Fisheries (South-East Area Amateur Fishing) Amendment Regulations (No 2) 2009: 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 (No 2) 2009.

2 Commencement

These regulations come into force on 1 October 2009.

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 definitions in their appropriate alphabetical order:

“Akaroa Harbour taiapure means the area described in the Schedule of the Fisheries (Akaroa Harbour Taiapure) Order 2006

“cat's eye means the shellfish of the species Turbo smaragdus

“Onawe Peninsula marine area means the area described in the Schedule

“sea horse means a fish of the genus Hippocampus

“sea perch or Jock Stewart means a fish of the genus Helicolenus”.

5 New regulations 6C, 6D, and 6DA inserted

The following regulations are inserted after regulation 6B:
“6C Akaroa Harbour taiapure: maximum daily number of fish

“(1) The following table sets out the maximum daily number of particular species of fish that may be taken or possessed in the Akaroa Harbour taiapure in accordance with subclause (2):

Species Maximum daily number

Blue cod 3

Blue moki 3

Butterfish 3

Cat's eye 20

Cockle 20

Red cod 3

Rock lobster 3

Sea perch (Jock Stewart) 3

Trumpeter 3

“(2) No person may, on any day,—

“(a) take from the taiapure more fish of a species specified in the first column of the table in subclause (1) than the maximum daily number specified in respect of that species in the second column of the table; or

“(b) possess more than the specified maximum daily number of fish of a specified species in the taiapure; or

“(c) possess more than the specified maximum daily number of fish of a specified species taken from the taiapure.

“(3) No person may, on any day,—

“(a) take more than 10 finfish from the taiapure; or

“(b) possess more than 10 finfish in the taiapure; or

“(c) possess more than 10 finfish taken from the taiapure.

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

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

“(6) This regulation overrides regulation 3A.
“6D Akaroa Harbour taiapure: prohibition on taking or possessing sea horse

No person may—

“(a) take a sea horse from the Akaroa Harbour taiapure; or

“(b) possess a sea horse in the taiapure; or

“(c) possess a sea horse that has been taken from the taiapure.
“6DA Onawe Peninsula marine area: prohibition on taking or possessing shellfish

No person may—

“(a) take shellfish from the Onawe Peninsula marine area; or

“(b) possess shellfish in the marine area; or

“(c) possess shellfish that has been taken from the marine area.”

Species	Maximum daily number
Blue cod	3
Blue moki	3
Butterfish	3
Cat's eye	20
Cockle	20
Red cod	3
Rock lobster	3
Sea perch (Jock Stewart)	3
Trumpeter	3

6 Offences and penalties

(1) Regulation 8(1) is amended by inserting “6C(4), 6D, 6DA,” after “3B to 6B,”.

(2) Regulation 8(2) is amended by inserting “6C(5),” after “3A(7),”.

7 New Schedule added

The Schedule set out in the Schedule to these regulations is added.

r 7

Schedule
Onawe Peninsula marine area

r 3

All the marine and estuarine waters surrounding Onawe Peninsula in Akaroa Harbour that are enclosed by a line—

(a) commencing at a point east of the southernmost point of Onawe Flat Road on the eastern coast of Onawe Peninsula at 43°45.79′S and 172°55.63′E; then

(b) proceeding in a north-easterly direction for 50m to a point at 43°45.78′S and 172°55.67′E; then

(c) proceeding south and then north along a line every point of which is 50m from the mean high-water springs mark of Onawe Peninsula to a point 50m off the coast on the western side of the peninsula at 43°45.82′S and 172°55.54′E; then

(d) proceeding in a north-easterly direction for 50m to a point south-west of the most southern point of Onawe Flat Road on the western coast of Onawe Peninsula at 43°45.80′S and 172°55.58′E.

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 2009, amend the Fisheries (South-East Area Amateur Fishing) Regulations 1986. These regulations insert new regulations 6C, 6D, and 6DA that apply specifically to the Akaroa Harbour taiapure. New regulation 6C—

sets the maximum daily bag limit for red and blue cod, blue moki, butterfish, rock lobster, sea perch, and trumpeter at 3; and
sets the maximum daily bag limit for cat's eyes and cockles at 20; and
specifies a combined maximum daily bag limit of 10 for finfish.

New regulation 6D prohibits the taking of sea horse from the taiapure or the possession of sea horse taken from the taiapure. New regulation 6DA prohibits the taking of shellfish from the Onawe Peninsula marine area or the possession of shellfish taken from the area. The area is within the taiapure and extends to 50 m offshore of the peninsula.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 27 August 2009.

Reprints notes

1 General

This is a reprint of the Fisheries (South-East Area Amateur Fishing) Amendment Regulations (No 2) 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)(e)

Fisheries (South-East Area Amateur Fishing) Amendment Regulations (No 2) 2009