Fisheries (South-East Area Commercial Fishing) Regulations 1986

Version as at 30 December 2022

Coat of Arms of New Zealand

Fisheries (South-East Area Commercial Fishing) Regulations 1986

(SR 1986/219)

Paul Reeves, Governor-General

Order in Council

At Wellington this 2nd day of September 1986

Present:
The Right Hon G W R Palmer presiding in Council

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

These regulations are administered by the Ministry for Primary Industries.

Pursuant to section 89 of the Fisheries Act 1983, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations.

Contents

1Title and commencement
2Interpretation
2AMaximum set net length in Lake Ellesmere (Te Waihora)
2BMinimum set net mesh size
2CMinimum net mesh for queen scallop trawling
Netting and trawling
3Netting restrictions in North Canterbury
3ACommercial use of surface nets
3BWhitebait net may be used to take Stokell-smelt
3CSet netting prohibited at southern end of Moeraki Peninsula [Revoked]
3DCertain fishing methods prohibited in defined areas
3ESet net soak times
3FProhibition on set nets in East Otago taiapure
4Trawling prohibited
4ATrawling by vessels over 46 m long prohibited in certain waters
4BProhibition on trawling by large vessels in salmon conservation area adjacent to Banks Peninsula
4CTrawling prohibited in certain seamount areas
5Prohibition on trawling in certain areas
5AAATrawl net fishing prohibited in certain area from Clarence Point to Slope Point
5AABExemption from prohibition in regulation 5AAA
5AACSet net fishing prohibited in certain area from Clarence Point to Slope Point
5AADExemption from prohibition in regulation 5AAC
5ADrag netting prohibited in Catlins River
5BFishing prohibited in defined areas around Chatham Island
Rock lobsters
6Special provisions relating to taking of rock lobster from quota management area CRA7
6AApertures to be incorporated in rock lobster pots
7Processing and sale of quota management area CRA7 rock lobster
7ATaking, possession, processing, and sale of certain rock lobster prohibited
8Closed season for rock lobster [Revoked]
8ARock lobster fishing prohibited in Otago Concession Buffer Zone [Revoked]
8BClosed season for Chatham Islands rock lobster fishery
9Tailing at sea permitted in specified area
Shellfish
10Restrictions on taking shellfish from parts of Otago coast
10ARestrictions on fishing in paua quota management areas
10ARestriction on taking cockles from Port Levy [Revoked]
10AAShellfish dredges
10BLabelling of containers for paua taken in any PAU 5 quota management area
10BAProhibition on taking or possessing paua from East Otago taiapure
10CMarking of blue cod pots and fish holding pots [Revoked]
10DRestriction on taking cockles from Port Levy [Revoked]
10ERestriction on taking cockles from the East Otago taiapure
Eeling
[Revoked]
11Taking eels from Lakes Forsyth and Ellesmere restricted [Revoked]
General prohibitions, restrictions, and quotas
11ATotally prohibited species
11AATargeting of certain fish, aquatic life, and seaweed prohibited, unless specially authorised [Revoked]
11ABSpecies that may be taken subject to competitive or individual quotas, method restrictions, etc [Revoked]
11BYellow-eyed mullet season and quotas [Revoked]
11CKina season and quotas [Revoked]
11DTaking of kina prohibited in certain areas
11EMunida season and quotas [Revoked]
11FRestrictions on taking oysters
11GProhibitions relating to dredging for scallops [Revoked]
11HQueen scallop season and quotas [Revoked]
11IPaddle crab season and quotas [Revoked]
11JTaking certain paddle crabs prohibited
11JAButterfish season and quotas [Revoked]
11JBSeaperch season and quotas [Revoked]
11JCSkate and ray season and quotas [Revoked]
11JDSpiny dogfish season and quotas [Revoked]
11KRestrictions on fishing methods
11LRestrictions on use of nets and dredges [Revoked]
11MTaking eels from waters of national parks restricted
11NTaking of eels restricted
11OEel fishing in male short-finned eel migration area between 1 February and 31 May
11PLabelling of eels taken from Lake Ellesmere (Te Waihora)
11QTaking of eels from Lake Benmore and Rangitata Lagoon restricted
11RProhibition on taking kelp from East Otago taiapure
12Offences
13Revocations
Gazette Information
Notes

Regulations

1 Title and commencement

(1)

These regulations may be cited as the Fisheries (South-East Area Commercial Fishing) Regulations 1986.

(2)

These regulations shall come into force on the 14th day after the date of their notification in the Gazette.

2 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

Act means the Fisheries Act 1996

black coral means a coelenterate of the order Antipatharia

blue moki means a fish of the species Latridopsis ciliaris

blue mussel means the shellfish Mytilus edulis aoteanus

butterfish means a fish of the species Odax pullus (commonly known as greenbone) or a fish of the species Odax cyanollix

cardinalfish means a fish of the species Epigonus telescopus, Howella brodiei, Rosenblattia robusta, or Epigonus lenimen

catseye means a shellfish of the genus Lunella spp.

Chatham Islands rock lobster fishery means the rock lobster fishery within all that area of New Zealand fisheries waters enclosed by a line commencing at the point 40°25′S and 178°W on the outer limits of the exclusive economic zone; then proceeding along the outer limits of the zone to the point 51°50′S and 174°35′E; then proceeding in a straight line to the point 50°55′S and 173°50′E; then proceeding along the outer limits of the zone to the point 48°15′S and 174°E; then proceeding in a straight line to the point of commencement

Chatham Islands shellfish fishery means the shellfish fishery within the following waters:

(a)

all those waters contained within Hanson Bay bounded by a line commencing at Okawa Point (at 43°46.2′S and 176°14.3′W); then proceeding in a south-south-westerly direction to Manukau Point (at 44°02.0′S and 176°19.6′W); then in a northerly direction along the mean high-water mark to the point of commencement:

(b)

all those waters contained within an area bounded by a line commencing at Okawa Point (at 43°46.2′S and 176°14.3′W); then in an easterly direction to a point which bisects the territorial sea (at 43°46.178′S and 175°54.905′W); then along the boundary of the territorial sea in a south-easterly and south-westerly direction to a point (at 44°02.000′S and 175°33.553′W); then due west to Manukau Point (at 44°02.0′S and 176°19.6′W); then along a straight line to the point of commencement:

(c)

all those waters contained within an area bounded by a line commencing at Manukau Point (at 44°02.0′S and 176°19.6′W); then due east along latitude 44°02.000′S to a point which bisects the territorial sea (at 44°02.0′S and 175°33.553′W); then along the boundary of the territorial sea in a southerly and westerly direction to a point (at 44°23.670′S and 176°37.8′W); then due north to Cape L’Eveque (at 44°07.1′S and 176°37.8′W); then in an easterly and northerly direction along the mean high-water mark to the point of commencement:

(d)

all those waters contained within an area bounded by a line commencing at Point Somes (at 43°50.325′S and 176°52.790′W); then due west to a point which bisects the territorial sea boundary (at 43°50.325′S and 177°13.793′W); then in a south-easterly direction along the boundary to a point (at 44°23.670′S and 176°37.8′W); then due north to Cape L’Eveque (at 44°07.1′S and 176°37.8′W); then in a northerly direction along the mean high-water mark to Point Durham (at 44°00.6′S and 176°40.7′W); then in a north-westerly direction to the point of commencement:

(e)

all those waters contained within an area bounded by a line commencing at Point Durham (at 40°00.6′S and 176°40.7′W); then proceeding along a line in a westerly direction to Point Somes (at 43°50.325′S and 176°52.790′W); then in an easterly, south-south-easterly and south-south-westerly direction along the mean high-water mark to the point of commencement:

(f)

all those waters contained within an area bounded by a line commencing at Somes Point (at 43°50.325′S and 176°52.790′W); then due west to a point which bisects the territorial sea boundary (at 43°50.325′S and 177°13.793′W); then in a northerly and easterly direction along the boundary of the territorial sea to a point (at 43°24.208′S and 176°37.6′W); then due south to Cape Young (at 43°41.710′S and 176°37.6′W); then in a southerly and westerly direction along the mean high-water mark to the point of commencement:

(g)

all those waters contained within an area bounded by a line commencing at Cape Young (at 43°41.710′S and 176°37.6′W); then due north to a point on the boundary of the territorial sea (at 43°24.208′S and 176°37.6′W); then along the boundary of the territorial sea in an easterly and southerly direction to a point (at 43°31.933′S and 176°20.9′W); then due south to Matarakau (at 43°44.1′S and 176°20.9′W); then in a westerly direction along the mean high-water mark to the point of commencement:

(h)

all those waters contained within an area bounded by a line commencing at Matarakau (at 43°44.1′S and 176°20.9′W); then due north to a point that intersects the boundary of the territorial sea (at 43°31.933′S and 176°20.9′W); then along the boundary of the territorial sea in an easterly and southerly direction to a point (at 43°46.178′S and 175°54.905′W); then in a westerly direction to Okawa Point (at 43°46.2′S and 176°14.3′W); then in a northerly and westerly direction along the mean high-water mark to the point of commencement

cockle means the mollusc Chione (Austrovenus) stutchburyi

cod-end means that end part of a net which is normally closed during fishing and is capable of holding fish while in the water; and includes, in respect of a net—

(a)

carried on a vessel not exceeding 10 m overall length, not less than the last 3 m of net:

(b)

carried on a vessel 10 m or more but less than 20 m overall length, not less than the last 5 m of net:

(c)

carried on a vessel 20 m or more but less than 30 m overall length, not less than the last 10 m of net:

(d)

carried on a vessel 30 m or more but less than 40 m overall length, not less than the last 15 m of net:

(e)

carried on a vessel 40  m or more overall length, not less than the last 20 m of net

commercial fisher means—

(a)

any person who takes any fish, aquatic life, or seaweed for the purposes of sale:

(b)

any person who is engaged in any capacity on a New Zealand fishing vessel:

(c)

any person who has a fishing permit issued under section 91 of the Fisheries Act 1996 entitling the person to take any species or class of fish, aquatic life, or seaweed

Cooks turban means the shellfish Cookia sulcata

Danish seine net means any net or part of a net (including any warp, rope, chain, material, or device used in conjunction with or attached to the net) that—

