Fisheries (South-East Area Amateur Fishing) Amendment Regulations 2010: revoked, on 1 February 2014, pursuant to regulation 161(1)(e) of the Fisheries (Amateur Fishing) Regulations 2013 (SR 2013/482).

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry for Primary Industries.

Pursuant to section 297 of the Fisheries Act 1996, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title

These regulations are the Fisheries (South-East Area Amateur Fishing) Amendment Regulations 2010.

2 Commencement

These regulations come into force on 1 October 2010.

3 Principal regulations amended

These regulations amend the Fisheries (South-East Area Amateur Fishing) Regulations 1986.

4 Interpretation

Regulation 3 is amended by inserting the following definition in its appropriate alphabetical order:

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

5 New regulation 3AB inserted

The following regulation is inserted after regulation 3A:
“3AB East Otago taiapure: maximum daily number of finfish

“(1) No person may, on any day,—

“(a) take more than 10 finfish from the southern part of the East Otago taiapure; or

“(b) possess more than 10 finfish in the southern part of the East Otago taiapure; or

“(c) possess more than 10 finfish taken from the southern part of the East Otago taiapure.

“(2) A person contravenes this subclause if the person, on any day, takes or possesses more than the maximum daily number of finfish specified in subclause (1), but not more than 3 times the maximum daily number.

“(3) A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the maximum daily number of finfish.

“(4) In this regulation, southern part of the East Otago taiapure means the area—

“(a) commencing at the easternmost point of Huriawa Peninsula (at 45°38.40′S and 170°40.47′E); and

“(b) then proceeding due east to a point (at 45°38.40′S and 170°40.69′E); and

“(c) then proceeding south-west to Brinns Point (at 45°40.32′S and 170°39.18′E); and

“(d) then proceeding south-west to a point on Warrington Spit (at 45°43.73′S and 170°36.00′E); and

“(e) then proceeding south-east to Potato Point (at 45°44.42′S and 170°38.30′E); and

“(f) then proceeding generally west and north along the mean high-water mark to the point of commencement.”

6 Unattended set nets in East Otago taiapure

Regulation 3E(2) is revoked.

7 New regulations 6DB to 6DE inserted

The following regulations are inserted after regulation 6DA:
“6DB East Otago taiapure: maximum daily number of paua

“(1) Despite regulation 19(1) of the Fisheries (Amateur Fishing) Regulations 1986, no person may, on any day,—

“(a) take more than 5 paua from the East Otago taiapure; or

“(b) possess more than 5 paua in the East Otago taiapure; or

“(c) possess more than 5 paua taken from the East Otago taiapure.

“(2) A person contravenes this subclause if the person, on any day, takes or possesses more than the maximum daily number of paua specified in subclause (1), but not more than 3 times the maximum daily number.

“(3) A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the maximum daily number of paua.
“6DC East Otago taiapure: maximum daily number of kina

“(1) Despite regulation 19(1) of the Fisheries (Amateur Fishing) Regulations 1986, no person may, on any day,—

“(a) take more than 10 kina from the East Otago taiapure; or

“(b) possess more than 10 kina in the East Otago taiapure; or

“(c) possess more than 10 kina taken from the East Otago taiapure.

“(2) A person contravenes this subclause if the person, on any day, takes or possesses more than the maximum daily number of kina specified in subclause (1), but not more than 3 times the maximum daily number.

“(3) A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the maximum daily number of kina.
“6DD East Otago taiapure: maximum daily number of shellfish

“(1) No person may, on any day,—

“(a) take more than 50 shellfish from the East Otago taiapure; or

“(b) possess more than 50 shellfish in the East Otago taiapure; or

“(c) possess more than 50 shellfish taken from the East Otago taiapure.

“(2) A person contravenes this subclause if the person, on any day, takes or possesses more than the maximum daily number of shellfish specified in subclause (1), but not more than 3 times the maximum daily number.

“(3) A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the maximum daily number of shellfish.
“6DE East Otago taiapure: taking of paua prohibited in Huriawa Peninsula area for 2-year period

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

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

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

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

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

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

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

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

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

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

8 Offences and penalties

(1) Regulation 8(1) is amended by inserting—
- (a) “3AB(2),” after “3A(6),”; and
- (b) “6DB(2), 6DC(2), 6DD(2), 6DE,” after “6DA,”.
(2) Regulation 8(2) is amended by inserting—
- (a) “3AB(3),” after “3A(7),”; and
- (b) “6DB(3), 6DC(3), 6DD(3),” after “6C(5),”.

Rebecca Kitteridge,
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 1 October 2010, amend the Fisheries (South-East Area Amateur Fishing) Regulations 1986.

The amendments—

impose a maximum daily number on finfish, paua, kina, and shellfish that can be taken or possessed in the East Otago taiapure:
impose a 2-year ban on taking or possessing paua in the Huriawa Peninsula area:
make consequential changes to the regulation providing for offences and penalties.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 2 September 2010.

Reprints notes

1 General

This is a reprint of the Fisheries (South-East Area Amateur Fishing) Amendment Regulations 2010 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/ .

4 Amendments incorporated in this reprint

Fisheries (Amateur Fishing) Regulations 2013 (SR 2013/482): regulation 161(1)(e)

Fisheries (South-East Area Amateur Fishing) Amendment Regulations 2010