S and 172°41.0′E, then proceeding on a true bearing of 335° to the shore at the mouth of the Rakaia River (at 43°53.80′S and 172°13.0′E), then proceeding generally in a northerly direction along the mean high water mark to the point of commencement.

(4) This regulation applies only to the waters described in subclause (3) that are not contained within the area defined in regulation 5AAC.

(5) However, this regulation also applies to the waters contained within the area defined in regulation 5AAD, but only—

• (a) during the period commencing on 1 April in each year and ending on 30 September in that year; and

• (b) if a flatfish set net is used.

(1) A commercial fisher who uses a set net in East Otago taiapure must, at all times, remain in the immediate vicinity of the set net.

(1A) Subclause (1) does not authorise the use of a set net in any part of the East Otago taiapure that is within an area defined in regulation 5AAC.

(2) [Revoked]

No commercial fisher shall use a trawl net in any of the following areas:

• (a) Pegasus Bay: the waters of Pegasus Bay lying inside straight lines drawn from the north bank of the mouth of the Waimakariri River (at 43º23.20′S and 172º42.60′E); then to Godley Head lighthouse (at 43º35.20′S and 172º48.50′E); then to Beacon Rock (at 43º36.11′S and 172º51.71′E); then to Wakaroa Point (at 43º37.32′S and 172º55.93′E); then to Otohuao Head (at 43º37.95′S and 172º58.68′E); then to Long Lookout Point (at 43º39.10′S and 173º02.90′E); then to East Head at Okains Bay (at 43º40.94′S and 173º05.27′E):

• (b) [Revoked]

• (c) [Revoked]

• (d) Wharekauri Island and Pitt Island in the Chatham Islands: the waters of Petre Bay lying inside a straight line drawn from Somes Point (at 43°50.4′S and 176°53.2′W) to Durham Point (at 44°00.6′S and 176°41.0′W); and the waters of Hanson Bay lying inside a straight line drawn from Okawa Point (sometimes known as Waikeri Point) (at 43°46.3′S and 176°14.2′W) to Manukau Point (at 44°02.1′S and 176°19.6′W), and all those waters lying within 3 nautical miles of the mean high-water mark of the shore of Wharekauri Island and Pitt Island.

No commercial fisher shall use any New Zealand fishing vessel over 46 m in overall length for trawling at any time in those waters enclosed by a line commencing at a point 45°53.0′S and 171°02.2′E; then proceeding in a generally northeasterly direction to a point 44°19.2′S and 172°58.75′E; then proceeding in a generally northeasterly direction along a line every point of which is 13 nautical miles seawards of the outer limits of the territorial sea to latitude 42°10′S; then proceeding due west along latitude 42°10′S to the outer limits of the territorial sea; then proceeding in a generally southwesterly direction along the outer limits of the territorial sea to the point of commencement.

(1) Except as provided in subclause (2), no commercial fisher may, at any time in the period commencing on 7 December in any year and ending on 14 February in the following year (both dates inclusive), use for trawling in the salmon conservation area any New Zealand fishing vessel that—

• (a) is 23 metres or more in overall length; or

• (b) has a power rating of 250 kw or more.

(2) The registered fishing vessels Austro Carina, Explorer Douglas, Galatea II, Hans, Ikawai, Ocean Pioneer, Resolution II, and Tengawai may be used for trawling in the salmon conservation area during the period specified in subclause (1) of this regulation.

(3) [Revoked]

(4) Notwithstanding subclause (2) of this regulation, where any vessel specified in that subclause is for any reason unable to be used and is withdrawn from use, a vessel that is not greater in size or engine capacity may, with the approval of the chief executive, be used in place of the vessel withdrawn from use (in this regulation referred to as the replacement vessel), and the following provisions shall apply:

• (a) seven days' notice of the replacement of a vessel shall be given to the chief executive:

• (b) the chief executive may, after consultation with all the persons in charge of the other vessels specified in subclause (2) of this regulation, the New Zealand Salmon Anglers Association Incorporated, the New Zealand Sports Goods Association Incorporated, the North Canterbury Fish and Game Council, and the Central South Island Fish and Game Council, approve a replacement vessel that is greater in size or engine capacity or both than the vessel being withdrawn from use.

(5) For the purposes of this regulation, the salmon conservation area is the waters adjacent to Banks Peninsula enclosed by a line commencing at East Head, Okains Bay (at 43°41.05′S and 173°05.20′E); then proceeding on a true bearing of 045° to a point 43°36.08′S and 173°12.14′E; then proceeding generally in a southerly direction along a line every point of which is 7 nautical miles seaward of the high-water mark of Banks Peninsula to a point 44°00.50′S and 172°58.70′E; then proceeding due north to Akaroa Head (as 43°53.50′S and 172°58.70′E), then proceeding generally in a northerly direction along the mean high-water mark to the point of commencement.

(1) No person may use a trawl net for fishing in any closed seamount area.

(2) In this regulation, closed seamount area means all waters within the following areas:

• (a) the area located in fisheries management area 3 that is bounded by—

  • (i) the latitudes 44°31′S and 44°33′S; and

  • (ii) the longitudes 175°40′E and 175°44′E:

• (b) the area located in fisheries management area 4 that is bounded by—

  • (i) the latitudes 42°42′S and 42°44′S; and

  • (ii) the longitudes 179°56′W and 179°59′W:

• (c) the area located in fisheries management area 4 that is bounded by—

  • (i) the latitudes 42°42′S and 42°45′S; and

  • (ii) the longitudes 179°51′W and 179°55′W:

• (d) the area located in fisheries management area 4 that is bounded by—

  • (i) the latitudes 44°11'S and 44°07'S; and

  • (ii) the longitudes 174°48'W and 174°39'W:

• (e) the area located in fisheries management area 4 that is bounded by—

  • (i) the latitudes 44°33′S and 44°56′S; and

  • (ii) the longitudes 173°57′W and 174°25′W.

(1) No commercial fisher shall use a trawl net during the period commencing with the 1st day of January in any year and ending with the 30th day of April (both days inclusive) in the same year in the waters lying within 1 nautical mile seawards in any direction from the mouth or mouths of the following rivers:

• (a) the Waiau, the northernmost limit of the closure being a point on the coast at 42°44.8′S and 173°23.6′E and the southern limit at a point on the coast at 42°48.0′S and 173°22.0′E:

• (b) the Hurunui, the northernmost limit of the closure being a point on the coast at 42°54.0′S and 173°18.0′E and the southern limit at a point on the coast at 42°55.7′S and 173°16.0′E:

• (c) the Waimakariri, the northernmost limit of the closure being a point on the coast at 43°22.5′S and 172°42.5′E and the southern limit at a point on the coast at 43°24.8′S and 172°42.9′E:

• (d) the Rakaia, the northernmost limit of the closure being a point on the coast at 43°53.6′S and 172°14.0′E and the southern limit at a point on the coast at 43°54.2′S and 172°11.4′E:

• (e) the Ashburton/Hakatere, the northernmost limit of the closure being a point on the coast at 44°02.7′S and 171°49.5′E and the southern limit at a point on the coast at 44°04.0′S and 171°46.9′E:

• (f) the Rangitata, the northernmost limit of the closure being a point on the coast at 44°10.8′S and 171°31.6′E and the southern limit at a point on the coast at 44°12.0′S and 171°29.2′E:

• (g) the Orari, the northernmost limit of the closure being a point on the coast at 44°13.9′S and 171°25.8′E and the southern limit at a point on the coast at 44°15.2′S and 171°23.4′E:

• (h) the Opihi, the northernmost limit of the closure being a point on the coast at 44°16.3′S and 171°22.0′E and the southern limit at a point on the coast at 44°17.9′S and 171°19.9′E:

• (i) the Waitaki, the northernmost limit of the closure being a point on the coast at 44°55.5′S and 171°09.0′E and the southern limit at a point on the coast at 44°57.6′S and 171°07.7′E.