(a)

has a buoyancy system on the top edge; and

(b)

is weighted on the bottom edge; and

(c)

is operated, without the use of any horizontal net opening device, by surrounding any fish and being drawn over the bed of any waters, or through any waters, to 1 or more vessels

day means a period of 24 hours computed from midnight to midnight

deepwater crab includes Nectocarcinus, Jacquinotia edwardsii, family Lithodidae, Leptomithrax spp., and Paromola petterdi

dog cockle means the shellfish Glycymeris laticostata

dolphinfish means a fish of the species Coryphaena hippurus

drag net or beach seine net means any net or part of a net (including any warp, rope, chain, material, or device used in conjunction with, or attached to, the net) that—

(a)

has a buoyancy system on the top edge; and

(b)

is weighted on the bottom edge; and

(c)

is operated by surrounding any fish and being drawn over the bed of any waters or through any waters to the shore

dredge means a device towed on or over or capable of being towed on or over the seabed primarily for the collection of shellfish; and includes a box dredge or ring bag dredge

East Otago taiapure means the area described in the Schedule of the Fisheries (East Otago Taiapure) Order 1999

eel means the short-finned eel (Anguilla australis) and the long-finned eel (Anguilla dieffenbachii)

fishing trip means any period, during which fish are taken aboard or transferred to a vessel, that—

(a)

commences when the vessel—

(i)

leaves any place at which that vessel is moored or berthed or launched; or

(ii)

enters the exclusive economic zone through the seaward boundary; and

(b)

ends when the vessel—

(i)

returns from sea to a place at which the permit holder using the vessel is permitted to land fish and any fish are removed from the vessel or the vessel with the fish on board is removed from the water; or

(ii)

having been granted permission under section 110 of the Act, leaves the exclusive economic zone by its seaward boundary;—

and in relation to any permit holder during the period when the permit holder is not using or does not have the use of a vessel, or operates otherwise than from a vessel, means any period that commences when the permit holder begins to take fish under a permit and ends when the permit holder returns to a point of landing

flatfish set net means a net that—

(a)

is equal to or less than 9 meshes deep; and

(b)

has a monofilament diameter equal to or less than 0.35 mm; and

(c)

has a mesh size equal to or greater than 100 mm; and

(d)

is anchored at each end; and

(e)

does not exceed a total length of 60 m

flying fish means a fish of the family Exocoetidae

frostfish means a fish of the species Lepidopus caudatus

fyke net means any trap net (set with or without leaders or wings) with the trap section having single or multiple throats and supported by hoops or rings, with the leaders or the net being held in position by poles or anchoring devices or by both poles and anchoring devices

ghost shark means a fish of the species Hydrolagus novaezelandiae; and includes any other Hydrolagus spp.

green mussel means the shellfish Perna canaliculus

grey mullet means a fish of the species Mugil cephalus

hagfish means the common hagfish, or the blind eel that has the scientific name Eptatretus cirrhatus

hand-gathering includes shore picking, diving, hand digging for shellfish, and hand cutting of seaweed; but does not include diving using underwater breathing apparatus

hapuku/bass means a fish of the species Polyprion oxygeneios or Polyprion moene

hinaki trap means any trap capable of taking eels

horse mussel means the shellfish Atrina zelandica

jack mackerel means the fish that has the scientific name Trachurus spp.

kahawai means a fish of the species Arripis trutta

kina means an echinoderm of the species Evechinus chloroticus

king clam means a shellfish of the genus Panopea

length, unless otherwise specified, means—

(a)

in relation to any rock lobster tail, its length from the posterior side of the calcified bar on the under side of the first segment to the tip of the telson of the tail fan, measured, by using a measuring device, in a middle straight line along the under side or ventral side with the tail laid flat using no more pressure applied to the rock lobster tail or measuring device than will hold the pin of the measuring device against the posterior side of the first calcified bar and will cause the ventral surface of the tail to just touch the measuring device:

(b)

in relation to any finfish, its length from the tip of the nose to the posterior end of the middle ray of the tail fin:

(c)

in relation to any scallop or queen scallop, the greatest diameter of the shell:

(d)

in relation to any paua (including any virgin paua), the greatest overall length of the shell measured on a plane parallel to the ventral surface of the paua

licensed fish receiver means a holder of a fish receiver licence granted under the Fisheries (Licensed Fish Receivers) Regulations 1997

limpet means a shellfish of the genus Cellana or Notoacmea

longimactra means a shellfish of the species Longimactra elongata

low headline height trawl net means a trawl net that—

(a)

has been manufactured or modified with the intention of having a net opening with a vertical height of no more than 1 m; and

(b)

is fitted with a device (for example, a spreader bar, rope, or wire) that is no more than 1 m long on the wing-end to constrain the wing-end height to below 1 m; and

(c)

has buoyancy on the headline that does not exceed 60 kg

male short-finned eel migration area means those waters of Lake Ellesmere (Te Waihora) lying between a straight line drawn from the site of a marker pole situated at approximately 43°50.58′S and 172°24.94′E to the site of a marker pole situated at approximately 43°50.66′S and 172°22.06′E and a straight line drawn from the site of a marker pole situated at approximately 43°51.331′S and 172°22.278′E to the site of a marker pole situated at approximately 43°51.282′S and 172°22.277′E

measuring device in relation to the length of a rock lobster tail, means a device supplied by the chief executive and consisting of a rigid metal bar with a pin set in it

mud snail means the shellfish Amphibola crenata

munida means the crustacean Munida gregaria

net includes any net capable of being used to take fish; but does not include a whitebait net

New Zealand cancer crab means a crustacean of the species Cancer novaezelandiae

octopus means the shellfish Octopus maorum

open season means that period of a year not prescribed as a closed season

Otago Region means the Otago Region as constituted by the Local Government (Otago Region) Reorganisation Order 1989 (13 June 1989) 99 New Zealand Gazette 2408

otter board means any device, including a paravane, used or capable of being used to keep a net or a trawl net open

overall length means the length of a vessel measured by a straight middle line from the extreme forward end to the extreme aft end of the hull of the vessel

oyster includes the kinds of molluscs known as Saccostrea glomerata (formerly known as Crassostrea glomerata or Saxostrea glomerata) and Crassostrea gigas, commonly known as the rock oyster and Pacific oyster respectively; and Tiostrea chilensis (formerly known as Ostrea lutaria), commonly known as the dredge oyster

paddle crab means the crab that has the scientific name Ovalipes catharus

pair trawling means using a trawl net that is towed or hauled through the water by more than 1 vessel

paua includes ordinary paua (Haliotis iris) and yellow foot paua (Haliotis australis); but does not include virgin paua (Haliotis virginea)

pipi means the shellfish Paphies australis

place or port of registry, in relation to a registered fishing vessel, means the place or port at which the fishing vessel is registered pursuant to section 103 or section 105 of the Act

point of consumption means the point in time when a rock lobster or rock lobster tail is being prepared for consumption, and excludes any time the rock lobster or rock lobster tail is stored in a refrigerator or other storage device prior to being prepared for consumption

queen scallop means the mollusc Chlamys delicatula

quota management area CRA7 means quota management area CRA7—Otago as defined in Part 3 of Schedule 1 of the Fisheries Act 1996

red coral means a hydrocoral of the order Stylasterina

red rock crab means a crab of the species Plagusia carpense

ribaldo means a fish of the species Mora moro

ring net means a net that—

(a)

is operated from a vessel in the following manner:

(i)

a net is laid to surround (whether fully or partially) a school of fish; and

(ii)

once the fish are surrounded, a vessel or some other means is used to scare the fish into the net; and

(b)

has a buoyancy system on the top edge and is weighted on the bottom edge

rock lobster means the fish that has the scientific name Jasus edwardsii, commonly known as the spiny or red rock lobster

rock lobster pot means any pot, whether baited or not, which is capable of catching or holding rock lobsters; and includes any other device capable of catching, holding, or storing rock lobsters

scallop means the mollusc Pecten novaezelandiae

school shark means a fish of the species Galeorhinus australis

sea cucumber means a holothurian of the genus Stichopus

sea egg (other than kina) means an echinoderm of the species Centrostephanus rodgersii, commonly known as the purple urchin, or of the genus Pseudechinus

sea perch means a fish of the genus Helicolenus

sea slug means a shellfish of the species Aphysia dactylomela

sea tulip means the ascidian Pyura pachydermatina

set net includes a gill net, ring net, or any other sort of net which acts by enmeshing, entrapping, or entangling any fish; but which does not include a fyke net or a hinaki trap

short-finned eel means a fish of the species Anguilla australis

skate and ray means a skate of the genus Raja, Bathyraja, or Arhynchabotis or a ray of the genus Dasyatis, Myliobatis, Mobula, Torpedo or Typhlonarke

snapper means the fish that has the scientific name Chrysophrys auratus

spiny dogfish means a fish of the species Squalus acanthias

sponge means an animal of the phylum Porifera

squid means—

(a)

the shellfish, commonly known as arrow squid, that has the scientific name Nototodarus spp.; and

(b)

the shellfish, commonly known as broad squid, that has the scientific name Sepioteuthis bilineata

squid jigging means any type of fishing method for taking squid using a line

sunset means a shellfish of the genus Gari

surf clam means a shellfish of the genus Mactra, Spisula, Dosinia, or Basina, or of the species Paphies donacina

surrounding net includes a drag net, Danish seine net, drum seine net, purse seine net, lampara net, and all modes of fishing whereby fish are encircled

trawl net means any net or part of a net (including any warp, rope, chain, material, or device used in conjunction with or attached to the net) that—

(a)

has a buoyancy system on the top edge; and

(b)

is weighted on the bottom edge; and

(c)

is operated by being drawn over the bed of any waters or through any waters by 1 or more vessels underway—

but does not include a Danish seine net

trumpeter means a fish of the species Latris lineata

tuatua means the shellfish Paphies subtriangulata

venerupis means a shellfish of the genus Venerupis largillierti

virgin paua means the shellfish that has the scientific name Haliotis virginea

whelk means a shellfish of the genus Struthiolaria, Cominella, Haustrum, Buccinulum, Lepsiella, or Taron

whitebait net means any net, contrivance, instrument, or device used or capable of being used to take the fish commonly known as whitebait

yellow-eyed mullet means a fish of the species Aldrichetta forsteri, also known as herring.

