However, a person may possess finfish in that taiapure in another state if the finfish is to be immediately eaten on the fishing vessel from which it was taken.

(3)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

(4)

It is a defence to a charge of contravening subclause (1) if the defendant satisfies the court that the finfish to which the charge relates were taken outside the East Otago taiapure.

129C Prohibition on taking kelp from East Otago taiapure

(1)

A person must not 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.

(3)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

7 Regulation 134 amended (Restriction on using set net in East Otago taiapure)

(1)

In the heading to regulation 134, replace “Restriction” with “Prohibition”.

(2)

Replace regulation 134(1) with:

(1)

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

(3)

Revoke regulation 134(3).

8 Regulation 161 amended (Revocations)

After regulation 161(2), insert:

(3)

The following notices are revoked:

(a)

Fisheries (Huriawa Peninsula Paua Harvest Closure) Notice 2016 (Gazette 2016-go5055):

(b)

Fisheries (Mapoutahi Peninsula Paua Harvest Closure) Notice 2016 (Gazette 2016-go5067).

9 Schedule 1 replaced

Replace Schedule 1 with the Schedule 1 set out in the Schedule of these regulations.

10 Schedule 19 amended

(1)

In Schedule 19, Part 5, items relating to regulation 121(3), delete “or paua”.

(2)

In Schedule 19, Part 5, after the item relating to regulation 129, insert:

r 129A(1)	Taking or possessing paua from, or possessing paua in, East Otago taiapure	250
r 129B(1)	Possessing finfish in the East Otago taiapure except in a whole or gutted state	250
r 129C(1)	Taking prohibited species of kelp from East Otago taiapure	250

(3)

In Schedule 19, Part 5, item relating to regulation 134(1), replace “Leaving set net unattended” with “Using a set net”.

Schedule Schedule 1 replaced

r 9

Schedule 1 Daily limits for shellfish

rr 12, 14–16

Species		Daily limit (per person)
Cockle		150
Kina		50
Mussel		50
Dredge oyster		50
Pacific oyster or rock oyster		250
Ordinary paua (except ordinary paua taken from PAU3 or PAU7)		10
Ordinary paua taken from PAU3 or PAU7		5
Yellowfoot paua (except yellowfoot paua taken from PAU3 or PAU7)		10
Yellowfoot paua taken from PAU3 or PAU7		5
Pipi		150
Scallop		20
Tuatua		150
Any other shellfish (whether of the same or different species)		50

Michael Webster,
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 12 December 2019, amend the Fisheries (Amateur Fishing) Regulations 2013. These regulations apply to people who are not commercial fishers. The amendments—

decrease the accumulation limit for paua taken from PAU3 and PAU7 quota management areas from 20 paua to 10, and from a shucked weight of 2.5kg to 1.25kg; and
prohibit taking or possessing paua from, or possessing paua in, the East Otago taiapure; and
prohibit the possession of finfish in the East Otago taiapure unless they are in a whole or gutted state, or are going to be immediately eaten on the fishing vessel from which they were taken; and
prohibit taking certain species of kelp from the East Otago taiapure; and
prohibit the use of set nets for fishing within the East Otago taiapure; and
revoke the Fisheries (Huriawa Peninsula Paua Harvest Closure) Notice 2016 and the Fisheries (Mapoutahi Peninsula Paua Harvest Closure) Notice 2016; and
decrease the daily limit for ordinary paua and yellowfoot paua taken from the PAU3 and PAU7 quota management areas from 10 paua to 5.

Regulatory impact assessment

The Ministry for Primary Industries produced a regulatory impact assessment on 25 July 2019 to help inform the decisions taken by the Government relating to the contents of these regulations that decrease the daily limit and accumulation limit for paua taken from PAU3 and PAU7.

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

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 14 November 2019.

These regulations are administered by the Ministry for Primary Industries.

Fisheries (Amateur Fishing) Amendment Regulations 2019