(2) [Revoked]

(3) [Revoked]

(4) No commercial fisher shall use a set net in the following waters:

• (a) Upper Otago Harbour: all those waters of the upper harbour which lie to the north and west of a line from Burns Point (at 45°53.20′S and 170°31.60′E) to a point on the low tide training wall (at 45°52.62′S and 170°31.70′E); then generally in a north easterly direction along the low tide training wall to a point (at 45°50.18′S and 170°36.08′E); then to Kilgour Point (at 45°49.96′S and 170°36.15′E):

• (b) Port Chalmers: all those waters in the lower harbour in the vicinity of Port Chalmers which lie to the west of a line from Back Beach Point (at 45°49.21′S and 170°37.67′E), to a beacon (at 45°49.26′S and 170°37.92′E); then to the shore at Rocky Point (at 45°48.35′S and 170°37.70′E):

• (c) [Revoked]

• (d) [Revoked]

• (e) Catlins Lake: all of those waters of the Catlins Lake and tributaries running into the Catlins Lake that lie upstream of the main road bridge commencing at a point (at 46°28.50′S and 169°45.60′E); then in a southerly direction to 46°28.60′S and 169°45.60′E.

(1) A commercial fisher must not use a trawl net for fishing in the waters lying within an area bounded by a line that—

• (1) commences from Clarence Point (at 42°10.00′S and 173°56.00′E); and

• (2) then follows a line in a generally southerly direction by the mean high-water mark to the north bank of the Waiau River mouth (at 42°45.81′S and 173°23.03′E); and

• (3) then proceeds in a straight line to the south bank of the Waiau River mouth (at 42°47.08′S and 173°22.33′E); and

• (4) then follows a line in a generally southerly direction by the mean high-water mark to the north bank of the Hurunui River mouth (at 42°54.07′S and 173°17.67′E); and

• (5) then proceeds in a straight line to the south bank of the Hurunui River mouth (at 42°54.75′S and 173°16.82′E); and

• (6) then follows a line in a generally southerly direction by the mean high-water mark to the north bank of the Waimakariri River mouth (at 43°23.29′S and 172°42.54′E); and

• (7) then proceeds in a straight line to the south bank of the Waimakariri River mouth (at 43°23.50′S and 172°42.54′E); and

• (7A) then follows a line in a generally southerly direction by the mean high-water mark to the northern side of the estuary of the Heathcote and Avon Rivers Ihutai (at 43°33.69′S and 172°44.97′E); and

• (7B) then proceeds in a straight line to the southern side of the estuary of the Heathcote and Avon Rivers Ihutai (at 43°33.84′S and 172°44.97′E); and

• (8) then follows a line in a generally southerly direction by the mean high-water mark to the north bank of the Waitaki River mouth (at 44°55.50′S and 171°09.00′E); and

• (9) then proceeds in a straight line to the south bank of the Waitaki River mouth (at 44°57.60′S and 171°07.70′E); and

• (10) then follows a line in a generally southerly direction by the mean high-water mark to the north bank of the Shag River north head (at 45°28.72′S and 170°49.01′E); and

• (11) then proceeds in a straight line to the Shag River south head (at 45°28.83′S and 170°49.03′E); and

• (12) then follows a line in a generally southerly direction by the mean high-water mark to the Pleasant River north head (at 45°34.00′S and 170°43.67′E); and

• (13) then proceeds in a straight line to the Pleasant River south head (at 45°34.20′S and 170°43.67′E); and

• (14) then follows a line in a generally southerly direction by the mean high-water mark to the north head of the Waikouaiti River (at 45°38.39′S and 170°39.71′E); and

• (15) then proceeds in a straight line to the south head of the Waikouaiti River (at 45°38.48′S and 170°39.71′E); and

• (16) then follows a line in a generally southerly direction by the mean high-water mark to Warrington Spit, Blueskin Bay (at 45°43.73′S and 170°36.00′E); and

• (17) then proceeds in a straight line to the south head of Blueskin Bay (at 45°44.00′S and 170°36.00′E); and

• (18) then follows a line in a generally southerly direction by the mean high-water mark to the north-eastern end of the Otago Harbour mole (at 45°46.24′S and 170°43.20′E); and

• (19) then proceeds in a straight line to the southernmost point of the north bank of Taiaroa Head (at 45°46.35′S and 170°43.70′E); and

• (20) then follows a line in a generally southerly direction by the mean high-water mark to the northern head of Papanui Inlet (at 45°50.60′S and 170°43.82′E); and

• (21) then proceeds in a straight line to the southern head of Papanui Inlet (at 45°50.88′S and 170°43.82′E); and

• (22) then follows a line in a generally southerly direction by the mean high-water mark to the east side of Hoopers Inlet (at 45°52.78′S and 170°40.92′E); and

• (23) then proceeds in a straight line to the west side of Hoopers Inlet (at 45°52.87′S and 170°40.65′E); and

• (24) then follows a line in a generally southerly direction by the mean high-water mark to the north bank of the Taieri River (at 46°03.08′S and 170°11.92′E); and

• (25) then proceeds in a straight line to the Taieri River south bank (at 46°03.37′S and 170°11.92′E); and

• (26) then follows a line in a generally southerly direction by the mean high-water mark to the north bank of the Catlins Lake (at 46°28.67′S and 169°43.13′E); and

• (27) then proceeds in a straight line to the south bank of Catlins Lake (at 46°29.18′S and 169°43.13′E); and

• (28) then follows a line in a generally southerly direction by the mean high-water mark to the north bank of the Fleming River (at 46°35.88′S and 169°25.57′E); and

• (29) then proceeds in a straight line to the southern bank of the Fleming River (at 46°36.03′S and 169°25.82′E); and

• (30) then follows a line in a generally southerly direction by the mean high-water mark to the north bank of the Waipati River mouth ( at 46°37.13′S and 169°21.23′E); and

• (31) then proceeds in a straight line to the southern bank of the Waipati River mouth (at 46°37.29′S and 169°21.23′E); and

• (32) then follows a line in a generally southerly direction by the mean high-water mark to the east head of Waikawa Harbour (at 46°38.09′S and 169°09.05′E); and

• (33) then proceeds in a straight line to the west head of Waikawa Harbour (at 46°38.41′S and 169°08.31′E); and

• (34) then follows a line in a generally southerly direction by the mean high-water mark to the eastern side of Haldane Estuary (at 46°39.52′S and 169°02.37′E); and

• (35) then proceeds in a straight line to the western side of Haldane Estuary (at 46°39.78′S and 169°01.43′E); and

• (36) then follows a line in a generally southerly direction by the mean high-water mark to Slope Point (at 46°40.50′S and 169°00.00′E); and

• (37) then proceeds for 2 nautical miles in a south-easterly direction to a point on the South-East Fishery Management Area boundary (at 46°42.32′S and 169°01.68′E); and

• (38) then proceeds in a generally northerly direction at a distance of 2 nautical miles from the mean high-water mark to a point on the South-East Fishery Management Area boundary, 2 nautical miles east of Clarence Point (at 42°10.00′S and 173°59.06′E; and

• (39) then proceeds west to the point of commencement at Clarence Point (at 42°10.00′S and 173°56.00′E).