(2)

In these regulations, a reference to a named quota management area is a reference to the area of that name as defined in Schedule 2 of the Fisheries (Quota Management Areas, Total Allowable Catches, and Catch Histories) Notice 1986 (SR 1986/267).

Regulation 2: substituted, on 26 September 1991, by regulation 2(1) of the Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 8 (SR 1991/163).

Regulation 2(1) Act: substituted, on 1 October 2001, by regulation 3(1) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) albacore tuna: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) anchovy: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) basking shark: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) bigeye tuna: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) black shark: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) blue moki: inserted, on 30 September 1993, by regulation 2(2) of the Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 14 (SR 1993/282).

Regulation 2(1) Chatham Islands shellfish fishery paragraph (b): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 2(1) Chatham Islands shellfish fishery paragraph (c): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 2(1) Chatham Islands shellfish fishery paragraph (d): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 2(1) Chatham Islands shellfish fishery paragraph (e): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 2(1) Chatham Islands shellfish fishery paragraph (f): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 2(1) Chatham Islands shellfish fishery paragraph (g): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 2(1) Chatham Islands shellfish fishery paragraph (h): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 2(1) commercial fisher: inserted, on 1 October 2001, by regulation 3(3) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) commercial fisherman: revoked, on 1 October 2001, by regulation 3(3) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) conger eel: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) consumer pack: revoked, on 1 October 2013, by regulation 4(1) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2013 (SR 2013/327).

Regulation 2(1) durvillea: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) East Otago taiapure: inserted, on 1 October 2010, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2010 (SR 2010/298).

Regulation 2(1) ecklonia radiata: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) fishing trip: inserted, on 1 October 1995, by section 8(2) of the Fisheries Amendment Act 1995 (1995 No 51).

Regulation 2(1) fishing trip paragraph (b)(ii): amended, on 1 October 2001, by regulation 3(4)(a) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) flatfish set net: inserted, on 1 October 2008, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/277).

Regulation 2(1) garfish: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) gracilaria: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) grey mullet: inserted, on 30 October 1993, by regulation 2 of the Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 15 (SR 1993/355).

Regulation 2(1) hapuku/bass: inserted, on 30 September 1993, by regulation 2(2) of the Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 14 (SR 1993/282).

Regulation 2(1) jellyfish: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) lamprey: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) leatherjacket: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) lessonia: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) licensed fish packing house: revoked, on 27 June 2003, by regulation 3(3) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2003 (SR 2003/142).

Regulation 2(1) licensed fish receiver: inserted, on 1 October 2013, by regulation 4(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2013 (SR 2013/327).

Regulation 2(1) licensed fish receiver’s premises: revoked, on 1 October 2013, by regulation 4(1) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2013 (SR 2013/327).

Regulation 2(1) long-finned eel: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) low headline height trawl net: inserted, on 1 October 2008, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/277).

Regulation 2(1) macrocystis: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) mako shark: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) male short-finned eel migration area: substituted, on 4 December 1997, by regulation 2 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 2) 1997 (SR 1997/285).

Regulation 2(1) male short-finned eel migration area: amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 2(1) male short-finned eel migration area: amended, on 14 January 2005, by regulation 6 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2004 (SR 2004/439).

Regulation 2(1) measuring device: amended, on 1 October 2001, by regulation 3(4)(b) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) mud crab: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) Otago Concession Area: revoked, on 1 October 2013, by regulation 4(1) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2013 (SR 2013/327).

Regulation 2(1) Otago Concession Buffer Zone: revoked, on 1 October 2013, by regulation 4(1) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2013 (SR 2013/327).

Regulation 2(1) Otago Region: inserted, on 1 October 2013, by regulation 4(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2013 (SR 2013/327).

Regulation 2(1) oyster: amended, on 1 October 1994, by regulation 2 of the Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 17 (SR 1994/174).

Regulation 2(1) pilchard: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) place or port of domicile: revoked, on 1 October 2013, by regulation 4(1) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2013 (SR 2013/327).

Regulation 2(1) place or port of registry: amended, on 1 October 2001, by regulation 3(4)(c) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) point of consumption: inserted, on 1 October 2013, by regulation 4(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2013 (SR 2013/327).

Regulation 2(1) porphyra: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) pterocladia: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) quota management area CRA7 : inserted, on 1 October 2013, by regulation 4(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2013 (SR 2013/327).

Regulation 2(1) rat tail: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) ray’s bream: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) ring net: inserted, on 1 October 2020, by regulation 39(1) of the Fisheries (Hector’s and Māui Dolphin) Amendment Regulations 2020 (LI 2020/199).

Regulation 2(1) saury: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) scampi: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) school shark: inserted, on 30 September 1993, by regulation 2(2) of the Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 14 (SR 1993/282).

Regulation 2(1) sea hare: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) sea horse: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) set net: substituted, on 30 November 1995, by regulation 2(1) of the Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 20 (SR 1995/236).

Regulation 2(1) set net: amended, on 1 October 2020, by regulation 39(2) of the Fisheries (Hector’s and Māui Dolphin) Amendment Regulations 2020 (LI 2020/199).

Regulation 2(1) silverside: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) skipjack tuna: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) slender tuna: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) southern bluefin tuna: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) spiny sea dragon: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) sprat: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) Stokell-smelt: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) thresher shark: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) ulva: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) undaria: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) wrasse: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) yellowfin tuna: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2(1) zostera: revoked, on 1 October 2001, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

2A Maximum set net length in Lake Ellesmere (Te Waihora)

Notwithstanding regulation 65 of the Fisheries (Commercial Fishing) Regulations 2001, a commercial fisher may use in Lake Ellesmere (Te Waihora) set nets that, in total, do not exceed 1 500 m in length.

Regulation 2A: inserted, on 30 September 1993, by regulation 3 of the Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 14 (SR 1993/282).

Regulation 2A heading: amended, on 14 January 2005, by regulation 6 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2004 (SR 2004/439).

Regulation 2A: amended, on 14 January 2005, by regulation 6 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2004 (SR 2004/439).

Regulation 2A: amended, on 1 October 2001, by regulation 12 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

2B Minimum set net mesh size

Notwithstanding regulation 31(1) of the Fisheries (Commercial Fishing) Regulations 2001, the mesh size of any set net used or possessed by any commercial fisher in the South-East fishery management area shall not be less than the appropriate size specified in the following table:

Species of fishMinimum set net mesh size
(mm)
Blue moki114
Bluenose160
Grey mullet90
Hapuku/bass160
Kahawai90
School shark150
Snapper125

Regulation 2B: inserted, on 30 September 1993, by regulation 3 of the Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 14 (SR 1993/282).

Regulation 2B: amended, on 1 October 2001, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2B: amended, on 1 October 2001, by regulation 12 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 2B table: amended, on 30 October 1993, by regulation 3(1) of the Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 15 (SR 1993/355).

Regulation 2B table: amended, on 30 October 1993, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 15 (SR 1993/355).

2C Minimum net mesh for queen scallop trawling

(1)

A commercial fisher must not use or possess a trawl net for taking queen scallop in the South-East fishery management area with net mesh less than 50 mm.

(2)

However, subclause (1) does not prohibit a commercial fisher from using or possessing a trawl net that has been approved for use under regulation 71A of the Fisheries (Commercial Fishing) Regulations 2001.

Regulation 2C: inserted, on 1 October 2002, by regulation 3 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2002 (SR 2002/277).

Regulation 2C(2): replaced, on 1 October 2017, by regulation 14 of the Fisheries (Trawling) Amendment Regulations 2017 (LI 2017/157).

Netting and trawling

3 Netting restrictions in North Canterbury

(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 1 February in any year and 30 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 200 m 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 200 m 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 100 mm; except that a fyke net used solely for taking eels may have a mesh size of not less than 12 mm.

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

(b)

between 1 May and 31 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 1.2 km 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 30 cm in height each, and each post being surmounted by a triangular plate, painted yellow.

(5)

For the purpose of subclause (4), 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 1 mouth, shall include every outlet of the river or stream and the shore of the lake between those outlets.

Regulation 3(1): amended, on 1 October 2001, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 3(2): amended, on 14 January 2005, by regulation 6 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2004 (SR 2004/439).

Regulation 3(2): amended, on 1 October 2001, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 3(3): amended, on 14 January 2005, by regulation 6 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2004 (SR 2004/439).

Regulation 3(3): amended, on 1 October 2001, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 3(4): amended, on 1 October 2001, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 3(4)(a): amended, on 14 January 2005, by regulation 6 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2004 (SR 2004/439).

Regulation 3(4)(b): amended, on 14 January 2005, by regulation 6 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2004 (SR 2004/439).

Regulation 3(4)(b)(iii): amended, on 14 January 2005, by regulation 6 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2004 (SR 2004/439).

3A Commercial use of surface nets

(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), relevant net mesh size means the minimum legally permitted mesh size for the fish the commercial fisher is fishing for.

Regulation 3A: inserted, on 1 December 1989, by regulation 3 of the Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 4 (SR 1989/322).

Regulation 3A(1): amended, on 1 October 2001, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 3A(1): amended, on 30 November 1995, by regulation 3 of the Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 20 (SR 1995/236).

Regulation 3A(2): amended, on 1 October 2001, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

3B Whitebait net may be used to take Stokell-smelt

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.

Regulation 3B: inserted, on 1 December 1989, by regulation 3 of the Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 4 (SR 1989/322).

Regulation 3B: amended, on 1 October 2001, by regulation 12 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

3C Set netting prohibited at southern end of Moeraki Peninsula
[Revoked]

Regulation 3C: revoked, on 1 October 2008, by regulation 5 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/277).

3D Certain fishing methods prohibited in defined areas

(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 north-easternmost extremity of Steep Head (at 43°44.212′S and 173°07.541′E) to the easternmost extremity of Katawa Head (at 43°43.651′S and 173°07.203′E):

(b)

Akaroa Harbour: all those waters of Akaroa Harbour lying inside a straight line drawn from the south-easternmost extremity of Timutimu Head (otherwise known as Iron Head) (at 43°53.792′S and 172°57.016′E) to the southernmost extremity of Te Ruahine Point (at 43°53.284′S and 172°58.145′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°23.180′S and 171°15.706′E) across to the northern tip of the Eastern Extension Mole at a point (at 44°23.159′S and 171°16.004′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°06.357′S and 170°58.689′E), across to the northern tip of the Breakwater at a point (at 45°06.343′S and 170°58.838′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°46.239′S and 170°43.192′E) across to Taiaroa Head at a point (at 45°46.347′S and 170°43.694′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).

