Fisheries (Commercial Fishing) Regulations 2001

Trawl nets

71 Trawl net restrictions

(1)

A commercial fisher must not use for fishing, or have on board a fishing vessel, a trawl net if,—

(a)

in the case of a trawl net that includes mesh, the trawl net has any 1 or more of the following features:

(i)

more than 1 layer of mesh:

(ii)

liners, sleeves, or flappers of any material:

(iii)

a method of strengthening with centres less than 1 m:

(iv)

net mesh size less than 100 mm unless a fishing permit authorises the use or possession of the mesh:

(b)

in any other case, the chief executive has not approved the trawl net for use under regulation 71A.

(2)

Subclause (1)(a) does not prohibit a commercial fisher from using for fishing or possessing on a vessel a trawl net that has been approved for use under regulation 71A.

(3)

Subclause (1) does not prohibit the use of chafer gear on the underside of a trawl net if the after end of the chafer or chafing gear—

(a)

is, and remains, detached from the trawl net; and

(b)

is attached in a manner that will readily allow the escape of small fish through the mesh of the cod-end.

(4)

Subclause (1) does not prohibit a commercial fisher from having trawl nets on a vessel if—

(a)

the nets may lawfully be used by the commercial fisher from that vessel in another area of New Zealand fisheries waters; and

(b)

the vessel is to be used or has been used on that voyage to fish in that area.

(5)

Subclause (1) does not prohibit a commercial fisher from using for fishing or possessing on a vessel trawl nets with a mesh not less than 80 mm in the body of the net, and not less than 55 mm in the cod-end of the net, if the fisher—

(a)

is fishing for or intends to fish for scampi or prawn killer; and

(b)

has notified the chief executive in writing of the fisher’s intention to fish for scampi or prawn killer in that fishing year.

Compare: SR 1986/215 r 47

Regulation 71(1): replaced, on 1 October 2017, by regulation 6 of the Fisheries (Trawling) Amendment Regulations 2017 (LI 2017/157).

Regulation 71(2): replaced, on 1 October 2017, by regulation 6 of the Fisheries (Trawling) Amendment Regulations 2017 (LI 2017/157).

Regulation 71(5): added, on 1 October 2004, by regulation 3 of the Fisheries (Commercial Fishing) Amendment Regulations (No 3) 2004 (SR 2004/329).

Regulation 71(5)(a): amended, on 1 October 2007, by regulation 5 of the Fisheries (Commercial Fishing) Amendment Regulations (No 2) 2007 (SR 2007/252).

Regulation 71(5)(b): amended, on 1 October 2007, by regulation 5 of the Fisheries (Commercial Fishing) Amendment Regulations (No 2) 2007 (SR 2007/252).