(1A) A commercial fisher must not use a trawl net for fishing in the waters of the estuary of the Heathcote and Avon Rivers Ihutai, which are all the waters lying within an area extending landward of a straight line joining the northern side of the estuary of the Heathcote and Avon Rivers Ihutai (at 43°33.69′S and 172°44.97′E) and the southern side of the estuary of the Heathcote and Avon Rivers Ihutai (at 43°33.84′S and 172°44.97′E).

(2) For the purposes of the area defined in subclause (1), a straight line joining the mean high-water marks at each side of the natural entrance points of a river mouth, must be treated as the inner boundary of that area if it extends seawards or as the outer boundary of that area if it extends landwards, except in the case of any rivers where specific co-ordinates are provided.

(3) This regulation is subject to regulation 5AAB.

Despite regulation 5AAA, a commercial fisher may use a low headline-height trawl net in the area defined in that regulation.

(1) A commercial fisher must not use a set net for fishing in the waters lying within an area bounded by a line that—

• (1) extends from Clarence Point (at 42°10.00′S and 173°56.00′E); and

• (2) then proceeds in a southerly direction by the mean high-water mark to the north bank of the Waiau River mouth (at 42°45.81′S and 173°23.03′E); and

• (3) then proceeds in a straight line to the south bank of the Waiau River mouth (at 42°47.08′S and 173°22.33′E); and

• (4) then proceeds in a southerly direction by the mean high-water mark to the north bank of the Hurunui River mouth (at 42°54.07′S and 173°17.67′E); and

• (5) then proceeds in a straight line to the south bank of the Hurunui River mouth (at 42°54.75′S and 173°16.82′E); and

• (6) then proceeds in a southerly direction by the mean high-water mark to the north bank of the Ashley River (at 43°14.68′S and 172°44.10′E); and

• (7) then proceeds in a straight line to the south bank of the Ashley River (at 43°16.65′S and 172°43.41′E); and

• (8) then follows in a southerly direction by the mean high-water mark to the north bank of the Waimakariri River mouth (at 43°23.29′S and 172°42.54′E); and

• (9) then proceeds in a straight line to the south bank of the Waimakariri River mouth (at 43°23.50′S and 172°42.54′E); and

• (9A) then follows a line in a generally southerly direction by the mean high-water mark to the northern side of the estuary of the Heathcote and Avon Rivers Ihutai (at 43°33.69′S and 172°44.97′E); and

• (9B) then proceeds in a straight line to the southern side of the estuary of the Heathcote and Avon Rivers Ihutai (at 43°33.84′S and 172°44.97′E); and

• (10) then follows in a southerly direction by the mean high-water mark to the north bank of the Waitaki River mouth (at 44°55.50′S and 171°09.00′E); and

• (11) then proceeds in a straight line to the south bank of the Waitaki River mouth (at 44°57.60′S and 171°07.70′E); and

• (12) then proceeds in a southerly direction by the mean high-water mark to the north head of the Shag River (at 45°28.72′S and 170°49.01′E); and

• (13) then follows a straight line to the south head of the Shag River (at 45°28.83′S and 170°49.03′E); and

• (14) then proceeds in a southerly direction by the mean high-water mark to the north head of the Pleasant River (at 45°34.00′S and 170°43.67′E); and

• (15) then proceeds in a straight line to the south head of the Pleasant River (at 45°34.20′S and 170°43.67′E); and

• (16) then proceeds in a southerly direction by the mean high-water mark to the north head of the Waikouaiti River (at 45°38.39′S and 170°39.71′E); and

• (17) then proceeds in a straight line to the south head of the Waikouaiti River (at 45°38.48′S and 170°39.71′E); and

• (18) then proceeds in a southerly direction by the mean high-water mark to Warrington Spit, Blueskin Bay (at 45°43.73′S and 170°36.00′E); and

• (19) then proceeds in a straight line to the south head of Blueskin Bay (at 45°44.00′S and 170°36.00′E); and

• (20) then proceeds in a southerly direction by the mean high-water mark to the west head of Purakaunui Inlet (at 45°44.06′S and 170°37.05′E); and

• (21) then proceeds in a straight line to the east head of Purakaunui Inlet (at 45°44.06′S and 170°37.72′E); and

• (22) then proceeds in a southerly direction along the mean high-water mark to the north-eastern end of the Otago Harbour mole (at 45°46.24′S and 170°43.20′E); and

• (23) then proceeds in a straight line to a point (at 45°46.32′S and 170°43.54′E); and

• (24) then proceeds in a south-westerly direction to a point (at 45°46.43′S and 170°43.21′E); and

• (25) then proceeds due south to a point (at 45°47.10′S and 170°43.21′E); and

• (26) then proceeds due east to Harrington Point (at 45°47.10′S and 170°43.51′E); and

• (27) then proceeds in a southerly direction by the mean high-water mark to the northern head of Papanui Inlet (at 45°50.60′S and 170°43.82′E); and

• (28) then proceeds in a straight line to the southern head of Papanui Inlet (at 45°50.88′S and 170°43.82′E); and

• (29) then proceeds in a southerly direction along the mean high-water mark to the east head of Hoopers Inlet (at 45°52.78′S and 170°40.92′E); and

• (30) then proceeds in a straight line to the west head of Hoopers Inlet (at 45°52.87′S and 170°40.65′E); and

• (31) then proceeds in a southerly direction by the mean high-water mark to the Taieri River north bank (at 46°03.08′S and 170°11.92′E); and

• (32) then proceeds in a straight line to the Taieri River south bank (at 46°03.37′S and 170°11.92′E); and

• (33) then follows a line in a generally southerly direction by the mean high-water mark to the northern bank of Catlins Lake (at 46°28.67′S and 169°43.13′E); and

• (34) then proceeds in a straight line to the south bank of Catlins Lake (at 46°29.18′S and 169°43.13′E); and

• (35) then proceeds in a southerly direction by the mean high-water mark to the northern bank of the Fleming River (at 46°35.88′S and 169°25.57′E); and

• (36) then proceeds in a straight line to the southern bank of the Fleming River (at 46°36.03′S and 169°25.82′E); and

• (37) then proceeds in a southerly direction by the mean high-water mark to the northern bank of the Waipati River mouth (at 46°37.13′S and 169°21.23′E); and