Regulation 3D: inserted, on 30 September 1993, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 14 (SR 1993/282).

Regulation 3D(1): amended, on 1 October 2008, by regulation 6(1) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/277).

Regulation 3D(1): amended, on 1 October 2001, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 3D(1)(a): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 3D(1)(b): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 3D(1)(c): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 3D(1)(d): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 3D(1)(e): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 3D(1A): inserted, on 1 October 2008, by regulation 6(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/277).

Regulation 3D(2): amended, on 1 October 2001, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

3E Set net soak times

(1)

Subject to regulation 3(3), 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), a commercial fisher may, during the period commencing on 1 October in any year and ending with 31 December in that year (both days inclusive), place a set net in the waters described in subclause (3) for 48 hours.

(3)

The waters referred to in subclause (2) (known as Banks) are those waters enclosed by a line—

(a)

commencing at a point 4 nautical miles from the mean high-water mark of the South Island at 42°48.756′S and 173°27.451′E; then

(b)

proceeding in a generally east-south-easterly direction to a point at 42°54.40′S and 173°42.50′E; then

(c)

proceeding in a generally south-south-easterly direction to a point at 43°58.20′S and 173°57.90′E; then

(d)

proceeding in a generally west-south-westerly direction to a point at 44°37.20′S and 172°41.00′E; then

(e)

proceeding in a generally north-north-westerly direction to a point 4 nautical miles from the mean high-water mark of the South Island at 43°57.537′S and 172°15.574′E; then

(f)

proceeding generally in a north-easterly direction at a distance of 4 nautical miles from the mean high-water mark to the commencement point.

(4)

[Revoked]

(5)

[Revoked]

Regulation 3E: inserted, on 30 September 1993, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 14 (SR 1993/282).

Regulation 3E(1): amended, on 1 May 2012, by regulation 4(1) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2012 (SR 2012/50).

Regulation 3E(1): amended, on 1 October 2008, by regulation 7(1) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/277).

Regulation 3E(1): amended, on 1 October 2001, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 3E(2): amended, on 1 October 2001, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 3E(3): replaced, on 1 May 2012, by regulation 4(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2012 (SR 2012/50).

Regulation 3E(3)(a): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 3E(3)(e): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 3E(4): revoked, on 1 May 2012, by regulation 4(3) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2012 (SR 2012/50).

Regulation 3E(5): revoked, on 1 May 2012, by regulation 4(3) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2012 (SR 2012/50).

3F Prohibition on set nets in East Otago taiapure

A commercial fisher must not use a set net for fishing in the East Otago taiapure.

Regulation 3F: replaced, on 12 December 2019, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2019 (LI 2019/266).

4 Trawling prohibited

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 43°35.243′S and 172°48.488′E); then to Beacon Rock (at 43º36.11′S and 172º51.71′E); then to Wakaroa Point (at 43º37.326′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 43º40.950′S and 173º05.247′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°50.325′S and 176°52.790′W) to Durham Point (at 44°00.6′S and 176°40.700′W); and the waters of Hanson Bay lying inside a straight line drawn from Okawa Point (sometimes known as Waikeri Point) (at 43°46.200′S and 176°14.300′W) to Manukau Point (at 44°02.000′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.

Regulation 4: amended, on 1 October 2001, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 4(a): substituted, on 1 April 2008, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/30).

Regulation 4(a): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 4(b): revoked, on 30 September 1993, by regulation 5 of the Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 14 (SR 1993/282).

Regulation 4(c): revoked, on 30 September 1993, by regulation 5 of the Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 14 (SR 1993/282).

Regulation 4(d): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

4A Trawling by vessels over 46 m long prohibited in certain waters

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°53.048′S and 171°02.130′E; then proceeding in a generally north-easterly direction to a point 44°19.096′S and 172°58.873′E; then proceeding in a generally north-easterly 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 south-westerly direction along the outer limits of the territorial sea to the point of commencement.

Regulation 4A: inserted, on 1 October 1986, by regulation 2 of the Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 1 (SR 1986/254).

Regulation 4A heading: amended, on 5 November 1998, by regulation 2 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 1998 (SR 1998/300).

Regulation 4A: amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 4A: amended, on 1 October 2001, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 4A: amended, on 5 November 1998, by regulation 2 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 1998 (SR 1998/300).

4B Prohibition on trawling by large vessels in salmon conservation area adjacent to Banks Peninsula

(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).

(3)

[Revoked]

(4)

Notwithstanding subclause (2), 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)

7 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), 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°40.950′S and 173°05.247′E); then proceeding on a true bearing of 045° to a point 43°35.941′S and 173°12.147′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°00.825′S and 172°58.734′E; then proceeding due north to Akaroa Head (as 43°53.397′S and 172°58.734′E); then proceeding generally in a northerly direction along the mean high-water mark to the point of commencement.

Regulation 4B: substituted, on 24 October 1996, by regulation 3(1) of the Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 21 (SR 1996/272).

Regulation 4B(1): substituted, on 4 December 1997, by regulation 3 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 2) 1997 (SR 1997/285).

Regulation 4B(3): revoked, on 20 December 1996, by regulation 2 of the Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 22 (SR 1996/383).

Regulation 4B(5): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

4C Trawling prohibited in certain seamount areas

(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.

Regulation 4C: inserted, on 10 May 2001, by regulation 3 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2001 (SR 2001/67).

Regulation 4C(2)(d): substituted, on 1 October 2007, by regulation 5 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2007 (SR 2007/249).

5 Prohibition on trawling in certain areas

(1)

No commercial fisher shall use a trawl net during the period commencing with 1 January in any year and ending with 30 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°23.694′E and the southern limit at a point on the coast at 42°48.0′S and 173°22.064′E:

(b)

the Hurunui, the northernmost limit of the closure being a point on the coast at 42°54.0′S and 173°17.837′E and the southern limit at a point on the coast at 42°55.7′S and 173°16.007′E:

(c)

the Waimakariri, the northernmost limit of the closure being a point on the coast at 43°22.5′S and 172°42.637′E and the southern limit at a point on the coast at 43°24.8′S and 172°42.794′E:

(d)

the Rakaia, the northernmost limit of the closure being a point on the coast at 43°53.6′S and 172°14.040′E and the southern limit at a point on the coast at 43°54.2′S and 172°11.4935′E:

(e)

the Ashburton/Hakatere, the northernmost limit of the closure being a point on the coast at 44°02.7′S and 171°49.503′E and the southern limit at a point on the coast at 44°04.020′S and 171°46.322′E:

(f)

the Rangitata, the northernmost limit of the closure being a point on the coast at 44°10.8′S and 171°31.445′E and the southern limit at a point on the coast at 44°12.0′S and 171°29.075′E:

(g)

the Orari, the northernmost limit of the closure being a point on the coast at 44°13.9′S and 171°25.522′E and the southern limit at a point on the coast at 44°15.2′S and 171°23.598′E:

(h)

the Opihi, the northernmost limit of the closure being a point on the coast at 44°16.200′S and 171°21.970′E and the southern limit at a point on the coast at 44°17.9′S and 171°19.635′E:

(i)

the Waitaki, the northernmost limit of the closure being a point on the coast at 44°55.5′S and 171°09.141′E and the southern limit at a point on the coast at 44°57.6′S and 171°07.968′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°52.936′S and 170°31.590′E) to a point on the low tide training wall (at 45°52.528′S and 170°31.721′E); then generally in a north-easterly direction along the low tide training wall to a point (at 45°50.082′S and 170°36.053′E); then to Kilgour Point (at 45°49.865′S and 170°36.143′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°49.193′S and 170°37.608′E), to a beacon (at 45°49.238′S and 170°37.920′E); then to the shore at Rocky Point (at 45°48.247′S and 170°37.712′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°28.160′S and 169°39.824′E); then in a southerly direction to 46°28.291′S and 169°39.818′E.

Regulation 5: substituted, on 22 December 1988, by regulation 3 of the Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 3 (SR 1988/320).

Regulation 5 heading: amended, on 1 October 2008, by regulation 9(1) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/277).

Regulation 5(1): amended, on 1 October 2008, by regulation 9(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/277).

Regulation 5(1): amended, on 1 October 2001, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 5(1)(a): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5(1)(b): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5(1)(c): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5(1)(d): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5(1)(e): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5(1)(e): amended, on 14 January 2005, by regulation 6 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2004 (SR 2004/439).

Regulation 5(1)(f): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5(1)(g): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5(1)(h): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5(1)(i): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5(2): revoked, on 1 October 2008, by regulation 9(3) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/277).

Regulation 5(3): revoked, on 1 October 2008, by regulation 9(3) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/277).

Regulation 5(4): added, on 30 September 1993, by regulation 7 of the Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 14 (SR 1993/282).

Regulation 5(4): amended, on 1 October 2001, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 5(4)(a): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5(4)(b): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5(4)(c): revoked, on 1 October 2008, by regulation 9(4) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/277).

Regulation 5(4)(d): revoked, on 1 October 2008, by regulation 9(4) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/277).

Regulation 5(4)(e): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

5AAA Trawl net fishing prohibited in certain area from Clarence Point to Slope Point

(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°28.677′S and 170°49.102′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°38.362′S and 170°39.694′E); and

(15)

then proceeds in a straight line to the south head of the Waikouaiti River (at 45°38.474′S and 170°39.718′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°46.239′S and 170°43.192′E); and

(19)

then proceeds in a straight line to the southernmost point of the north bank of Taiaroa Head (at 45°46.347′S and 170°43.694′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°40.525′S and 169°00.107′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°42.319′S and 169°01.738′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°59.068′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.

Regulation 5AAA: substituted, on 20 November 2008, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2008 (SR 2008/407).

Regulation 5AAA(1)(7A): inserted, on 1 June 2009, by regulation 5(1) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2009 (SR 2009/103).

Regulation 5AAA(1)(7B): inserted, on 1 June 2009, by regulation 5(1) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2009 (SR 2009/103).

