Fisheries (Amateur Fishing) Amendment Regulations 2009: revoked, on 1 February 2014, pursuant to regulation 161(1)(a) 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 (Amateur Fishing) Amendment Regulations 2009.

2 Commencement

These regulations come into force on 1 June 2009.

3 Principal regulations amended

These regulations amend the Fisheries (Amateur Fishing) Regulations 1986.

4 New regulations 15A and 15B inserted

The following regulations are inserted after regulation 15:
“15A Marking of pots

A person must not use or have on board any vessel or vehicle any pot, unless the pot and the buoy or float attached to the pot or float line are clearly and permanently marked with the person's surname and initials.
“15B Person and vessel limits on number of pots

“(1) The maximum number of pots that may be used, set, or possessed in New Zealand fisheries waters is,—

“(a) in the case of pots being used, set, or possessed by an individual (including an individual who is the only person on a vessel), 3 pots:

“(b) in the case of pots used, set, or possessed by 2 or more individuals from a vessel, 6 pots.

“(2) A person contravenes this subclause if the person (being an individual to whom subclause (1)(a) applies), on any day,—

“(a) uses, sets, or possesses—

“(i) 4 pots; or

“(ii) 5 or 6 pots; or

“(b) uses, sets, or possesses more than 6 pots.

“(3) A person contravenes this subclause if the person (being an individual to whom subclause (1)(b) applies), on any day,—

“(a) uses, sets, or possesses pots from or on a vessel so that—

“(i) more than 6 pots but not more than 9 pots are being used, set, or possessed on or from the vessel; or

“(ii) more than 9 pots but not more than 12 pots are being used, set, or possessed or on from the vessel; or

“(b) uses, sets, or possesses pots from or on a vessel so that more than 12 pots are being used, set, or possessed on or from the vessel.”

5 Rock lobster

Regulation 25(4) is revoked.

6 Apertures to be incorporated in rock lobster pots

Regulation 25B is amended by adding the following subclause:
- “(7) This regulation does not prohibit the use or possession of pots without escape apertures for taking species other than rock lobster.”

7 New regulation 25C substituted

Regulation 25C is revoked and the following regulation substituted:
“25C Octopus pots

A person must not use or have on board any vessel or vehicle any pot to take octopus unless the entrance to the pot is covered and secured by a latch or similar device so that an octopus must force its way into the pot.”

9 Offences and penalties

(1) Regulation 29(1) is amended by—
- (a) omitting “7 to 15” and substituting “7, 15A, 15B(2)(a), 15B(3)(a), 16”:
- (b) omitting “25(1), (1B), (2), (3), or (4)” and substituting “25(1), (1B), (2), or (3)”:
- (c) omitting “25C(2)(a), 25C(3)(a),” and substituting “25C,”.
(2) Regulation 29(2) is amended by—
- (a) omitting “6A(3),” and substituting “6A(3), 15B(2)(b), 15B(3)(b),”:
- (b) omitting “25C(2)(b), 25C(3)(b)”.

Michael Webster,
for 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 June 2009, amend the Fisheries (Amateur Fishing) Regulations 1986 by—

inserting new regulations 15A and 15B, which relate to the marking of pots and the person and vessel limits on the number of pots:
revoking regulation 25(4) because the requirements set out in this provision are now covered by new regulation 15A:
adding new subclause (7) to regulation 25B, which relates to the apertures required in rock lobster pots, to clarify that regulation 25B does not prohibit the use or possession of pots without apertures for taking species other than rock lobster:
substituting new regulation 25C, which prescribes the requirements for pots used for taking octopus:
consequentially amending regulation 29(1) and (2), which relate to offences and penalties.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 23 April 2009.

Reprints notes

1 General

This is a reprint of the Fisheries (Amateur Fishing) Amendment Regulations 2009 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)(a)

Fisheries (Amateur Fishing) Amendment Regulations 2009