• (38) then proceeds in a straight line to the southern bank of the Waipati River mouth (at 46°37.29′S and 169°21.23′E); and

• (39) then proceeds in a southerly direction by the mean high-water mark to the east head of Waikawa Harbour (at 46°38.09′S and 169°09.05′E); and

• (40) then proceeds in a straight line to the west head of Waikawa Harbour (at 46°38.41′S and 169°08.31′E); and

• (41) then proceeds in a southerly direction by the mean high-water mark to the eastern side of the Haldane Estuary (at 46°39.52′S and 169°02.37′E); and

• (42) then proceeds in a straight line to the western side of Haldane Estuary (at 46°39.78′S and 169°01.43′E); and

• (43) then proceeds in a southerly direction by the mean high-water mark to Slope Point (at 46°40.50′S and 169°00.00′E); and

• (44) then proceeds 4 nautical miles in a south-easterly direction along the South-East Fishery Management Area boundary to a point (at 46°44.36′S and 169°03.57′E); and

• (45) then proceeds in a northerly direction at a distance of 4 nautical miles from the mean high-water mark to a point (at 42°42.00′S and 173°31.12′E); and

• (46) then proceeds in a northerly direction to a point (at 42°29.02′S and 173°33.50′E); and

• (47) then proceeds in a north-easterly direction to a point (at 42°26.49′S and 173°37.28′E); and

• (48) then proceeds in a south-easterly direction to a point (at 42°27.56′S and 173°44.10′E); and

• (49) then proceeds in a straight line to a point 4 nautical miles east of Clarence Point (at 42°10.00′S and 174°01.74′E); and

• (50) then proceeds due west to the point of commencement at Clarence Point (at 42°10.00′S and 173°56.00′E).

(1A) A commercial fisher must not use a set net for fishing in the waters of the estuary of the Heathcote and Avon Rivers Ihutai, which are all the waters lying within an area extending landward of a straight line joining the northern side of the estuary of the Heathcote and Avon Rivers Ihutai (at 43°33.69′S and 172°44.97′E) and the southern side of the estuary of the Heathcote and Avon Rivers Ihutai (at 43°33.84′S and 172°44.97′E).

(2) For the purposes of the area defined in subclause (1), a straight line joining the mean high-water marks at each side of the natural entrance points of a river mouth must be treated as the inner boundary of that area if it extends seawards or as the outer boundary of that area if it extends landwards, except in the case of any rivers where specific co-ordinates are provided.

(3) This regulation is subject to regulation 5AAD.

(1) Despite regulation 5AAC, a commercial fisher may, during the period commencing on 1 April in each year and ending on 30 September in that year (both days inclusive), use a flatfish set net in the waters described in subclause (2).

(2) The waters referred to in subclause (1) are—

• (a) Inner Akaroa Harbour: that part of the Akaroa Harbour lying within a straight line drawn between Ohae Cliff (at 43°48.14′S and 172°55.31′E) and Green Point (at 43°48.91′S and 172°56.94′E); and

• (b) Inner Lyttelton Harbour: that part of the inner Lyttelton Harbour lying within a straight line drawn between Rapaki South (at 43°36.81′S and 172°40.35′E) to Quail Island North (at 43°37.37′S and 172°41.51′E), then in a south-easterly direction along the mean high-water mark of Quail Island to Quail Island Jetty (at 43°37.83′S and 172°41.99′E), then in a straight line to Hays Bay Western Point (at 43°38.14′S and 172°42.63′E); and

• (c) Inner Port Levy: that part of Port Levy lying within a straight line drawn between Kaitara Wharf (at 43°38.84′S and 172°49.19′E) and Puari Jetty (at 43°38.87′S and 172°50.19′E); and

• (d) Inner Pigeon Bay: that part of Pigeon Bay lying within a straight line drawn between a westerly point (at 43°40.13′S and 172°53.39′E) and an easterly point (at 43°40.18′S and 172°54.33′E).

No commercial fisher shall use a drag net in the waters described in regulation 5(4)(e) of these regulations.

No commercial fisher shall take any fish from, or have in possession any fish taken from, the following waters:

• Pitt Island

• (a) Flower Pot: all those waters enclosed within an area commencing at the breakwater (at 44°14.38′S and 176°14.48′W); then due north for 100 metres to a point at 44°14.32′S and 176°14.48′W; then in a westerly direction at a distance of 100 metres from the high water mark to a point at 44°14.57′S and 176°15.85′W; then due south to the coast at a point 44°14.63′S and 176°15.85′W; then generally in an easterly direction along the high water mark to the point of commencement:

• (b) Waipaua: all those waters enclosed within an area commencing on the coast at a point at 44°18.49′S and 176°12.11′W; then due east for 100 metres to a point at 44°18.49′S and 176°12.03′W; then proceeding in a southerly direction at a distance of 100 metres from the high water mark to a point at 44°18.73′S and 176°11.88′W; then due west to the coast to a point at 44°18.73′S and 176°11.96′W; then generally in a northerly direction along the high water mark to the point of commencement:

• (c) Waihere: all those waters enclosed within an area commencing on the coast at a point at 44°16.57′S and 176°15.46′W; then due north for 100 metres to a point at 44°16.51′S and 176°15.46′W; then in an easterly direction at a distance of 100 metres from the high water mark to a point at 44°16.43′S and 176°14.89′W; then due south to the coast to a point at 44°16.49′S and 176°14.89′W; then generally in a westerly direction along the high water mark to the point of commencement:

• (d) Kahuitara: all of those waters enclosed within an area commencing on the coast at a point at 44°15.76′S and 176°09.93′W; then due north to a point at 44°15.70′S and 176°09.93′W; then in a generally easterly and southerly direction to a point at 44°16.11′S and 176°09.66′W; then due west to the coast at a point at 44°16.11′S and 176°09.74′W; then generally in a northerly and westerly direction along the high water mark to the point of commencement:

• Chatham Island

• (e) Waitangi: all those waters enclosed within an area commencing at the Waitangi wharf (at 43°56.73′S and 176°33.70′W); then on a bearing of 070° for 100 metres to a point at 43°56.71′S and 176°33.62′W; then in a north westerly direction at a distance of 100 metres from the high water mark to a point at 43°56.45′S and 176°34.02′W; then due south to Point Webb (at 43°56.51′S and 176°34.02′W); then generally in a south easterly direction along the high water mark to the point of commencement:

• (f) Whangamoe: all those waters enclosed within an area commencing on the coast at a point at 43°48.68′S and 176°41.15′W; then due east for 100 metres to a point at 43°48.68′S and 176°41.07′W; then in a northerly direction to a point at 43°48.63′S and 176°41.09′W; then in a north westerly direction at a distance of 100 metres from the high water mark to a point at 43°47.85′S and 176°41.15′W; then due north to the mouth of the creek at 43°47.89′S and 176°41.15′W; then generally in a southerly direction along the high water mark to the point of commencement:

• (g) Waitangi West: all those waters enclosed within an area commencing on the coast at a point at 43°47.22′S and 176°49.11′W; then on a bearing of 340° for 200 metres to a point at 43°47.10′S and 176°49.14′W; then in an easterly direction at a distance of 200 metres from the high water mark to a point at 43°46.56′S and 176°48.83′W; then on a bearing of 160° to the coast at a point at 43°47.08′S and 176°48.80′W; then generally in a westerly direction along the high water mark to the point of commencement:

• (h) Mairangi: all those waters enclosed within an area commencing on the coast at a point at 43°43.16′S and 176°38.15′W; then due west for 100 metres to a point at 43°43.16′S and 176°38.23′W; then in a southerly direction at a distance of 100 metres from the high water mark to a point at 43°43.27′S and 176°38.04′W; then due east to the mouth of Lake Waikauia (at 43°43.27′S and 176°37.96′W); then generally in a northerly direction along the mean high water mark to the point of commencement:

• (i) Wharekauri: all those waters enclosed within an area commencing on the coast at a point at 43°42.38′S and 176°34.78′W; then due north for 200 metres to a point at 43°42.26′S and 176°34.78′W; then in an easterly direction at a distance of 200 metres from the high water mark to a point at 43°42.39′S and 176°34.44′W; then due south to the beach at 43°42.51′S and 176°34.44′W; then generally in a westerly direction along the high water mark to the point of commencement:

• (j) Taupeka: all those waters enclosed within an area commencing at Taupeka point (at 43°43.24′S and 176°29.57′W); then on a bearing of 060° to a point at 43°43.18′S and 176°29.43′W; then in a southwesterly direction to a point on the coast at 43°44.02′S and 176°29.57′W; then generally in a northerly direction to the point of commencement:

• (k) Kaingaroa: all those waters enclosed within an area commencing at the inner edge of the Kaingaroa Harbour Wharf (at 43°43.92′S and 176°16.09′W); then on a bearing of 110° for 100 metres to a point at 43°43.94′S and 176°16.02′W; then in a northerly and westerly direction at a distance of 100 metres from the highwater mark to a point at 43°43.64′S and 176°16.44′W; then due south to the coast at a point at 43°43.70′S and 176°16.44′W); then generally in a southeasterly direction along the high water mark to the point of commencement:

• (l) Owenga: all those waters enclosed within an area commencing on the coast at a point at 44°01.35′S and 176°21.74′W; then due north for 100 metres to a point at 44°01.29′S and 176°21.74′W; then in an easterly and southerly direction at a distance of 100 metres from the high water mark to a point at 44°01.51′S and 176°21.10′W; then due west to the coast at a point at 44°01.51′S and 176°21.18′W; then generally in a northerly and westerly direction along the high water mark to the point of commencement:

• (m) Manukau: all those waters enclosed within an area commencing at Manukau Point (at 44°01.92′S and 176°19.59′W); then due east for 200 metres to a point at 44°01.92′S and 176°19.43′W; then in a southerly direction at a distance of 200 metres from the high water mark to a point at 44°02.38′S and 176°19.60′W; then due west to the coast to a point at 44°01.38′S and 176°19.76′W; then generally in a northerly direction along the high water mark to the point of commencement:

• (n) Karen Inlet: all those waters enclosed within an area commencing on the coast at a point at 43°59.89′S and 176°39.33′W; then on a bearing of 320° for 100 metres to a point at 43°59.85′S and 176°39.39′W; then in a north easterly direction at a distance of 100 metres from the high water mark to a point at 43°59.45′S and 176°38.80′W; then on a bearing of 140° to the coast at a point at 43°59.49′S and 176°38.74′W; then generally in a south westerly direction along the high water mark to the point of commencement.

• (o) Te Whanga Lagoon and its tributaries: all the waters of Te Whanga Lagoon and the rivers and streams flowing into the lagoon.

(1) Notwithstanding regulation 37(1) of the Fisheries (Commercial Fishing) Regulations 2001, but subject to regulation 41 of those regulations, a commercial fisher may take and be in possession of an undersize rock lobster or the tail of an undersize rock lobster provided that—

• (a) the lobster is taken from the Otago Concession Area during the period commencing with the 21st day of June in any year and ending with the 19th day of November in the same year (both days inclusive); and

• (b) the length of the tail of the lobster is not less than 127 mm; and

• (c) the fishing vessel used in taking the lobster is registered at Dunedin and domiciled at a port or place within the Otago Concession Area; and

• (d) the lobster is, or is to be, landed at that port or place of domicile; and

• (e) the lobster is, or is to be, delivered untailed and unprocessed to a licensed fish receiver's premises.

(2) [Revoked]

(3) In subclause (1) of this regulation, a reference to an undersize rock lobster is a reference to a rock lobster that is undersize according to the provisions of regulation 37 of the Fisheries (Commercial Fishing) Regulations 2001.

(4) [Revoked]

(1) No commercial fisher shall have on board any fishing vessel or use any rock lobster pot, unless the pot has at least 2 rectangular apertures (other than the mouth) through which undersize rock lobsters are able to escape.

(2) No escape aperture shall—

• (a) be incorporated in either the top or the bottom of any pot; or

• (b) have inside dimensions of less than 38 mm by 200 mm.

(3) Every rock lobster pot that is required to contain escape apertures shall be so constructed that—

• (a) escape apertures shall be contained in at least 2 opposite faces of the pot:

• (b) where the escape apertures are placed vertically, the total inside length of the escape aperture or apertures contained in any face of the pot shall not be less than 80 percent of the total height of the face of the pot in which the aperture or apertures are contained:

• (c) where placed other than vertically, the total inside length of the escape aperture or apertures contained in any face of the pot shall not be less than 80 percent of the total length of the face of the pot in which the aperture or apertures are contained.

(4) Notwithstanding anything in subclause (1) or subclause (3) of this regulation, no commercial fisher shall have on board any fishing vessel or use any round rock lobster pot, unless—

• (a) the pot contains at least 3 rectangular apertures (other than the mouth) through which undersize rock lobsters are able to escape; and

• (b) each aperture has inside dimensions of not less than 38mm by 200mm.

(5) This regulation does not prohibit the use or possession of rock lobster pots without escape apertures on board fishing vessels if—

• (a) the pots are constructed entirely of spot welded rectangular mesh with inside dimensions of not less than 140 mm long by 38 mm wide; and

• (b) the pots are used—

  • (i) without covers or liners; or

  • (ii) with covers or liners that leave unencumbered at least 80% of the surface area of each of 2 opposite sides.

(6) In this regulation, a reference to an undersize rock lobster is a reference to a rock lobster with a tail less than 127mm in length.

Notwithstanding regulation 37 of the Fisheries (Commercial Fishing) Regulations 2001, but subject to regulation 41 of those regulations, a person may sell or possess for sale or process for sale undersize rock lobster taken in accordance with regulation 6(1) of these regulations provided that—

• (a) no rock lobster is tailed or processed unless it is alive immediately before tailing or processing commences:

• (b) all tailing and processing is carried out in a licensed fish receiver's premises:

• (c) any rock lobster or rock lobster tail intended for export is packed in a container which is sealed under the direction of a Fishery Officer:

• (d) prior to the removal from the licensed fish receiver's premises of any container containing any rock lobster or rock lobster tail intended for export, the exporter of the rock lobster or rock lobster tail has, in writing, given the District Compliance Manager, Ministry of Fisheries, Dunedin, full particulars relating to the intended transport and storage of the rock lobster or rock lobster tail between the licensed fish receiver's premises and the ship or aircraft on which they are exported from New Zealand:

• (e) every rock lobster or rock lobster tail that is intended for sale in New Zealand is packed into a Consumer Pack.