Regulation 5AAA(1)(10): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5AAA(1)(14): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5AAA(1)(15): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5AAA(1)(18): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5AAA(1)(19): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5AAA(1)(36): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5AAA(1)(37): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5AAA(1)(38): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5AAA(1A): inserted, on 1 June 2009, by regulation 5(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2009 (SR 2009/103).

Regulation 5AAA(2): amended, on 1 June 2009, by regulation 5(3)(a) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2009 (SR 2009/103).

Regulation 5AAA(2): amended, on 1 June 2009, by regulation 5(3)(b) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2009 (SR 2009/103).

5AAB Exemption from prohibition in regulation 5AAA

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

Regulation 5AAB: inserted, on 1 October 2008, by regulation 10 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/277).

5AAC Set net fishing prohibited in certain area from Clarence Point to Slope Point

(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°17.000′S and 172°43.327′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°28.677′S and 170°49.102′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°38.362′S and 170°39.694′E); and

(17)

then proceeds in a straight line to the south head of the Waikouaiti River (at 45°38.474′S and 170°39.718′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°44.642′S and 170°37.479′E); and

(21)

then proceeds in a straight line to the east head of Purakaunui Inlet (at 45°44.600′S and 170°37.663′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°46.239′S and 170°43.192′E); and

(23)

then proceeds in a straight line to a point (at 45°46.316′S and 170°43.550′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°40.525′S and 169°00.107′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°44.369′S and 169°03.604′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 east of the Waitaki River (at 44°56.300′S and 171°14.720′E); and

(46)

then proceeds in a north-easterly direction to a point (at 44°25.560′S and 171°32.670′E); and

(47)

then proceeds in a northerly direction at a distance of 12 nautical miles from the mean high-water mark to a point (at 43°33.340′S and 173°18.178′E); and

(48)
[Revoked]

(49)
[Revoked]

(50)
[Revoked]

(51)

then proceeds in a northerly direction to a point (at 43°18.000′S and 173°20.000′E); and

(52)

then proceeds in a north-westerly direction to a point (at 43°06.580′S and 173°08.680′E); and

(53)

then proceeds in a northerly direction at a distance of 4 nautical miles from the mean high-water mark to a point (at 42°41.925′S and 173°31.154′E); and

(54)

then proceeds in a northerly direction to a point (at 42°35.943′S and 173°32.241′E); and

(55)

then proceeds in a north-easterly direction to a point (at 42°33.453′S and 173°34.140′E); and

(56)

then proceeds in a north-westerly direction to a point (at 42°32.555′S and 173°32.980′E); and

(57)

then proceeds in a north-easterly direction to a point (at 42°30.928′S and 173°34.060′E); and

(58)

then proceeds in a northerly direction to a point (at 42°29.020′S and 173°33.500′E); and

(59)

then proceeds in a north-easterly direction to a point (at 42°26.704′S and 173°37.732′E); and

(60)

then proceeds in an easterly direction to a point (at 42°27.955′S and 173°43.710′E); and

(61)

then proceeds in a straight line to a point 4 nautical miles east of Clarence Point (at 42°10.00′S and 174°01.775′E); and

(62)

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.

Regulation 5AAC: substituted, on 20 November 2008, by regulation 5 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2008 (SR 2008/407).

Regulation 5AAC(1)(7): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5AAC(1)(9A): inserted, on 1 June 2009, by regulation 6(1) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2009 (SR 2009/103).

Regulation 5AAC(1)(9B): inserted, on 1 June 2009, by regulation 6(1) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2009 (SR 2009/103).

Regulation 5AAC(1)(12): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5AAC(1)(16): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5AAC(1)(17): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5AAC(1)(20): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5AAC(1)(21): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5AAC(1)(22): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5AAC(1)(23): amended, on 1 October 2020, by regulation 40(1) of the Fisheries (Hector’s and Māui Dolphin) Amendment Regulations 2020 (LI 2020/199).

Regulation 5AAC(1)(43): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5AAC(1)(44): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5AAC(1)(45): replaced, on 1 October 2020, by regulation 40(2) of the Fisheries (Hector’s and Māui Dolphin) Amendment Regulations 2020 (LI 2020/199).

Regulation 5AAC(1)(46): replaced, on 1 October 2020, by regulation 40(2) of the Fisheries (Hector’s and Māui Dolphin) Amendment Regulations 2020 (LI 2020/199).

Regulation 5AAC(1)(47): replaced, on 30 December 2022, by regulation 9 of the Fisheries (Hector’s and Māui Dolphin) Amendment Regulations 2022 (SL 2022/314).

Regulation 5AAC(1)(48): revoked, on 30 December 2022, by regulation 9 of the Fisheries (Hector’s and Māui Dolphin) Amendment Regulations 2022 (SL 2022/314).

Regulation 5AAC(1)(49): revoked, on 30 December 2022, by regulation 9 of the Fisheries (Hector’s and Māui Dolphin) Amendment Regulations 2022 (SL 2022/314).

Regulation 5AAC(1)(50): revoked, on 30 December 2022, by regulation 9 of the Fisheries (Hector’s and Māui Dolphin) Amendment Regulations 2022 (SL 2022/314).

Regulation 5AAC(1)(51): inserted, on 1 October 2020, by regulation 40(2) of the Fisheries (Hector’s and Māui Dolphin) Amendment Regulations 2020 (LI 2020/199).

Regulation 5AAC(1)(52): inserted, on 1 October 2020, by regulation 40(2) of the Fisheries (Hector’s and Māui Dolphin) Amendment Regulations 2020 (LI 2020/199).

Regulation 5AAC(1)(53): inserted, on 1 October 2020, by regulation 40(2) of the Fisheries (Hector’s and Māui Dolphin) Amendment Regulations 2020 (LI 2020/199).

Regulation 5AAC(1)(54): inserted, on 1 October 2020, by regulation 40(2) of the Fisheries (Hector’s and Māui Dolphin) Amendment Regulations 2020 (LI 2020/199).

Regulation 5AAC(1)(55): inserted, on 1 October 2020, by regulation 40(2) of the Fisheries (Hector’s and Māui Dolphin) Amendment Regulations 2020 (LI 2020/199).

Regulation 5AAC(1)(56): inserted, on 1 October 2020, by regulation 40(2) of the Fisheries (Hector’s and Māui Dolphin) Amendment Regulations 2020 (LI 2020/199).

Regulation 5AAC(1)(57): inserted, on 1 October 2020, by regulation 40(2) of the Fisheries (Hector’s and Māui Dolphin) Amendment Regulations 2020 (LI 2020/199).

Regulation 5AAC(1)(58): inserted, on 1 October 2020, by regulation 40(2) of the Fisheries (Hector’s and Māui Dolphin) Amendment Regulations 2020 (LI 2020/199).

Regulation 5AAC(1)(59): inserted, on 1 October 2020, by regulation 40(2) of the Fisheries (Hector’s and Māui Dolphin) Amendment Regulations 2020 (LI 2020/199).

Regulation 5AAC(1)(60): inserted, on 1 October 2020, by regulation 40(2) of the Fisheries (Hector’s and Māui Dolphin) Amendment Regulations 2020 (LI 2020/199).

Regulation 5AAC(1)(61): inserted, on 1 October 2020, by regulation 40(2) of the Fisheries (Hector’s and Māui Dolphin) Amendment Regulations 2020 (LI 2020/199).

Regulation 5AAC(1)(62): inserted, on 1 October 2020, by regulation 40(2) of the Fisheries (Hector’s and Māui Dolphin) Amendment Regulations 2020 (LI 2020/199).

Regulation 5AAC(1A): inserted, on 1 June 2009, by regulation 6(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2009 (SR 2009/103).

Regulation 5AAC(2): amended, on 1 June 2009, by regulation 6(3)(a) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2009 (SR 2009/103).

Regulation 5AAC(2): amended, on 1 June 2009, by regulation 6(3)(b) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2009 (SR 2009/103).

5AAD Exemption from prohibition in regulation 5AAC

(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°36.808′S and 172°40.343′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°38.841′S and 172°49.175′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°40.182′S and 172°54.379′E).

Regulation 5AAD: inserted, on 1 October 2008, by regulation 10 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/277).

Regulation 5AAD(1): amended, on 20 November 2008, by regulation 6(1) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2008 (SR 2008/407).

Regulation 5AAD(2)(b): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5AAD(2)(b): amended, on 20 November 2008, by regulation 6(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2008 (SR 2008/407).

Regulation 5AAD(2)(c): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5AAD(2)(d): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

5A Drag netting prohibited in Catlins River

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

Regulation 5A: inserted, on 30 September 1993, by regulation 8 of the Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 14 (SR 1993/282).

Regulation 5A: amended, on 1 June 2009, by regulation 7 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2009 (SR 2009/103).

Regulation 5A: amended, on 1 October 2001, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

