“76A Underwater breathing apparatus allowed when taking certain species

• “(1) This subclause applies to—

  • “(a) deepwater clam:

  • “(b) horse mussel:

  • “(c) sea cucumber:

  • “(d) kina, if taken from quota management area SUR4:

  • “(e) paua, if taken from quota management area PAU4.

  “(2) If a commercial fisher is carrying and operating an automatic location communicator on board a New Zealand fishing vessel that is being used for fishing for any of the species to which subclause (1) applies (the specified species), the commercial fisher may—

  • “(a) use or have underwater breathing apparatus when taking the specified species:

  • “(b) have underwater breathing apparatus when in possession of the specified species:

  • “(c) have underwater breathing apparatus on board the vessel for the purpose of taking the specified species.

  “(3) Nothing in subclause (2) allows a commercial fisher—

  • “(a) to use or have underwater breathing apparatus when taking fish, aquatic life, or seaweed other than the specified species; or

  • “(b) to have underwater breathing apparatus on board a vessel from which fish, aquatic life, or seaweed, other than the specified species, is taken.

  “(4) In this regulation,—

  “horse mussel means a shellfish of the species Atrina zelandica

  “quota management area PAU4 has the meaning set out in Part 3 of Schedule 1 of the Act

  “quota management area SUR4 means the area defined as fishery management area 4—South East (Chatham Rise) in Part 1 of Schedule 1 of the Act

  “sea cucumber means a holothurian of the species Stichopus mollis.”