Fisheries (Amateur Fishing) Regulations 1986

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3 Interpretation
  • In these regulations, unless the context otherwise requires,—

    Act means the Fisheries Act 1996

    amateur-fishing charter vessel operator means a person who receives payment or benefit to provide a vessel and a fishing guide in order to take fishers who are not commercial fishers on fishing trips

    black coral means a coelenterate of the order Antipatharia

    blue cod means the fish of which the scientific name is Parapercis colias

    blue moki means the fish of which the scientific name is Latridopsis ciliaris

    bob means a baited stocking or net sock that is capable of catching rock lobster

    brown bullhead catfish (commonly known as catfish) means a fish of which the scientific name is Ameiurus nebulosus

    butterfish means those fish of which the scientific names are Odax pullus and Odax cyanoallix

    cockle means the mollusc Chione (Austrovenus) stuchburyi

    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

    eel means the shortfin eel (Anguilla australis) and the longfin eel (Anguilla dieffenbachii)

    elephant fish means the fish of which the scientific name is Callorhynchus milii

    fishing gear includes any net, line, pot, bob, trap, dredge, apparatus, device, or thing that is used or is capable of being used for the purposes of taking fish

    fishing method means the way in which any fishing gear is used to take fish or any other practice that is likely to result in taking fish

    flatfish includes the following species:

    • (a) sand flounder (dab, white, diamond, or square flounder) (Rhombosolea plebeia):

    • (b) lemon sole (Pelotretis flavilatus):

    • (c) New Zealand sole (Peltorhamphus novaezeelandiae):

    • (d) flounder (yellow belly) (Rhombosolea leporina):

    • (e) brill (Colistium guntheri):

    • (f) turbot (Colistium nudipinnis):

    • (g) black flounder (Rhombosolea retiaria):

    • (h) greenback flounder (Rhombosolea tapirinia)

    fyke net means any net, fish trap, or part of a net that is used or is capable of being used to take eels; and includes a hinaki trap

    garfish means the fish of which the scientific name is Hyporhamphus ihi (commonly known as piper)

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

    herring means the yellow-eyed mullet (Aldrichetta forsteri); but does not include the pilchard or sardine, or the species of mullet known as Mugil cephalus or kanae

    hinaki trap means any fish trap capable of taking eels

    kahawai means the fish of which the scientific name is Arripis trutta

    kina means the shellfish of which the scientific name is Evechinus chloroticus (commonly known as the sea egg); and includes the purple urchin, of which the scientific name is Centrostephanus rodgersii

    kingfish means a fish of the species Seriola lalandi

    length, unless otherwise specified, means—

    • (a) [Revoked]

    • (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, the greatest diameter of the shell:

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

    line or lines means any line to which hooks, whether baited or not, are attached (whether the line is held in the hand or otherwise), which is set, moored, or placed, and that is capable of taking fish

    loop means a snare, lasso, or noose attached to a length of tubing that is used to take fish by being placed over the fish and being drawn tight

    mullet includes those fish of which the scientific names are Mugil cephalus (commonly known as the grey mullet), and Upeneichthys lineatus (commonly known as the goatfish or red mullet); but does not include the yellow-eyed mullet (Aldrichetta forsteri)

    mussel means the green mussel (Perna canaliculus), the blue mussel (Mystilus edulis aoteanus), and the horse mussel (Atrina zelandica)

    net means any net or part of a net used or capable of being used to take fish; but does not include a bob, ring pot, or whitebait net

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

    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

    packhorse rock lobster means the fish of which the scientific name is Jasus verreauxi (commonly known as the packhorse or green rock lobster), and includes any part thereof

    paua means ordinary paua (Haliotis iris), yellow foot paua (Haliotis australis), and virgin paua (Haliotis virginea)

    pilchard or sardine means the fish of which the scientific name is Sardinops neopilchardus; and includes the fish commonly known as spratt (Sprattus spp.)

    pipi means the mollusc Paphies australis

    quinnat salmon (also known as chinook salmon) means the fish of which the scientific name is Oncorhynchus tshawytscha

    red cod means the fish of which the scientific name is Pseudophycis bachus

    red gurnard means a fish of which the scientific name is Chelidonichthys kumu

    red moki means the fish of which the scientific name is Cheilodactylus spectabilis

    rig means the fish of which the scientific name is Mustelus lenticulatus

    ring pot or hoop net or pull pot means a circular frame across which netting is attached

    river, stream, or channel includes all waters that are contained by natural or artificial banks

    rock lobster pot means any pot, whether baited or not, that is capable of catching or holding rock lobsters; and includes any other device capable of catching, holding, or storing rock lobsters except a loop, bob, or ring pot

    set net includes a gill net, or any other sort of net which acts by enmeshing, entrapping, or entangling any fish

    snapper means the fish of which the scientific name is Chrysophrys auratus

    soft shell stage means the state of a rock lobster following moulting where the exoskeleton has not reached full hardness

    spear means any device or implement capable of puncturing the flesh or exoskeleton of any fish; but does not include any gaff or similar device used solely for the landing of any finfish