5B Fishing prohibited in defined areas around Chatham Island

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°14.400′S and 176°14.337′W); then due north for 100 metres to a point at 44°14.340′S and 176°14.337′W; then in a westerly direction at a distance of 100 metres from the high-water mark to a point at 44°14.575′S and 176°15.85′W; then due south to the coast at a point 44°14.629′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°18.496′S and 176°11.906′W; then due east for 100 metres to a point at 44°18.496′S and 176°11.831′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°11.701′W; then due west to the coast to a point at 44°18.73′S and 176°11.776′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°16.648′S and 176°15.46′W; then due north for 100 metres to a point at 44°16.591′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°16.486′S and 176°14.89′W; then due south to the coast to a point at 44°16.545′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°15.807′S and 176°09.93′W; then due north to a point at 44°15.739′S and 176°09.93′W; then in a generally easterly and southerly direction to a point at 44°16.140′S and 176°09.435′W; then due west to the coast at a point at 44°16.140′S and 176°09.530′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°56.756′S and 176°33.617′W); then on a bearing of 070° for 100 metres to a point at 43°56.738′S and 176°33.547′W; then in a north-westerly direction at a distance of 100 metres from the high-water mark to a point at 43°56.470′S and 176°34.021′W; then due south to Point Webb (at 43°56.532′S and 176°34.021′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°48.660′S and 176°41.157′W; then due east for 100 metres to a point at 43°48.660′S and 176°41.069′W; then in a northerly direction to a point at 43°48.634′S and 176°41.091′W; then in a north-westerly direction at a distance of 100 metres from the high-water mark to a point at 43°47.956′S and 176°41.120′W; then due north to the mouth of the creek at 43°47.898′S and 176°41.120′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°47.206′S and 176°49.117′W; then on a bearing of 340° to a point at 43°47.095′S and 176°49.173′W; then in an easterly direction at a distance of 200 metres from the high-water mark to a point at 43°46.748′S and 176°48.736′W; then on a bearing of 160° to the coast at a point at 43°46.956′S and 176°48.631′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°43.140′S and 176°38.120′W; then due west for 100 metres to a point at 43°43.140′S and 176°38.196′W; then in a southerly direction at a distance of 100 metres from the high-water mark to a point at 43°43.261′S and 176°38.128′W; then due east to the mouth of Lake Waikauia (at 43°43.261′S and 176°37.914′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°42.389′S and 176°34.78′W; then due north for 200 metres to a point at 43°42.258′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°42.327′S and 176°34.44′W; then due south to the beach at 43°42.500′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°43.237′S and 176°29.524′W); then on a bearing of 060° to a point at 43°43.213′S and 176°29.462′W; then in a south-westerly direction to a point on the coast at 43°44.025′S and 176°29.571′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°43.907′S and 176°16.073′W); then on a bearing of 110° for 100 metres to a point at 43°43.927′S and 176°16.000′W; then in a northerly and westerly direction at a distance of 100 metres from the high-water mark to a point at 43°43.715′S and 176°16.379′W; then due south to the coast at a point at 43°43.774′S and 176°16.379′W); then generally in a south-easterly 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°01.451′S and 176°21.74′W; then due north for 100 metres to a point at 44°01.352′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°21.031′W; then due west to the coast at a point at 44°01.51′S and 176°21.108′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°01.948′S and 176°19.551′W); then due east for 200 metres to a point at 44°01.948′S and 176°19.382′W; then in a southerly direction at a distance of 200 metres from the high-water mark to a point at 44°01.38′S and 176°19.518′W; then due west to the coast to a point at 44°01.38′S and 176°19.673′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°59.921′S and 176°39.366′W; then on a bearing of 320° for 100 metres to a point at 43°59.880′S and 176°39.414′W; then in a north-easterly direction at a distance of 100 metres from the high-water mark to a point at 43°59.490′S and 176°38.774′W; then on a bearing of 140° to the coast at a point at 43°59.531′S and 176°38.726′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.

Regulation 5B: inserted, on 30 September 1993, by regulation 8 of the Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 14 (SR 1993/282).

Regulation 5B: amended, on 1 October 2001, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 5B(a): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5B(b): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5B(c): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5B(d): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5B(e): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5B(f): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5B(g): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5B(h): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5B(i): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5B(j): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5B(k): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5B(l): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5B(m): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5B(n): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 5B(o): added, on 4 December 1997, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 2) 1997 (SR 1997/285).

Rock lobsters

6 Special provisions relating to taking of rock lobster from quota management area CRA7

(1)

Despite regulation 37 of the Fisheries (Commercial Fishing) Regulations 2001, but subject to regulation 41 of those regulations, any person authorised to take rock lobster from quota management area CRA7 may take or be in possession of or sell to a licensed fish receiver an undersize rock lobster, or undersize rock lobster tail, if—

(a)

the lobster is taken from quota management area CRA7; and

(b)

the length of the tail of the lobster is not less than 127 mm; and

(c)

the lobster is, or, if on board a fishing vessel, is to be, landed at a point lying within quota management area CRA7; and

(d)

the rock lobster is, or, if on board a fishing vessel, is to be, delivered and sold to a licensed fish receiver—

(i)

within the Otago Region; or

(ii)

outside the Otago Region, subject to the licensed fish receiver being approved by the chief executive under subclause (2) in accordance with the relevant conditions of any approval.

(2)

The chief executive may, subject to any conditions the chief executive thinks fit, approve in writing any licensed fish receiver outside the Otago Region as a point to which rock lobster or rock lobster tails taken pursuant to subclause (1) may be delivered and sold.

(3)

In subclause (1), 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.

Regulation 6: replaced, on 1 October 2013, by regulation 5 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2013 (SR 2013/327).

6A Apertures to be incorporated in rock lobster pots

(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% 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% 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), 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 38 mm by 200 mm.

(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 127 mm in length.

Regulation 6A: inserted, on 1 October 1992, by regulation 3 of the Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 10 (SR 1992/116).

Regulation 6A(1): amended, on 1 October 2001, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 6A(4): amended, on 1 October 2001, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 6A(5): substituted, on 2 October 2003, by regulation 3 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 2) 2003 (SR 2003/226).

7 Processing and sale of quota management area CRA7 rock lobster

(1)

Any person who sells, possesses, or processes any rock lobster or rock lobster tail under regulation 6 must ensure that, except as otherwise authorised by these regulations,—

(a)

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

(b)

all tailing and processing of rock lobster, or rock lobster tail, is carried out by a licensed fish receiver:

(c)

every rock lobster or rock lobster tail that is intended for export is—

(i)

exported directly from a licensed fish receiver; or

(ii)

delivered to an export transhipment point approved by the chief executive under subclause (2) in accordance with the relevant conditions of any approval:

(d)

every rock lobster or rock lobster tail that is intended for sale in New Zealand must be tagged or labelled, and the tag or label must—

(i)

be attached by a licensed fish receiver prior to the removal of the rock lobster from the licensed fish receiver’s premises for the purpose of sale; and

(ii)

be secure and cannot be reused; and

(iii)

clearly show that the rock lobster was taken from quota management area CRA7; and

(iv)

clearly show a unique numerical or alphabetical identifier (or both) for each rock lobster.

(2)

The chief executive may, subject to any conditions the chief executive thinks fit, approve in writing any premises or point within New Zealand as an export transhipment point to which rock lobster or rock lobster tails taken under regulation 6(1) may be sent by a licensed fish receiver.

(3)

Any licensed fish receiver that processes rock lobster or rock lobster tail that is intended for sale in New Zealand must keep and maintain records detailing—

(a)

the unique numerical or alphabetical identifier (or both) of the tag or label attached to each rock lobster or rock lobster tail; and

(b)

the name and address of the person buying or otherwise acquiring each individually tagged or labelled rock lobster or rock lobster tail; and

(c)

the sales invoice number for each individually tagged or labelled rock lobster or rock lobster tail.

(4)

No person may sell or possess rock lobster or rock lobster tail that is not tagged or labelled in accordance with regulation 7(1)(d), and that is intended for sale in New Zealand, unless the rock lobster or rock lobster tail is—

(a)

in the process of being taken under regulation 6(1) and has not yet reached a licensed fish receiver for tagging or labelling in accordance with regulation 7(1)(d); or

(b)

at the point of consumption.

Regulation 7: replaced, on 1 October 2013, by regulation 6 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2013 (SR 2013/327).

7A Taking, possession, processing, and sale of certain rock lobster prohibited

Notwithstanding regulation 41(1)(g) of the Fisheries (Commercial Fishing) Regulations 2001, a rock lobster taken from the quota management area CRA7 in accordance with regulation 6(1) 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.

Regulation 7A: inserted, on 1 June 1988, by regulation 5 of the Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 2 (SR 1988/105).

Regulation 7A: amended, on 1 October 2013, by regulation 8(1) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2013 (SR 2013/327).

Regulation 7A: amended, on 1 October 2001, by regulation 12 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

8 Closed season for rock lobster
[Revoked]

Regulation 8: revoked, on 1 October 2013, by regulation 7 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2013 (SR 2013/327).

8A Rock lobster fishing prohibited in Otago Concession Buffer Zone
[Revoked]

Regulation 8A: revoked, on 1 October 2013, by regulation 7 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2013 (SR 2013/327).

8B Closed season for Chatham Islands rock lobster fishery

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.

Regulation 8B: inserted, on 1 March 1997, by regulation 2 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 1997 (SR 1997/25).

9 Tailing at sea permitted in specified area

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 quota management area CRA7.

Regulation 9: amended, on 1 October 2013, by regulation 8(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2013 (SR 2013/327).

Regulation 9: amended, on 1 October 2001, by regulation 6 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 9: amended, on 1 October 2001, by regulation 12 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Shellfish

10 Restrictions on taking shellfish from parts of Otago coast

(1)

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°37.157′S and 170°41.696′E) to Karitane Peninsula (at 45°38.405′S and 170°40.475′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°40.238′S and 170°39.175′E) and Omimi Point (at 45°41.553′S and 170°36.934′E):

(c)

Otago Harbour—all the waters of Otago Harbour enclosed by a straight line drawn from Heywards Point (at 45°45.361′S and 170°41.532′E) to Taiaroa Head (at 45°46.347′S and 170°43.694′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°52.858′S and 170°43.714′E) and the point 1 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 1 nautical mile north of the Taieri River mouth at 46°02.520′S and 170°12.913′E, and the point 1 nautical mile south of the Taieri River mouth at 46°04.5′S and 170°12.031′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 1 nautical mile north of the Tokomairiro River mouth at 46°12.638′S and 170°03.728′E and the point 1 nautical mile south of the Tokomairiro River mouth at 46°13.636′S and 170°02.024′E:

(g)

Clutha River—all those waters lying within half a nautical mile seaward of the mean high-water mark between Newstead (at 46°18.903′S and 169°53.487′E) and Port Molyneaux School (at 46°22.477′S and 169°47.042′E).

(2)

Subclause (1)(c) does not apply to the taking or possession of cockles from cockle bed 1 or cockle bed 2.

