Fisheries (Amateur Fishing) Amendment Regulations (No 2) 2001: 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 eprint. See the notes at the end of this eprint for further details.

These regulations are administered in the Ministry for Primary Industries.

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

1 Title

(1) These regulations are the Fisheries (Amateur Fishing) Amendment Regulations (No 2) 2001.

(2) In these regulations, the Fisheries (Amateur Fishing) Regulations 1986¹ are called “the principal regulations”.

2 Commencement

These regulations come into force on 1 October 2001.

3 Application

Regulation 2 of the principal regulations is amended by omitting—
- (a) the word “fishermen”, and substituting the word “fishers”; and
- (b) the word “quota”, and substituting the words “catch entitlement”.

4 Interpretation

Regulation 3 of the principal regulations is amended by revoking the definition of Act, and substituting the following definition:

“Act means the Fisheries Act 1996.”

5 New regulations 6 and 6A substituted

The principal regulations are amended by revoking regulations 6 and 6A, and substituting the following regulations:

“6 Minimum net mesh size and species length

“(1) A person must not use a net to take a species of fish specified in the following table unless the net mesh size used is at least the minimum net mesh size specified for the species of fish in the following table:

Species of fish Minimum net mesh size (mm)

Blue cod —

Blue moki 115

Butterfish 108

Eels 12

Elephant fish 150

Flatfish 100

Garfish (piper) 25

Hapuku/bass —

Herrings 25

Kahawai 85

Kingfish 100

Mullet 85

Pilchard 25

Red cod 100

Red moki 115

Rig 150

Snapper 100

Tarakihi 100

Trevally 100

All others (excluding quinnat salmon) 100

“(2) A person must not take or be in possession of a species of fish specified in the following table that is less than the minimum length specified for the species of fish in the following table:

Species of fish Minimum species length

Blue cod 33

Blue moki 40

Butterfish 35

Eels —

Elephant fish —

Flatfish (except sand flounder) 25

Garfish (piper) —

Hapuku/bass —

Herrings —

Kahawai —

Kingfish 65

Mullet —

Pilchard —

Red cod 25

Red moki 40

Rig —

Sand flounder 23

Snapper 25

Tarakihi 25

Trevally 25

All others (excluding quinnat salmon) —

“6A Maximum daily number of eels

“(1) The maximum number of eels that may be taken or possessed by a person on any day is 6.

“(2) A person contravenes this subclause if the person, on any day, takes or possesses more than the daily limit of eels, but not more than 3 times the daily limit.

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

6 New regulation 10 substituted

The principal regulations are amended by revoking regulation 10, and substituting the following regulation:
“10 Stalling prohibited

“(1) A person must not set any net if stalling occurs as a result.

“(2) A person who sets a net must ensure that stalling does not occur while the net is set.”

7 Quinnat salmon fishing

Regulation 17 of the principal regulations is amended by revoking subclause (5), and substituting the following subclauses:
- “(5) The maximum number of quinnat salmon that may be taken or possessed by a person on any day is 4.
- “(5A) A person contravenes this subclause if the person, on any day, takes or possesses more than the daily limit of quinnat salmon, but not more than 3 times the daily limit.
- “(5B) A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the daily limit of quinnat salmon.”

8 New regulation 19 substituted

The principal regulations are amended by revoking regulation 19, and substituting the following regulation:

“19 Daily allowance of shellfish

“(1) The maximum number of shellfish that may be taken or possessed by a person on any day is the number specified in the following table:

Species of shellfish Maximum daily number (per person)

Cockles 150

Kina 50

Mussels 50

Oysters—dredge 50

—Pacific or rock 250

Paua—ordinary 10

—yellow foot 10

Pipi 150

Scallops 20

Tuatua 150

Others (whether of the same species or of different species) 50

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

“(3) A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the daily limit of a species of shellfish specified in the table in subclause (1).

“(4) The minimum length of shellfish (whether entire, chipped, or broken) that may be taken or possessed by any person on any day is specified in the following table:

Species of shellfish Minimum length (mm)

Cockles —

Kina —

Mussels —

Oysters—dredge as in subclause (5)

—Pacific or rock —

Paua—ordinary 125

—yellow foot 80

Pipi —

Scallops 100

Tuatua —

Others (whether of the same species or of a different species) —

“(5) A person must not take or possess any dredge oyster that can be passed through a rigid circular metal ring having a clear inside diameter of 58 mm.”