Notwithstanding regulation 41(1)(g) of the Fisheries (Commercial Fishing) Regulations 2001, a rock lobster taken from the Otago Concession Area in accordance with regulation 6(1) of these regulations may be taken, possessed, processed, or sold, notwithstanding that the calcified bar or any part of the exoskeleton (the outer shell of the tail) of the second abdominal segment of the rock lobster is fractured, or that any part of any primary pleural spine of the second abdominal segment is broken, provided that the rock lobster is in such a state that its tail can be properly measured as required under these regulations.

No commercial fisher shall—

• (a) take any rock lobster from the waters of the Otago Concession Area; or

• (b) be in possession of any rock lobster taken from those waters; or

• (c) fish using any rock lobster pot in those waters—

during the period commencing on the 20th day of November in any year and ending with the 31st day of May in the next year (both days inclusive).

No commercial fisher shall—

• (a) take any rock lobster from the waters of the Otago Concession Buffer Zone; or

• (b) be in possession of any rock lobster taken from those waters; or

• (c) fish using any rock lobster pot in those waters.

No commercial fisher may—

• (a) take any rock lobster from the waters of the Chatham Islands rock lobster fishery during the months of March and April in any year; or

• (b) fish using any rock lobster pot in those waters during those months; or

• (c) be in possession of any rock lobster that is taken from those waters during those months.

Notwithstanding regulation 42 of the Fisheries (Commercial Fishing) Regulations 2001 or any other regulations made pursuant to the Fisheries Act 1983 or the Act relating to tailing of rock lobsters, it shall be lawful for the holder of a current southern rock lobster controlled fishery licence to tail at sea in the uncooked state any rock lobster lawfully taken from that part of the sea lying seaward of the mean high-water mark south of the Otago Concession Buffer Zone.

No commercial fisher shall take from, or have in possession, any shellfish (except rock lobsters, oysters, or crabs) taken from the following waters:

• (a) Waikouaiti Bay—the waters of Waikouaiti Bay enclosed by a straight line drawn from Cornish Head (at 45°37.3′S and 170°41.6′E) to Karitane Peninsula (at 45°38.6′S and 170°40.4′E):

• (b) Seacliff—all those waters lying within half a nautical mile seaward of the mean high-water mark between Brun's Point (at 45°40.6′S and 170°39′E) and Omini Point (at 45°41.7′S and 170°36.7′E):

• (c) Otago Harbour—all the waters of Otago Harbour enclosed by a straight line drawn from Heywards Point (at 45°45.4′S and 170°41.4′E) to Taiaroa Head (at 45°46.5′S and 170°43.6′E):

• (d) Otago Peninsula—all those waters lying within half a nautical mile seaward of the mean high-water mark between Cape Saunders Lighthouse (at 45°53′S and 170°43.8′E) and the point one nautical mile south of Brighton (at 45°57.5′S and 170°18.2′E):

• (e) Taieri River Mouth—all those waters lying within half a nautical mile seaward of the mean high-water mark between the point one nautical mile north of the Taieri River mouth at 46°02.5′S and 170°13.2′E, and the point one nautical mile south of the Taieri River mouth at 46°04.5′S and 170°12.3′E (including Taieri Island):

• (f) Tokomairiro River Mouth—all those waters lying within half a nautical mile seaward of the mean high-water mark between the point one nautical mile north of the Tokomairiro River mouth at 46°12.5′S and 170°03.5′E and the point one nautical mile south of the Tokomairiro River mouth at 46°13.6′S and 170°02′E:

• (g) Clutha River—all those waters lying within half a nautical mile seaward of the mean high-water mark between Newstead (at 46°19.45′S and 169°53′E) and Port Molyneaux School (at 46°22.3′S and 169°46.5′E).

(1) No commercial fisher shall take paua from more than one of the following quota management areas during the course of any fishing trip.

• (a) Quota management area PAU 5A—Fiordland: all New Zealand fisheries waters within the Southland Fishery Management Area enclosed by a line commencing at Awarua Point on the west coast of the South Island at 44°16′S and 168°03′E and proceeding due west to the outer boundary of the exclusive economic zone at a point at 44°16′S and 162°13′E; then proceeding in a generally southerly direction to a point 49°00′S and 161°28′E; then proceeding due east to a point at 49°00′S and 166°05′E; then proceeding in a generally north-easterly direction to the western bank of the Waiau River at 46°11.6′S and 167°36.85′E; then proceeding in a generally westerly and northerly direction along the mean high water mark to the point of commencement.

• (b) Quota management area PAU 5B—Stewart Island/Rakiura: all New Zealand fisheries waters within the South-East and Southland Fishery Management Areas enclosed by a line commencing at a point in Foveaux Strait at 46°25.7′S and 167°29.0′E; then proceeding in a generally south-easterly direction to a point on the boundary of the South-East Fishery Area at 47°41.8′S and 172°09.5′E and generally proceeding in a straight line to the point on the outer boundary of the Southland Fishery Management Area at 49°00′S and 169°00′E; then proceeding due west to a point at 49°00′S and 166°05′E; then proceeding in a generally north-easterly direction to the point of commencement;

• (c) Quota management area PAU 5D—Southland and Otago: all New Zealand fisheries waters within the South-East and Southland Fishery Management Area enclosed by a lne commencing at the Waitaki River south haed aero beacon at 44°56.3′S and 171°08′E and proceeding in a straight line to the South-East Fishery Management Area to a point at 46°55.1′S and 173°57.00′E; then proceeding in a south-westerly direction to a point at 47°41.8′S and 172°09.5′E; then proceeding in a north-westerly direction to a point in Foveaux Strait at 46°25.7′S and 167°29.00′E; then proceeding in a straight line to the western bank of the Waiau River mouth at 46°11.6′S and 167°36.85′E; then proceeding in a generally easterly and northerly direction along the mean high water mark to the point of commencement.

(2) No commercial fisher shall be in possession of paua taken in contravention of subclause (1) of this regulation.

(1) A commercial fisher must not use in the Chatham Islands shellfish fishery more than 2 dredges either of which has a bar or bit exceeding 2.5 metres in length.

(2) Nothing in regulation 78 of the Fisheries (Commercial Fishing) Regulations 2001 applies in relation to the use of dredges in the Chatham Islands shellfish fishery.

(1) Every master of a fishing vessel shall ensure that all paua—

• (a) taken from the waters of any quota management area referred to in regulation 10A of these regulations; and

• (b) either—

  • (i) held on board the vessel; or

  • (ii) landed from the vessel; or

  • (iii) transferred from the vessel to any other vessel—

  are held in a container that bears a label that complies with subclause (2) of this regulation.