(3)

In this regulation,—

cockle bed 1 means the area enclosed by a line that commences at a point offshore and south-east of Deborah Bay (at 45°48.380′S and 170°38.281′E) and then proceeds—

(a)

in a north-easterly direction to a point offshore and south-west of Acheron Point (at 45°48.175′S and 170°38.673′E); then

(b)

in a north-easterly direction to a point offshore and south of Pulling Point (at 45°47.944′S and 170°39.429′E); then

(c)

in a south-easterly direction to a point offshore and coincident with the western boundary of the Ōtākou Mātaitai (Otago Mātaitai) (at 45°47.961′S and 170°39.527′E); then

(d)

in a south-easterly direction following the Ōtākou Mātaitai (Otago Mātaitai) boundary to a point offshore (at 45°48.079′S and 170°39.635′E); then

(e)

in a south-westerly direction to a point offshore and north of Quarantine Point (at 45°48.651′S and 170°38.622′E); then

(f)

back to the point of commencement

cockle bed 2 means the area enclosed by a line that commences at a point offshore and east of Kilgours Point (at 45° 49.902′S and 170°36.421′E) and then proceeds—

(a)

due east to a point offshore (at 45°49.902′S and 170°37.328′E); then

(b)

in a north-easterly direction to a point offshore and to the south of the westernmost point of Quarantine Island/Kamau Taurua (at 45°49.711′S and 170°37.712′E); then

(c)

in a south-easterly direction to a point offshore of Quarantine Island/Kamau Taurua (at 45°49.918′S and 170°37.956′E); then

(d)

in a south-easterly direction to a point offshore and north of Pudding Island (at 45°50.080′S and 170°38.373′E); then

(e)

in a south-westerly direction to a point offshore and north-west of Yellow Head (at 45°50.406′S and 170°37.291′E); then

(f)

due west to a point offshore and north of Grassy Point (at 45°50.406′S and 170°36.421′E); then

(g)

due north back to the point of commencement.

Regulation 10(1): amended, on 1 October 2001, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 10(1)(a): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 10(1)(b): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 10(1)(c): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 10(1)(d): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 10(1)(e): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 10(1)(f): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 10(1)(g): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 10(2): inserted, on 23 November 2018, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2018 (LI 2018/206).

Regulation 10(3): inserted, on 23 November 2018, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2018 (LI 2018/206).

10A Restrictions on fishing in paua quota management areas

(1)

No commercial fisher shall take paua from more than 1 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°15.526′S and 168°03.175′E and proceeding due west to the outer boundary of the exclusive economic zone at a point at 44°15.526′S and 162°13.237′E; then proceeding in a generally southerly direction to a point 49°00′S and 161°26.214′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°36.900′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°25.680′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 management area at 47°41.810′S and 172°09.525′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 areas enclosed by a line commencing at the Waitaki River south head 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°55.080′S and 173°57.00′E; then proceeding in a south-westerly direction to a point at 47°41.810′S and 172°09.525′E; then proceeding in a north-westerly direction to a point in Foveaux Strait at 46°25.680′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).

Regulation 10A: inserted, on 1 October 1995, by section 8(2) of the Fisheries Amendment Act 1995 (1995 No 51).

Regulation 10A(1): amended, on 1 October 2001, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 10A(1)(a): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 10A(1)(b): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 10A(1)(b): amended, on 14 January 2005, by regulation 6 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2004 (SR 2004/439).

Regulation 10A(1)(c): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 10A(2): amended, on 1 October 2001, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

10A Restriction on taking cockles from Port Levy
[Revoked]

Regulation 10A: revoked, on 5 November 1998, by regulation 3(1) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 1998 (SR 1998/300).

10AA Shellfish dredges

(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.

Regulation 10AA: inserted, on 1 October 2001, by regulation 7 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 10AA(1): amended, on 1 October 2002, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2002 (SR 2002/277).

10B Labelling of containers for paua taken in any PAU 5 quota management area

(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; 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).

(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.

Regulation 10B: inserted, on 1 October 1995, by section 8(2) of the Fisheries Amendment Act 1995 (1995 No 51).

10BA Prohibition on taking or possessing paua from East Otago taiapure

(1)

No commercial fisher may—

(a)

take any paua from the East Otago taiapure; or

(b)

possess any paua in the East Otago taiapure; or

(c)

possess any paua that has been taken from the East Otago taiapure.

(2)

For the purpose of subclause (1), paua includes virgin paua (Haliotis virginea).

Regulation 10BA: replaced, on 12 December 2019, by regulation 5 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2019 (LI 2019/266).

10C Marking of blue cod pots and fish holding pots
[Revoked]

Regulation 10C: revoked, on 1 June 2009, by regulation 8 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2009 (SR 2009/103).

10D Restriction on taking cockles from Port Levy
[Revoked]

Regulation 10D: revoked, on 21 October 2004, by regulation 3 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 2) 2004 (SR 2004/331).

10E Restriction on taking cockles from the East Otago taiapure

(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,—

northern sanitation area means the area—

(a)

commencing at a point (at 45°43.09′S and 170°35.19′E); and

(b)

then proceeding due east to a point (at 45°43.09′S and 170°35.59′E); and

(c)

then proceeding south-east to a point (at 45°43.50′S and 170°35.84′E); and

(d)

then proceeding due west to a point (at 45°43.50′S and 170°35.48′E); and

(e)

then proceeding north-west to the point of commencement

southern sanitation area means the area—

(a)

commencing at a point (at 45°44.08′S and 170°34.52′E); and

(b)

then proceeding north-east to a point (at 45°43.97′S and 170°34.99′E); and

(c)

then proceeding east to a point (at 45°43.98′S and 170°35.14′E); and

(d)

then proceeding south-east to a point (at 45°44.11′S and 170°35.25′E); and

(e)

then proceeding north-east to a point (at 45°44.00′S and 170°35.55′E); and

(f)

then proceeding south to a point (at 45°44.33′S and 170°35.54′E); and

(g)

then proceeding south-west to a point (at 45°44.46′S and 170°34.86′E); and

(h)

then proceeding north-west to a point (at 45°44.36′S and 170°34.52′E); and

(i)

then proceeding due north to the point of commencement.

Regulation 10E: inserted, on 1 October 2010, by regulation 7 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2010 (SR 2010/298).

Eeling[Revoked]

Heading: revoked, on 24 October 1996, by regulation 4(1) of the Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 21 (SR 1996/272).

11 Taking eels from Lakes Forsyth and Ellesmere restricted
[Revoked]

Regulation 11: revoked, on 24 October 1996, by regulation 4(1) of the Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 21 (SR 1996/272).

General prohibitions, restrictions, and quotas

Heading: inserted, on 1 December 1989, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 4 (SR 1989/322).

11A Totally prohibited species

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.

Regulation 11A: substituted, on 26 September 1991, by regulation 3 of the Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 8 (SR 1991/163).

Regulation 11A: amended, on 1 October 2001, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

11AA Targeting of certain fish, aquatic life, and seaweed prohibited, unless specially authorised
[Revoked]

Regulation 11AA: revoked, on 1 October 2001, by regulation 8 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

11AB Species that may be taken subject to competitive or individual quotas, method restrictions, etc
[Revoked]

Regulation 11AB: revoked, on 1 October 2001, by regulation 9 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

11B Yellow-eyed mullet season and quotas
[Revoked]

Regulation 11B: revoked, on 5 November 1998, by regulation 6 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 1998 (SR 1998/300).

11C Kina season and quotas
[Revoked]

Regulation 11C: revoked, on 1 October 2002, by regulation 5 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2002 (SR 2002/277).

11D Taking of kina prohibited in certain areas

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°26.889′S and 169°49.010′E) and Kaka Point (at 46°23.066′S and 169°47.168′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°52.858′S and 170°43.714′E) and Taiaora Head Lighthouse (at 45°46.420′S and 170°43.727′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°28.790′S and 170°49.114′E) and Moeraki Point (at 45°21.339′S and 170°51.479′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°16.136′S and 170°51.693′E) and Waianakarua River (at 45°15.141′S and 170°51.701′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°13.269′S and 170°52.992′E) and the southern end of All Day Bay (at 45°12.785′S and 170°53.148′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°07.306′S and 170°58.940′E) and Oamaru Breakwater (at 45°06.343′S and 170°58.838′E).

Regulation 11D: inserted, on 1 December 1989, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 4 (SR 1989/322).

Regulation 11D: amended, on 1 October 2001, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 11D(a): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 11D(b): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 11D(c): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 11D(c): amended, on 14 January 2005, by regulation 6 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2004 (SR 2004/439).

Regulation 11D(d): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 11D(e): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 11D(f): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

11E Munida season and quotas
[Revoked]

Regulation 11E: revoked, on 12 May 2011, by clause 3 of the Fisheries Regulations Revocation Order 2011 (SR 2011/96).

11F Restrictions on taking oysters

(1)

No commercial fisher shall, at any time in the period commencing on 1 January in any year and ending with the close of 31 August in that year (both days inclusive), take any oysters 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).

(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.

Regulation 11F: substituted, on 1 October 1995, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 19 (SR 1995/175).

Regulation 11F(1): amended, on 1 October 2001, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 11F(2): amended, on 1 October 2001, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 11F(3): amended, on 1 October 2001, by regulation 12 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

11G Prohibitions relating to dredging for scallops
[Revoked]

Regulation 11G: revoked, on 12 May 2011, by clause 3 of the Fisheries Regulations Revocation Order 2011 (SR 2011/96).

11H Queen scallop season and quotas
[Revoked]

Regulation 11H: revoked, on 12 May 2011, by clause 3 of the Fisheries Regulations Revocation Order 2011 (SR 2011/96).

11I Paddle crab season and quotas
[Revoked]

Regulation 11I: revoked, on 1 October 2002, by regulation 7 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2002 (SR 2002/277).

11J Taking certain paddle crabs prohibited

(1)

No commercial fisher shall take from the waters of quota management area 3 or quota management area 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).

Regulation 11J: inserted, on 1 December 1989, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 4 (SR 1989/322).

Regulation 11J(1): amended, on 1 October 2001, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 11J(2): amended, on 1 October 2001, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

11JA Butterfish season and quotas
[Revoked]

Regulation 11JA: revoked, on 1 October 2002, by regulation 7 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2002 (SR 2002/277).

11JB Seaperch season and quotas
[Revoked]

Regulation 11JB: revoked, on 5 November 1998, by regulation 7 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 1998 (SR 1998/300).

11JC Skate and ray season and quotas
[Revoked]

Regulation 11JC: revoked, on 2 October 2003, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 2) 2003 (SR 2003/226).

11JD Spiny dogfish season and quotas
[Revoked]

Regulation 11JD: revoked, on 2 October 2003, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 2) 2003 (SR 2003/226).

11K Restrictions on fishing methods

(1)

[Revoked]

(2)

[Revoked]

(3)

[Revoked]

(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)

[Revoked]

Regulation 11K: substituted, on 26 September 1991, by regulation 6 of the Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 8 (SR 1991/163).

