Fisheries (Fishing-related Mortality Limits of Marine Mammals and Other Wildlife) Regulations 2022

Fisheries (Fishing-related Mortality Limits of Marine Mammals and Other Wildlife) Regulations 2022 Cindy Kiro, Governor-General Order in Council At Wellington this 28th day of November 2022 Present: Her Excellency the Governor-General in Council These regulations are made under sections 15, 297, and 298 of the Fisheries Act 1996— (a) on the advice and with the consent of the Executive Council; and (b) on the recommendation of the Minister for Oceans and Fisheries, made after complying with sections 12(1) and 15(2) of that Act. Contents Page 1 Title 2 2 Commencement 2 3 Interpretation 3 4 Transitional, savings, and related provisions 3 5 Application 3 Part 1 Fishing-related mortality limit of Hector’s dolphin or Māui dolphin in North Island 6 Māui dolphin habitat zone 3 7 Fishing-related mortality limit of Hector’s or Māui dolphin within Māui dolphin habitat zone 3 2022/313 1 http://legislation.govt.nz/pdflink.aspx?id=DLM395524 http://legislation.govt.nz/pdflink.aspx?id=DLM399599 http://legislation.govt.nz/pdflink.aspx?id=DLM399919 http://legislation.govt.nz/pdflink.aspx?id=DLM395504 http://legislation.govt.nz/pdflink.aspx?id=DLM395524 Part 2 Fishing-related mortality limits of Hector’s dolphin in South Island Cloudy Clifford zone limit 8 Cloudy Clifford zone 4 9 Fishing-related mortality limit of Hector’s dolphin within Cloudy Clifford zone 4 Kaikōura zone limit 10 Kaikōura zone 4 11 Fishing-related mortality limit of Hector’s dolphin within Kaikōura zone 5 Banks Peninsula zone limit 12 Banks Peninsula zone 5 13 Fishing-related mortality limit of Hector’s dolphin within Banks Peninsula zone 5 Timaru zone limit 14 Timaru zone 5 15 Fishing-related mortality limit of Hector’s dolphin within Timaru zone 6 Otago zone limit 16 Otago zone 6 17 Fishing-related mortality limit of Hector’s dolphin within Otago zone 6 South coast South Island zone limit 18 South coast South Island zone 6 19 Fishing-related mortality limit of Hector’s dolphin within south coast South Island zone 7 Schedule 1 Transitional, savings, and related provisions 8 Regulations 1 Title These regulations are the Fisheries (Fishing-related Mortality Limits of Marine Mammals and Other Wildlife) Regulations 2022. 2 Commencement These regulations come into force on 30 December 2022. r 1 Fisheries (Fishing-related Mortality Limits of Marine Mammals and Other Wildlife) Regulations 2022 2022/313 2 3 Interpretation In these regulations, unless the context otherwise requires,— Act means the Fisheries Act 1996 fishing year means a period of 12 months commencing on each 1 October Hector’s dolphin means a dolphin of the subspecies Cephalorhynchus hectori hectori Māui dolphin means a dolphin of the subspecies Cephalorhynchus hectori maui. 4 Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms. 5 Application These regulations apply in respect of a person taking or possessing any fish, aquatic life, or seaweed to which these regulations relate from, or in, New Zea‐ land fisheries waters. Part 1 Fishing-related mortality limit of Hector’s dolphin or Māui dolphin in North Island 6 Māui dolphin habitat zone In these regulations, the Māui dolphin habitat zone means the waters within the area bounded by a line— (a) commencing at the Cape Egmont lighthouse (at 39°16.575′S and 173°45.300′E); then (b) proceeding due west to the outer limit of the Territorial Sea (at 39°16.575′S and 173°29.583′E); then (c) proceeding in a generally northerly direction along the outer limit of the Territorial Sea to a point at 34°13.193′S and 172°40.780′E; then (d) proceeding due south to Cape Reinga (at 34°25.210′S and 172°40.780′E); then (e) proceeding in a generally southerly direction along the mean high-water mark of the west coast of the North Island to the starting point at Cape Egmont lighthouse (at 39°16.575′S and 173°45.300′E). 7 Fishing-related mortality limit of Hector’s or Māui dolphin within Māui dolphin habitat zone The fishing-related mortality limit of Hector’s dolphin or Māui dolphin within the Māui dolphin habitat zone is 1. 