(2) The label shall clearly and legibly state—

• (a) the name and registered number of the vessel from which the paua were taken; and

• (b) the date on which the paua were taken; and

• (c) the quota management area from which the paua were taken; and

• (d) the signature of the master of the vessel from which the paua were taken.

(1) No commercial fisher may, during the period 1 October 2010 to 30 September 2012 (both dates inclusive),—

• (a) take any paua from the Huriawa Peninsula area; or

• (b) possess any paua in the Huriawa Peninsula area; or

• (c) possess any paua that has been taken from the Huriawa Peninsula area.

(2) In this regulation, Huriawa Peninsula area means the area—

• (a) commencing at a point on the mean high-water mark (at 45°38.44′S and 170°39.81′E); and

• (b) then proceeding north-west to a point 50 m offshore (at 45°38.41′S and 170°39.80′E); and

• (c) then proceeding generally east then west around the Huriawa Peninsula along a line every point of which is 50 m from the mean high-water mark to a point offshore that is 50 m south of the mean high-water mark (at 45°38.57′S and 170°39.78′E); and

• (d) then proceeding north-west to a point (at 45°38.54′S and 170°39.77′E); and

• (e) then proceeding generally east then west along the mean high-water mark around the Huriawa Peninsula to the point of commencement.

(1) No commercial fisher may—

• (a) take any cockles from the East Otago taiapure; or

• (b) possess any cockles in the East Otago taiapure; or

• (c) possess any cockles that have been taken from the East Otago taiapure.

(2) Subclause (1) does not apply to the northern and southern sanitation areas.

(3) In this regulation,—

No commercial fisher shall take any black coral or any red coral from the waters of quota management area 3 or quota management area 4, or be in possession of any such coral if it has been taken from any of those waters.

No commercial fisher shall take any kina from any of the following waters, or be in possession of any kina if it has been taken from any of those waters:

• (a) Nugget Point to Kaka Point—all those waters lying within half a nautical mile seaward of the mean high water mark of that part of the coast between Nugget Point Lighthouse (at 46°27′S and 169°49′E) and Kaka Point (at 46°21.6′S and 169°46.9′E):

• (b) Cape Saunders to Taiaora Heads—all those waters lying within half a nautical mile seaward of the mean high water mark of that part of the coast between Cape Saunders Lighthouse (at 45°53′S and 170°43.8′E) and Taiaora Head Lighthouse (at 45°46.5′S and 170°43.6′E):

• (c) Shag River (Waihemo) to Moeraki Point—all those waters lying within half a nautical mile seaward of the mean high water mark of that part of the coast between Shag River (Waihemo) (at 45°30.4′S and 170°46.3′E) and Moeraki Point (at 45°21.5′S and 170°51.5′E):

• (d) Lookout Bluff to Waianakarua River—all those waters lying within half a nautical mile seaward of the mean high water mark of that part of the coast between Lookout Bluff (at 45°16.5′S and 170°51.5′E) and Waianakarua River (at 45°15′S and 170°46.3′E):

• (e) Bridge Point to All Day Bay—all those waters lying within half a nautical mile seaward of the mean high water mark of that part of the coast between Bridge Point (at 45°13.5′S and 170°53′E) and the southern end of All Day Bay (at 45°13.1′S and 170°53′E):

• (f) Cape Wanbrow to Oamaru Breakwater—all those waters lying within half a nautical mile seaward of the mean high water mark of that part of the coast between Cape Wanbrow (at 45°07.4′S and 170°59′E) and Oamaru Breakwater (at 45°06.7′S and 170°58.8′E).

(1) Where the chief executive is satisfied in respect of any fishing year that 500 tonnes of munida have been taken from the waters of quota management area 3, for the purpose of sale, the chief executive shall give public notice of that fact by such means as the chief executive considers appropriate, and shall specify in that notice a date (being a date later than the publication of the notice) after which no commercial fisher may take any munida from those waters during that fishing year.

(2) No commercial fisher shall take any munida from the waters of quota management area 3 during the period commencing on the 1st day of November in any year and ending with the close of the 31st day of January in the next year.

(1) No commercial fisher shall, at any time in the period commencing on the 1st day of January in any year and ending with the close of the 31st day of August in that year (both days inclusive), take any oyster from the waters of the Chatham Islands shellfish fishery.

(2) No commercial fisher shall be in possession of any oysters taken in contravention of subclause (1) of this regulation.

(3) Nothing in regulation 34 of the Fisheries (Commercial Fishing) Regulations 2001 shall apply in relation to the taking of oysters from the waters of the Chatham Islands shellfish fishery or to oysters taken from those waters.

(1) No commercial fisher shall dredge for scallops in the waters of quota management area 3 or quota management area 4 between the hours commencing at 8 p.m. on any day and ending at 6 a.m. on the next day.

(2) No commercial fisher shall use any tine on any dredge when dredging for scallops in quota management area 3 or quota management area 4.

(3) Nothing in subclause (2) of this regulation prevents a commercial fisher from using spring-loaded tines on a dredge when dredging for scallops in the Chatham Islands shellfish fishery.

(1) [Revoked]

(2) No commercial fisher shall take or be in possession of any queen scallop that has a shell of less than 50 mm in length.

(3) No commercial fisher shall take any queen scallop from the waters of quota management area 4, or be in possession of any queen scallop if it has been taken from those waters.

(1) No commercial fisher shall take from the waters of quota management area 3 or quota management 4 any paddle crab—

• (a) that is carrying any external eggs; or

• (b) from which any of the external eggs have been removed by artificial means; or

• (c) from which the egg-bearing appendages have been removed; or

• (d) that has a carapace width of less than 75 mm at its widest point.

(2) No commercial fisher shall be in possession of any such paddle crab if it has been taken from either of the waters referred to in subclause (1) of this regulation.

(1) No commercial fisher shall take any blue mussel, catseye, cockle, cooks turban, dog cockle, dredge oyster, green mussel, kina, king clam, limpet, longimactra, mud snail, pacific oyster, paua, pipi, rock oyster, sea egg (other than kina), sea slug, sea tulip, sponge, sunset, surf clam, tuatua, virgin paua, whelk, or venerupis from the waters of quota management area 3 or quota management area 4 by any method other than handgathering, unless that other method is specifically authorised by a fishing permit.

(2) No commercial fisher shall take any cancer crab, mudcrab, red rock crab, octopus, or hagfish from the waters of quota management area 3 or quota management area 4 by any methods other than handgathering or the use of a pot (not being a rock lobster pot), unless that method is specifically authorised by a fishing permit.

(3) No commercial fisher shall take any skate or ray, or spiny dogfish from the waters of quota management area 3 by any methods other than trawling or handlining, unless that method is specifically authorised by a fishing permit.

(4) No commercial fisher shall take any fish by means of trolling in those waters of quota management area 3 lying within 1 nautical mile of the mean high water mark of any land adjacent to the waters of that area.

(5) Nothing in subclause (2) of this regulation shall apply to any commercial fisher who is lawfully fishing for any rock lobster in either of those waters.

(1) No commercial fisher shall use any trawl net, set net, Danish seine net, purse seine net, or drag net to take any fish or aquatic life from the waters of quota management area 3 or quota management area 4, unless that method of netting is specifically authorised by a fishing permit held by that commercial fisher.

