PURSUANT to section 89 of the Fisheries Act 1983 and section 297 of the Fisheries Act 1996, Her Excellency the Administrator of the Government, acting by and with the advice and consent of the Executive Council, makes the following regulations.

1 Title and commencement

2 Interpretation

3 Restricted drag netting

4 New Schedule 2 added

Schedule
New Schedule 2 added to principal regulations

1 Title and commencement

(1) These regulations may be cited as the Fisheries (Auckland and Kermadec Areas Commercial Fishing) Amendment Regulations 1999, and are part of the Fisheries (Auckland and Kermadec Areas Commercial Fishing) Regulations 1986¹ (“the principal regulations”).

(2) These regulations come into force on the 28th day after the date of their notification in the Gazette.

2 Interpretation

Regulation 2(1) of the principal regulations is amended by adding to the definition of the term Act the words “or the Fisheries Act 1996”.

3 Restricted drag netting

Regulation 12 of the principal regulations is amended by adding the following subclauses:
- “(3) Tauranga Harbour: Subject to subclauses (4) and (5), no commercial fisher may use a drag net to take fish from the waters of Tauranga Harbour lying inside a straight line drawn from Panepane Point, being the easternmost point of Matakana Island (at 37° 38.32'S and 176° 09.67'E) to Stony Point, being the southernmost point of Mount Maunganui (at 37° 38.27'S and 176° 10.14'E), and those waters lying inside a straight line drawn from Papatu Point (at 37° 28.25'S and 175° 59.15'E) to the northernmost point of Matakana Island (at 37° 28.46'S and 175° 59.12'E).
- “(4) The permit holders named in Part 1 of Schedule 2 may use a drag net to take fish from Tauranga Harbour, but a permit holder may use only 1 fishing vessel at any 1 time to take those fish.
- “(5) The permit holders named in Part 2 of Schedule 2 may use a drag net to take from Tauranga Harbour fish specified in that Part as their target species, but a permit holder may use only 1 fishing vessel at any 1 time to take those fish.”

4 New Schedule 2 added

The principal regulations are amended by adding the Schedule 2 set out in the Schedule of these regulations.

Reg 4

Schedule 2

Reg 12(4), (5)

1
Permit holders allowed to take fish commercially using drag net in Tauranga Harbour

Permit Holder Client Number

Lockett, Roderick Owen 8431437

Mikaere, Ken 8431664

Parrott, William Harry Boyd 8431877

Wall, Murray John 8432543

Churcher, Perry James 8432998

Gread, Stephen Scott & Gread, Susan Ann 8730112

Kiddie, Brian George 9130059

Murray, David & Jacobs, Christopher & Nathan, Ross & Johnson, Ted 9330009

Mikaere, Leon Phillip & Mikaere, Kevin Leo & Mikaere, Joyce Rena 9430022

Stephens, Isaac William and van Eyk, Tony Gerard 9430013

2
Permit holders allowed to take target species commercially using drag net in Tauranga Harbour

Permit Holder Target Species Client Number

Clark, Michael David Garfish 8410438.

MARIE SHROFF,

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 28 days after the date of their notification in the Gazette, amend the Fisheries (Auckland and Kermadec Areas Commercial Fishing) Regulations 1986.

Regulation 2 updates the definition of the term Act to include the Fisheries Act 1996.

Regulation 3 amends regulation 12 of the principal regulations by restricting commercial drag netting in the Tauranga Harbour to those permit holders who have operated in the harbour over the last 5 years.

Regulation 4 adds a schedule to the principal regulations, which lists those permit holders allowed to use a drag net to take fish commercially in Tauranga Harbour.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 17 June 1999.

1 SR 1986/216

Fisheries (Auckland and Kermadec Areas Commercial Fishing) Amendment Regulations 1999