2022/313 Fisheries (Fishing-related Mortality Limits of Marine Mammals and Other Wildlife) Regulations 2022 Part 1 r 7 3 http://legislation.govt.nz/pdflink.aspx?id=DLM394191 Part 2 Fishing-related mortality limits of Hector’s dolphin in South Island Cloudy Clifford zone limit 8 Cloudy Clifford zone In these regulations, the Cloudy Clifford zone means the waters within the area bounded by a line— (a) commencing near Cape Jackson (at 41°00.758′S and 174°18.688′E); then (b) proceeding by a straight line in a north-easterly direction to a point at 40°45.770′S and 174°38.085′E; then (c) proceeding by a straight line in a southerly direction to a point at 41°04.425′S and 174°37.070′E; then (d) proceeding by a straight line in a south-westerly direction to a point at 41°17.802′S and 174°26.380′E; then (e) proceeding by a straight line in a south-easterly direction to a point at 41°43.424′S and 174°47.040′E; then (f) proceeding by a straight line in a westerly direction to a point near Cape Campbell (at 41°44.429′S and 174°16.524′E); then (g) proceeding in a generally northerly direction along the mean high-water mark to the starting point at Cape Jackson (at 41°00.758′S and 174°18.688′E). 9 Fishing-related mortality limit of Hector’s dolphin within Cloudy Clifford zone The fishing-related mortality limit of Hector’s dolphin within the Cloudy Clif‐ ford zone is 5 in any fishing year. Kaikōura zone limit 10 Kaikōura zone In these regulations, the Kaikōura zone means the waters within the area bounded by a line— (a) commencing near Cape Campbell (at 41°44.429′S and 174°16.524′E); then (b) proceeding by a straight line in an easterly direction to a point at 41°43.424′S and 174°47.040′E; then (c) proceeding by a straight line in an easterly direction to a point at 41°46.729′S and 175°16.908′E; then Part 2 r 8 Fisheries (Fishing-related Mortality Limits of Marine Mammals and Other Wildlife) Regulations 2022 2022/313 4 (d) proceeding by a straight line in a south-westerly direction to a point at 42°17.861′S and 174°38.981′E; then (e) proceeding by a straight line in a south-westerly direction to a point at 43°34.076′S and 174°00.207′E; then (f) proceeding by a straight line in a north-westerly direction to Motunau Beach (at 43°02.920′S and 173°03.940′E); then (g) proceeding in a generally northerly direction along the mean high-water mark to the starting point near Cape Campbell (at 41°44.429′S and 174°16.524′E). 11 Fishing-related mortality limit of Hector’s dolphin within Kaikōura zone The fishing-related mortality limit of Hector’s dolphin within the Kaikōura zone is 7 in any fishing year. Banks Peninsula zone limit 12 Banks Peninsula zone In these regulations, the Banks Peninsula zone means the waters within the area bounded by a line— (a) commencing at Motunau Beach (at 43°02.920′S and 173°03.940′E); then (b) proceeding by a straight line in a south-easterly direction to a point at 43°34.076′S and 174°00.207′E; then (c) proceeding by a straight line in a southerly direction to a point at 44°08.239′S and 173°42.827′E; then (d) proceeding by a straight line in a south-westerly direction to a point at 44°39.038′S and 173°04.080′E; then (e) proceeding by a straight line in a north-westerly direction to a point on the mean high-water mark (at 43°58.433′S and 171°59.322′E); then (f) proceeding in a generally northerly direction along the mean high-water mark to the starting point at Motunau Beach (at 43°02.920′S and 173°03.940′E). 13 Fishing-related mortality limit of Hector’s dolphin within Banks Peninsula zone The fishing-related mortality limit of Hector’s dolphin within the Banks Penin‐ sula zone is 20 in any fishing year. Timaru zone limit 14 Timaru zone In these regulations, the Timaru zone means the waters within the area boun‐ ded by a line— 2022/313 Fisheries (Fishing-related Mortality Limits of Marine Mammals and Other Wildlife) Regulations 2022 Part 2 r 14 5 (a) commencing at a point on the mean high-water mark (at 43°58.433′S and 171°59.322′E); then (b) proceeding by a straight line in a south-easterly direction to a point at 44°39.038′S and 173°04.080′E; then (c) proceeding by a straight line in a south-westerly direction to a point at 45°10.139′S and 172°24.954′E; then (d) proceeding by a straight line in a westerly direction to a point near Kaka‐ nui (at 45°10.720′S and 170°54.408′E); then (e) proceeding in a generally northerly direction along the mean high-water mark to the starting point on the mean high-water mark (at 43°58.433′S and 171°59.322′E). 15 Fishing-related mortality limit of Hector’s dolphin within Timaru zone The fishing-related mortality limit of Hector’s dolphin within the Timaru zone is 12 in any fishing year. Otago zone limit 16 Otago zone In these regulations, the Otago zone means the waters within the area bounded by a line— (a) commencing at a point near Kakanui (at 45°10.720′S and 170°54.408′E); then (b) proceeding by a straight line in an easterly direction to a point at 45°10.139′S and 172°24.954′E; then (c) proceeding by a straight line in a south-westerly direction to a point at 46°40.400′S and 170°31.400′E; then (d) proceeding by a straight line in a westerly direction near Nugget Point (at 46°27.150′S and 169°47.470′E); then (e) proceeding in a generally northerly direction along the mean high-water mark to the starting point near Kakanui (at 45°10.720′S and 170°54.408′E). 