    spiny rock lobster means the fish of which the scientific name is Jasus edwardsii (commonly known as the spiny or red rock lobster), and includes any part thereof

    stalling means the process whereby a net is set anywhere in such a manner that any fish enclosed or entangled by the net is left stranded by the falling tide or is enclosed or entangled in such a manner that at any stage of the tide there is an insufficient depth of water at either end of the net to enable the fish to pass from the waters above the net to the waters below the net

    tarakihi means the fish of which the scientific name is Nemadactylus macropterus

    toheroa means the mollusc of which the scientific name is Paphies ventricosa

    trevally means the fish of which the scientific name is Caranx georgianus

    trumpeter means a fish of which the scientific name is Latris lineata

    tuatua means the mollusc Paphies subtriangulata and the mollusc Paphies donacina (commonly known as southern tuatua)

    underwater breathing apparatus means any apparatus capable of being used for providing breathable gases underwater, and includes any part of the apparatus; but does not include any snorkel.

    Regulation 3 Act: substituted, on 1 October 2001, by regulation 4 of the Fisheries (Amateur Fishing) Amendment Regulations (No 2) 2001 (SR 2001/254).

    Regulation 3 amateur-fishing charter vessel operator: inserted, on 1 October 2010, by regulation 4 of the Fisheries (Amateur Fishing) Amendment Regulations 2010 (SR 2010/294).

    Regulation 3 bob: inserted, on 16 December 2005, by regulation 3(1) of the Fisheries (Amateur Fishing) Amendment Regulations 2005 (SR 2005/322).

    Regulation 3 brown bullhead catfish: inserted, on 1 April 2007, by regulation 4 of the Fisheries (Amateur Fishing) Amendment Regulations 2007 (SR 2007/33).

    Regulation 3 fishing gear: amended, on 16 December 2005, by regulation 3(2) of the Fisheries (Amateur Fishing) Amendment Regulations 2005 (SR 2005/322).

    Regulation 3 groper: revoked, on 30 September 1993, by regulation 2(1) of the Fisheries (Amateur Fishing) Regulations 1986, Amendment No 5 (SR 1993/284).

    Regulation 3 hapuku/bass: inserted, on 30 September 1993, by regulation 2(2) of the Fisheries (Amateur Fishing) Regulations 1986, Amendment No 5 (SR 1993/284).

    Regulation 3 kingfish: inserted, on 30 September 1993, by regulation 2(2) of the Fisheries (Amateur Fishing) Regulations 1986, Amendment No 5 (SR 1993/284).

    Regulation 3 length paragraph (a): revoked, on 1 April 1990, by regulation 2(1) of the Fisheries (Amateur Fishing) Regulations 1986, Amendment No 1 (SR 1990/40).

    Regulation 3 loop: inserted, on 1 October 2009, by regulation 4(1) of the Fisheries (Amateur Fishing) Amendment Regulations (No 2) 2009 (SR 2009/239).

    Regulation 3 measuring device: revoked, on 1 April 1990, by regulation 2(2) of the Fisheries (Amateur Fishing) Regulations 1986, Amendment No 1 (SR 1990/40).

    Regulation 3 net: amended, on 16 December 2005, by regulation 3(3) of the Fisheries (Amateur Fishing) Amendment Regulations 2005 (SR 2005/322).

    Regulation 3 oyster: amended, on 1 October 1994, by regulation 2 of the Fisheries (Amateur Fishing) Regulations 1986, Amendment No 6 (SR 1994/178).

    Regulation 3 packhorse rock lobster: inserted, on 1 April 1990, by regulation 2(3) of the Fisheries (Amateur Fishing) Regulations 1986, Amendment No 1 (SR 1990/40).

    Regulation 3 red gurnard: inserted, on 1 April 2007, by regulation 4 of the Fisheries (Amateur Fishing) Amendment Regulations 2007 (SR 2007/33).

    Regulation 3 rock lobster pot: substituted, on 1 October 2009, by regulation 4(2) of the Fisheries (Amateur Fishing) Amendment Regulations (No 2) 2009 (SR 2009/239).

    Regulation 3 set net: amended, on 30 September 1993, by regulation 2(3) of the Fisheries (Amateur Fishing) Regulations 1986, Amendment No 5 (SR 1993/284).

    Regulation 3 spiny rock lobster: inserted, on 1 April 1990, by regulation 2(4) of the Fisheries (Amateur Fishing) Regulations 1986, Amendment No 1 (SR 1990/40).

    Regulation 3 trumpeter: inserted, on 1 April 2007, by regulation 4 of the Fisheries (Amateur Fishing) Amendment Regulations 2007 (SR 2007/33).

    Regulation 3 whitebait: revoked, on 26 September 1991, by regulation 2 of the Fisheries (Amateur Fishing) Regulations 1986, Amendment No 3 (SR 1991/172).

    Regulation 3 whitebait net: revoked, on 26 September 1991, by regulation 2 of the Fisheries (Amateur Fishing) Regulations 1986, Amendment No 3 (SR 1991/172).