(2) No commercial fisher shall use any dredge to take any fish or aquatic life from the waters of quota management area 3 or quota management area 4, unless that method is specifically authorised by a fishing permit held by that commercial fisher.

(1) No commercial fisher shall use a fyke net to take any eel from the waters of any National Park within quota management area 3 or quota management area 4.

(2) For the purposes of this regulation, National Park means any area declared to be a National Park pursuant to the provisions of the National Parks Act 1980.

(1) No commercial fisher may—

• (a) take eels from—

  • (i) lake Forsyth (Wairewa); or

  • (ii) any river or stream that flows into Lake Forsyth (Wairewa); or

  • (iii) any tributary of any river or stream that flows into Lake Forsyth (Wairewa); or

  • (iv) the Wainono Lagoon or the Waihao River, including any river or stream that flows into or from the Wainono Lagoon or the Waihao River, or any tributary of any river or stream that flows into or from the Wainono Lagoon or the Waihao River; or

• (b) be in possession of any eel taken from those waters.

(2) No commercial fisher may—

• (a) take eels from those waters of Lake Ellesmere (Te Waihora) lying in a westerly direction from a straight line drawn due South from the site of a post on the north bank (at approximately 43°51.37′S and 172°22.28′E) to the site of a post on the south bank of the arm of Lake Ellesmere (Te Waihora) near Taumutu (at approximately 43°51.44′S and 172°22.25′E), nor from any streams flowing into those waters; or

• (b) be in possession of any eel taken from those waters.

(3) No commercial fisher may take from Lake Ellesmere (Te Waihora) any eel whose weight is less than the relevant minimum weight determined under subclause (4), or be in possession of such an eel.

(4) Notwithstanding regulation 31(5) of the Fisheries (Commercial Fishing) Regulations 2001, but subject to regulation 11O(2),—

• (a) in respect of the period of 12 months beginning on 30 September 1993, the minimum weight of any eel that may be taken from Lake Ellesmere (Te Waihora) by any commercial fisher is 140g:

• (b) thereafter, on the commencement of each succeeding 12-month period and in respect of that period, the minimum weight of any eel that may be taken from Lake Ellesmere (Te Waihora) by any commercial fisher is to be 10g more than the minimum weight in respect of the immediately preceding 12-month period, until the minimum weight reaches 220g, at which time the minimum weight remains fixed at that amount.

(5) Notwithstanding regulations 52 and 75 of the Fisheries (Commercial Fishing) Regulations 2001, no commercial fisher may use any fyke net to take eels from Lake Ellesmere (Te Waihora) unless there are incorporated behind the last trap or throat, and before the last part of the net capable of holding eels while in the water, 2 escapement tubes that are not less than 25mm in inside diameter, except that both ends of the tube may not be less than 29mm in inside diameter.

(6) Subclause (5) does not apply to the use of any fyke net in the male shortfinned eel migration area during the months of February and March.

(1) No commercial fisher may—

• (a) take any eel from the male shortfinned eel migration area during the months of April and May; or

• (b) be in possession of any eel so taken.

(2) No commercial fisher may—

• (a) take any eel whose weight exceeds 300g from the male shortfinned eel migration area during the months of February and March; or

• (b) be in possession of any eel so taken,—

and, notwithstanding regulation 11N(4), no minimum weight applies to any eel taken from that area during that period.

(3) No commercial fisher may take any eel from the waters of the male shortfinned eel migration area during the period referred to in subclause (2)—

• (a) without the consent of the chief executive, which consent may be given subject to such conditions as the chief executive may impose; and

• (b) otherwise than in accordance with any condition imposed by the chief executive in that consent.

(4) Notwithstanding regulation 21(3) of the Fisheries (Commercial Fishing) Regulations 1986 (as inserted by regulation 3 of the Fisheries (Commercial Fishing) Regulations 1986, Amendment No 2), a person may sell, possess for sale, or process for sale any eel that is less than the relevant length or weight specified in that regulation where the eel sold, possessed for sale, or processed for sale is taken and received lawfully in accordance with regulations 11N to 11P of these regulations.

(1) Every commercial fisher must ensure that every eel taken from Lake Ellesmere (Te Waihora) is landed or held in a container that is clearly and legibly labelled externally with all of the following:

• (a) the commercial fisher's initials and surname:

• (b) the number of the permit under which fishing is authorised:

• (c) the date or dates on which the eels were taken:

• (d) the area from which the eels were taken, showing either—

  • (i) “Ellesmere (Te Waihora) migration area” if the eels were taken from the male shortfinned eel migration area; or

  • (ii) “Ellesmere (Te Waihora)” if the eels were taken from any other part of Lake Ellesmere (Te Waihora).

• (e) the commercial fisher's signature.

(2) Every licensed fish receiver who receives eels taken from Lake Ellesmere (Te Waihora) must ensure that—

• (a) each commercial fisher's catch is kept separated and remains clearly labelled with the information required under subclause (1) until graded for processing; and

• (b) a declaration is provided by the commercial fisher the eels are received from, stating that the eels have been taken from Lake Ellesmere (Te Waihora) and, if applicable, from the male shortfinned eel migration area during the migration season, and is on or attached to the licensed fish receiver's copy of the unloading docket or purchase invoice issued in respect of that landing of eels.

No commercial fisher may—

• (a) take eels from—

  • (i) the waters of the Ahururi Arm of Lake Benmore, extending westward of a line drawn northeast from Turnagain Point to the south-westernmost part of the Peninsula lying to the north and east of Turnagain Island, including any river or stream or their tributaries that flow into that Arm,; or

  • (ii) the waters of the Rangitata Lagoon seaward of the Fish and Game New Zealand white marker posts situated at the upper estuarine area of the Rangitata Lagoon (north bank pole at 44°10.807′S and 171°30.299′E; south bank pole at 44°10.968′S and 171°29.874′E); or

• (b) be in possession of any eel taken from those waters.

(1) A person commits an offence and is liable on summary conviction to a fine not exceeding $20,000 if the person acts in contravention of, or fails to comply with, any of regulations 3(3), 3E, 3F, 4B(4), 7(e), 10AA, 11G, 11K, or 11P(1).

(2) A person commits an offence and is liable on summary conviction to a fine not exceeding $100,000 if the person acts in contravention of, or fails to comply with, any of regulations 2A, 2B, 2C, 3(1), (2), or (4), 3A, 3D, 4, 4A, 4B(1), 4C, 5, 5AAA, 5AAC, 5A, 5B, 6, 6A, 7(a) to (d), 7A, 8 to 8B, 10, 10A, 10B, 10BA, 10E, 11A, , 11D to 11F, 11H(2) and (3), 11J, 11L to 11O, 11P(2), or 11Q.

The following notices are hereby revoked:

• (a) the Fisheries (Dunedin Commercial Fishing Restrictions) Notice 1984, published in the Gazette of 1984 at page 577:

• (b) the Fisheries (Christchurch Commercial Fishing Restrictions) Notice 1985 (SR 1985/26):

• (c) the Fisheries (Chatham Islands Rock Lobster Closed Season) Notice 1985 (SR 1985/27).