9 New regulation 22 substituted

The principal regulations are amended by revoking regulation 22, and substituting the following regulation:
“22 Taking, possessing, or disturbing toheroa

“(1) A person must not take, possess, or disturb toheroa.

“(2) A person contravenes this subclause if the person takes, possesses, or disturbs up to 50 toheroa.

“(3) A person contravenes this subclause if the person takes, possesses, or disturbs more than 50 toheroa.”

10 Rock lobster

(1) Regulation 25(1)(a) of the principal regulations is revoked.
(2) Regulation 25 of the principal regulations is amended by inserting, after subclause (1), the following subclauses:
- “(1A) The maximum number of rock lobsters that may be taken or possessed by a person on any day is 6.
- “(1B) A person contravenes this subclause if the person, on any day, takes or possesses more than the daily limit of rock lobsters, but not more than 3 times the daily limit.
- “(1C) A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the daily limit of rock lobsters.”

11 Undersize rock lobster

Regulation 25A(7) of the principal regulations is amended by omitting the words “the First Schedule to the Fisheries (Commercial Fishing) Regulations 1986 (as inserted by the Fisheries (Commercial Fishing) Regulations 1986, Amendment No 2)”, and substituting the words “Schedule 1 of the Fisheries (Commercial Fishing) Regulations 2001”.

12 Fish taken for hui, tangi, or other approved purpose

Regulation 27 of the principal regulations is amended by omitting the word “Director-General” wherever it appears, and substituting in each case the words “chief executive”.

13 New regulation 29 substituted

The principal regulations are amended by revoking regulation 29, and substituting the following regulation:
“29 Offences and penalties

“(1) A person commits an offence and is liable on summary conviction to a fine not exceeding $10,000 if the person contravenes, or fails to comply with, any of regulations 6, 6A(2), 7 to 15, 17(1), (2), (3), (4), (5), or (5A), 18, 19(2), (4), or (5), 20, 21, 22(2), 23, 24, 25(1) or (1B), 25B, or 26.

“(2) A person commits a serious non-commercial offence and is liable on summary conviction to a fine not exceeding $20,000 if the person contravenes, or fails to comply with, any of regulations 6A(3), 17(5B), 19(3), 22(3), 25(1C), or 28 (which are offences of exceeding 3 times the prescribed daily limit).

“(3) In the case of any person charged with being unlawfully in possession of more than the maximum number of any species of finfish, shellfish, or aquatic life to which the person is entitled, it is a defence if that person satisfies the court that the number of finfish, shellfish, or aquatic life in excess of the maximum was not taken in breach of these regulations.

“(4) In the case of any person charged with taking or being in possession of scallops during a closed season, it is a defence if that person satisfies the court that the scallops were washed ashore.”

14 Revocations

The following regulations are revoked:
- (a) regulations 3 and 7 of the Fisheries (Amateur Fishing) Regulations 1986, Amendment No 5 (SR 1993/284):
- (b) regulation 3 of the Fisheries (Amateur Fishing) Regulations 1986, Amendment No 6 (SR 1994/178):
- (c) regulation 3 of the Fisheries (Amateur Fishing) Amendment Regulations 2000 (SR 2000/77):
- (d) Fisheries (Amateur Fishing) Amendment Regulations (No 2) 2000 (SR 2000/243).

Martin Bell,

Acting 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 comes into force on 1 October 2001, amend the Fisheries (Amateur Fishing) Regulations 1986 by restructuring certain prohibitions and offences to reflect appropriate penalty levels.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 20 September 2001.

Eprint notes

1 General

This is an eprint of the Fisheries (Amateur Fishing) Amendment Regulations (No 2) 2001 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 About this eprint

This eprint is not an official version of the legislation under section 18 of the Legislation Act 2012.

3 Amendments incorporated in this eprint

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

1 SR 1986/221

Fisheries (Amateur Fishing) Amendment Regulations (No 2) 2001