1	Title
2	Commencement
3	Principal regulations
4	Regulation 71 amended (Trawl net restrictions)
5	Regulation 76A amended (Underwater breathing apparatus allowed when taking certain species)
6	Regulation 80 replaced (Use of spears prohibited)
	80	Use of spears prohibited
7	Regulation 84 amended (Offences)
	Explanatory note
	Administrative Information

Regulations

1 Title

These regulations are the Fisheries (Commercial Fishing) Amendment Regulations 2025.

2 Commencement

These regulations come into force on 10 April 2025.

3 Principal regulations

These regulations amend the Fisheries (Commercial Fishing) Regulations 2001.

4 Regulation 71 amended (Trawl net restrictions)

Replace regulation 71(5) with:

(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 is fishing for or intends to fish for scampi or prawn killer.

5 Regulation 76A amended (Underwater breathing apparatus allowed when taking certain species)

After regulation 76A(1)(c), insert:

(ca)

scallop:

6 Regulation 80 replaced (Use of spears prohibited)

Replace regulation 80 with:

80 Use of spears prohibited

(1)

Commercial fishers must not use spears to take fish and must not possess fish that have been speared in—

(a)

fishery management area 1—Auckland (East):

(b)

fishery management area 6—Sub-Antarctic:

(c)

fishery management area 9—Auckland (West):

(d)

fishery management area 10—Kermadec.

(2)

See the following regulations where the use of spears is prohibited in defined areas:

(a)

Fisheries (South-East Area Commercial Fishing) Regulations 1986:

(b)

Fisheries (Southland and Sub-Antarctic Areas Commercial Fishing) Regulations 1986:

(c)

Fisheries (Challenger Area Commercial Fishing) Regulations 1986:

(d)

Fisheries (Central Area Commercial Fishing) Regulations 1986.

7 Regulation 84 amended (Offences)

In regulation 84(2), replace “80” with “80(1)”.

Rachel Hayward,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations but is intended to indicate their general effect.

These regulations, which come into force on 10 April 2025, amend the Fisheries (Commercial Fishing) Regulations 2001 (the principal regulations).

Regulation 71 of the principal regulations restricts commercial fishers using trawl nets in certain circumstances. Regulation 71(5) provides an exception to these restrictions if a commercial fisher is fishing for, or intends to fish for, scampi or prawn killer. Regulation 4 replaces regulation 71(5) to remove the requirement for the commercial fisher to notify the chief executive in writing of the fisher’s intention to fish for scampi or prawn killer. This requirement has been superseded by other electronic reporting requirements.

Regulation 76A provides for the use of underwater breathing apparatus when a commercial fisher is taking certain species. Regulation 5 amends regulation 76A(1) to include scallop as one of those species.

Regulation 80 prohibits the use of spears by commercial fishers. Regulation 6 replaces regulation 80. New regulation 80 continues to prohibit the use of spears in specified fishery management areas and refers to other regulations that prohibit the use of spears in defined areas.

Regulation 84 sets out offences for contravening or failing to comply with specified regulations. Regulation 7 amends regulation 84(2) to include an offence for contravening or failing to comply with new regulation 80(1).

Regulatory impact statement

The Ministry for Primary Industries produced a regulatory impact statement on 25 May 2023 to help inform the decisions taken by the Government relating to the contents of this instrument.

A copy of this regulatory impact statement can be found at—

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 13 March 2025.

These regulations are administered by the Ministry for Primary Industries.

Fisheries (Commercial Fishing) Amendment Regulations 2025