17 Fishing-related mortality limit of Hector’s dolphin within Otago zone The fishing-related mortality limit of Hector’s dolphin within the Otago zone is 2 in any fishing year. South coast South Island zone limit 18 South coast South Island zone In these regulations, the south coast South Island zone means the waters within the area bounded by a line— Part 2 r 15 Fisheries (Fishing-related Mortality Limits of Marine Mammals and Other Wildlife) Regulations 2022 2022/313 6 (a) commencing near Nugget Point (at 46°27.150′S and 169°47.470′E); then (b) proceeding by a straight line in an easterly direction to a point at 46°40.400′S and 170°31.400′E; then (c) proceeding by a straight line in a south-westerly direction to a point at 47°13.124′S and 168°59.433′E; then (d) proceeding by a straight line in a north-westerly direction to a point at 46°41.621′S and 167°53.610′E; then (e) proceeding by a straight line in a westerly direction to a point at 46°41.715′S and 166°49.514′E; then (f) proceeding by a straight line in a north-westerly direction to a point at 46°09.277′S and 165°59.063′E; then (g) proceeding by a straight line in a northerly direction to a point at 44°42.101′S and 166°20.308′E; then (h) proceeding by a straight line in a south-easterly direction to a point near Hawes Head (at 45°04.285′S and 167°03.193′E); then (i) proceeding in a generally southerly, then easterly direction along the mean high-water mark to the starting point at Nugget Point (at 46°27.150′S and 169°47.470′E). 19 Fishing-related mortality limit of Hector’s dolphin within south coast South Island zone The fishing-related mortality limit of Hector’s dolphin within the south coast South Island zone is 3 in any 2 consecutive fishing years. 2022/313 Fisheries (Fishing-related Mortality Limits of Marine Mammals and Other Wildlife) Regulations 2022 Part 2 r 19 7 Schedule 1 Transitional, savings, and related provisions r 4 Part 1 Provisions relating to these regulations as made 1 Fishing years In regulations 9, 11, 13, 15, 17, and 19, the first fishing year commences on 30 December 2022 and ends at the close of 30 September 2023. Rachel Hayward, 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 30 December 2022, address fishing-rela‐ ted adverse impacts on Hector’s and Māui dolphins. Part 1 sets out the existing fishing-related mortality limit for the North Island Māui dolphin habitat zone (the existing limit). The existing limit in the Fisheries (Amateur Fishing) Regulations 2013 and the Fisheries (Commercial Fishing) Regulations 2001 is revoked on 30 December 2022 by the Fisheries (Hector’s and Māui Dolphin) Amendment Regulations 2022. The existing limit is set out in these regulations so that all fishing-related mortality limits can be found in a single instrument. Part 2 establishes new fishing-related mortality limits for Hector’s dolphin in various South Island zones. Regulatory impact statement The Ministry for Primary Industries produced a regulatory impact statement in August 2022 to help inform the decisions taken by the Government relating to the contents of this instrument. A copy of this regulatory impact statement can be found at— • https://www.mpi.govt.nz/legal/regulatory-impact-statements/ • https://treasury.govt.nz/publications/informationreleases/ris Schedule 1 Fisheries (Fishing-related Mortality Limits of Marine Mammals and Other Wildlife) Regulations 2022 2022/313 8 http://legislation.govt.nz/pdflink.aspx?id=DLM3629900 http://legislation.govt.nz/pdflink.aspx?id=DLM3629900 http://legislation.govt.nz/pdflink.aspx?id=DLM76406 http://legislation.govt.nz/pdflink.aspx?id=LMS785797 http://legislation.govt.nz/pdflink.aspx?id=LMS785797 https://www.mpi.govt.nz/legal/regulatory-impact-statements/ http://www.treasury.govt.nz/publications/informationreleases/ria Issued under the authority of the Legislation Act 2019. Date of notification in Gazette: 1 December 2022. These regulations are administered by the Ministry for Primary Industries. Wellington, New Zealand: Published under the authority of the New Zealand Government—2022 2022/313 Fisheries (Fishing-related Mortality Limits of Marine Mammals and Other Wildlife) Regulations 2022 9 http://legislation.govt.nz/pdflink.aspx?id=DLM7298104