Regulation 11K(1): revoked, on 12 May 2011, by clause 3 of the Fisheries Regulations Revocation Order 2011 (SR 2011/96).

Regulation 11K(2): revoked, on 12 May 2011, by clause 3 of the Fisheries Regulations Revocation Order 2011 (SR 2011/96).

Regulation 11K(3): revoked, on 12 May 2011, by clause 3 of the Fisheries Regulations Revocation Order 2011 (SR 2011/96).

Regulation 11K(4): amended, on 1 October 2001, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 11K(5): revoked, on 12 May 2011, by clause 3 of the Fisheries Regulations Revocation Order 2011 (SR 2011/96).

11L Restrictions on use of nets and dredges
[Revoked]

Regulation 11L: revoked, on 12 May 2011, by clause 3 of the Fisheries Regulations Revocation Order 2011 (SR 2011/96).

11M Taking eels from waters of national parks restricted

(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.

Regulation 11M: inserted, on 1 December 1989, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 4 (SR 1989/322).

Regulation 11M(1): amended, on 1 October 2001, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

11N Taking of eels restricted

(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°51.282′S and 172°22.277′E) to the site of a post on the south bank of the arm of Lake Ellesmere (Te Waihora) near Taumutu (at approximately 43°51.331′S and 172°22.278′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 140 g:

(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 10 g more than the minimum weight in respect of the immediately preceding 12-month period, until the minimum weight reaches 220 g, 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 25 mm in inside diameter, except that both ends of the tube may not be less than 29 mm in inside diameter.

(6)

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

Regulation 11N: substituted, on 4 December 1997, by regulation 5 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 2) 1997 (SR 1997/285).

Regulation 11N heading: substituted, on 14 January 2005, by regulation 3(1) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2004 (SR 2004/439).

Regulation 11N(1)(a)(i): amended, on 14 January 2005, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2004 (SR 2004/439).

Regulation 11N(1)(a)(ii): amended, on 14 January 2005, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2004 (SR 2004/439).

Regulation 11N(1)(a)(iii): amended, on 14 January 2005, by regulation 3(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2004 (SR 2004/439).

Regulation 11N(1)(a)(iv): substituted, on 14 January 2005, by regulation 3(3) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2004 (SR 2004/439).

Regulation 11N(2)(a): amended, on 29 January 2020, by regulation 4 of the Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292).

Regulation 11N(2)(a): amended, on 14 January 2005, by regulation 3(4) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2004 (SR 2004/439).

Regulation 11N(3): amended, on 14 January 2005, by regulation 3(4) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2004 (SR 2004/439).

Regulation 11N(4): amended, on 1 October 2001, by regulation 12 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 11N(4)(a): amended, on 14 January 2005, by regulation 3(4) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2004 (SR 2004/439).

Regulation 11N(4)(b): amended, on 14 January 2005, by regulation 3(4) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2004 (SR 2004/439).

Regulation 11N(5): amended, on 14 January 2005, by regulation 3(4) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2004 (SR 2004/439).

Regulation 11N(5): amended, on 1 October 2001, by regulation 12 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 11N(6): substituted, on 5 November 1998, by regulation 9 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 1998 (SR 1998/300).

11O Eel fishing in male short-finned eel migration area between 1 February and 31 May

(1)

No commercial fisher may—

(a)

take any eel from the male short-finned 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 300 g from the male short-finned 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 short-finned 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.

Regulation 11O: substituted, on 4 December 1997, by regulation 5 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 2) 1997 (SR 1997/285).

Regulation 11O heading: amended, on 5 November 1998, by regulation 10 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 1998 (SR 1998/300).

Regulation 11O(1)(a): substituted, on 5 November 1998, by regulation 10(1) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 1998 (SR 1998/300).

Regulation 11O(2)(a): substituted, on 5 November 1998, by regulation 10(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 1998 (SR 1998/300).

11P Labelling of eels taken from Lake Ellesmere (Te Waihora)

(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 short-finned 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 short-finned 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.

Regulation 11P: inserted, on 4 December 1997, by regulation 5 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 2) 1997 (SR 1997/285).

Regulation 11P heading: amended, on 14 January 2005, by regulation 6 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2004 (SR 2004/439).

Regulation 11P(1): amended, on 14 January 2005, by regulation 6 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2004 (SR 2004/439).

Regulation 11P(1)(d)(i): amended, on 14 January 2005, by regulation 6 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2004 (SR 2004/439).

Regulation 11P(1)(d)(ii): amended, on 14 January 2005, by regulation 6 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2004 (SR 2004/439).

Regulation 11P(2): amended, on 14 January 2005, by regulation 6 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2004 (SR 2004/439).

Regulation 11P(2)(b): amended, on 14 January 2005, by regulation 6 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2004 (SR 2004/439).

11Q Taking of eels from Lake Benmore and Rangitata Lagoon restricted

No commercial fisher may—

(a)

take eels from—

(i)

the waters of the Ahururi Arm of Lake Benmore, extending westward of a line drawn north-east 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.

Regulation 11Q: inserted, on 14 January 2005, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2004 (SR 2004/439).

11R Prohibition on taking kelp from East Otago taiapure

(1)

No commercial fisher may take any of the following species of kelp from the East Otago taiapure:

(a)

Durvillaea antarctica:

(b)

Durvillaea willana:

(c)

Ecklonia radiata:

(d)

Lessonia variegata:

(e)

Macrocystis pyrifera:

(f)

Marginariella boryana:

(g)

Marginariella urvilliana.

(2)

Subclause (1) does not apply to kelp that is unattached and cast ashore.

Regulation 11R: inserted, on 12 December 2019, by regulation 6 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2019 (LI 2019/266).

12 Offences

(1)

A person commits an offence and is liable on 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(1)(c), 7(1)(d), 10AA, 11G, 11K, or 11P(1).

(2)

A person commits an offence and is liable on 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(1)(a) and 7(1)(b), 7A, 8B, 10, 10A, 10B, 10BA, 10E, 11A, 11D to 11F, 11H(2) and (3), 11J, 11L to 11O, 11P(2), 11Q, or 11R.

Regulation 12: substituted, on 1 October 2001, by regulation 11 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273).

Regulation 12(1): amended, on 1 October 2013, by regulation 8(3) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2013 (SR 2013/327).

Regulation 12(1): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Regulation 12(1): amended, on 1 June 2009, by regulation 9(1)(a) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2009 (SR 2009/103).

Regulation 12(1): amended, on 1 June 2009, by regulation 9(1)(b) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2009 (SR 2009/103).

Regulation 12(1): amended, on 20 November 2008, by regulation 7 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2008 (SR 2008/407).

Regulation 12(1): amended, on 1 October 2007, by regulation 6 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2007 (SR 2007/249).

Regulation 12(2): amended, on 12 December 2019, by regulation 7 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2019 (LI 2019/266).

Regulation 12(2): amended, on 1 October 2013, by regulation 8(4) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2013 (SR 2013/327).

Regulation 12(2): amended, on 1 October 2013, by regulation 8(5) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2013 (SR 2013/327).

Regulation 12(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Regulation 12(2): amended, on 1 October 2010, by regulation 8 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2010 (SR 2010/298).

Regulation 12(2): amended, on 1 June 2009, by regulation 9(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2009 (SR 2009/103).

Regulation 12(2): amended, on 1 October 2008, by regulation 11(2) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/277).

Regulation 12(2): amended, on 14 January 2005, by regulation 5 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2004 (SR 2004/439).

Regulation 12(2): amended, on 21 October 2004, by regulation 4 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 2) 2004 (SR 2004/331).

Regulation 12(2): amended, on 2 October 2003, by regulation 5 of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 2) 2003 (SR 2003/226).

Regulation 12(2): amended, on 1 October 2002, by regulation 9(a) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2002 (SR 2002/277).

Regulation 12(2): amended, on 1 October 2002, by regulation 9(b) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2002 (SR 2002/277).

Regulation 12(2): amended, on 1 October 2002, by regulation 9(c) of the Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2002 (SR 2002/277).

13 Revocations

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).

P G Millen,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 4 September 1986.

Notes
1 General

This is a consolidation of the Fisheries (South-East Area Commercial Fishing) Regulations 1986 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

Fisheries (Hector’s and Māui Dolphin) Amendment Regulations 2022 (SL 2022/314): Part 3

Fisheries (Hector’s and Māui Dolphin) Amendment Regulations 2020 (LI 2020/199): Part 6

Fisheries (Co-ordinates) Amendment Regulations 2019 (LI 2019/292): regulation 4

Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2019 (LI 2019/266)

Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2018 (LI 2018/206)

Fisheries (Trawling) Amendment Regulations 2017 (LI 2017/157): regulation 14

Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2013 (SR 2013/327)

Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2012 (SR 2012/50)

Criminal Procedure Act 2011 (2011 No 81): section 413

Fisheries Regulations Revocation Order 2011 (SR 2011/96): clause 3

Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2010 (SR 2010/298)

Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2009 (SR 2009/103)

Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2008 (SR 2008/407)

Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 2) 2008 (SR 2008/277)

Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2008 (SR 2008/30)

Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2007 (SR 2007/249)

Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2004 (SR 2004/439)

Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 2) 2004 (SR 2004/331)

Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 2) 2003 (SR 2003/226)

Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2003 (SR 2003/142)

Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2002 (SR 2002/277)

Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2001 (SR 2001/273)

Fisheries (South-East Area Commercial Fishing) Amendment Regulations 2001 (SR 2001/67)

Fisheries (South-East Area Commercial Fishing) Amendment Regulations 1998 (SR 1998/300)

Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 2) 1997 (SR 1997/285)

Fisheries (South-East Area Commercial Fishing) Amendment Regulations 1997 (SR 1997/25)

Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 22 (SR 1996/383)

Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 21 (SR 1996/272)

Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 20 (SR 1995/236)

Fisheries Amendment Act 1995 (1995 No 51): section 8(2)

Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 19 (SR 1995/175)

Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 17 (SR 1994/174)

Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 15 (SR 1993/355)

Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 14 (SR 1993/282)

Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 10 (SR 1992/116)

Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 8 (SR 1991/163)

Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 4 (SR 1989/322)

Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 3 (SR 1988/320)

Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 2 (SR 1988/105)

Fisheries (South-East Area Commercial Fishing) Regulations 1986, Amendment No 1 (SR 1986/254)