Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No. 3), 2004

Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2004 Silvia Cartwright, Governor-General Order in Council At Wellington this 13th day of December 2004 Present: The Right Hon Helen Clark presiding in Council 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. Contents 1 Title 2 Commencement 3 Taking of eels from Lakes Forsyth and Ellesmere and Wainono Lagoon restricted 4 New regulation 11Q inserted 11Q Taking of eels from Lake Benmore and Rangitata Lagoon restricted 5 Offences 6 Further amendments to principal regulations Schedule Further amendments to principal regulations Regulations 1 Title (1) These regulations are the Fisheries (South-East Area Commercial Fishing) Amendment Regulations (No 3) 2004. (2) In these regulations, the Fisheries (South-East Area Commercial Fishing) Regulations 1986 SR 1986/219 are called "the principal regulations". 2 Commencement These regulations come into force on 14 January 2005. 3 Taking of eels from Lakes Forsyth and Ellesmere and Wainono Lagoon restricted (1) Regulation 11N of the principal regulations is amended by omitting the heading, and substituting the heading "Taking of eels restricted". (2) Regulation 11N(1)(a) of the principal regulations is amended by inserting, after the words "Lake Forsyth" wherever they appear, the word (Wairewa)". (3) Regulation 11N(1)(a) of the principal regulations is amended by revoking subparagraph (iv) and substituting the following subparagraph: "(iv) the Wainono Lagoon or the Waihao River, including any river or stream that flows into or from the Wainono Lagoon or the Waihao River, or any tributary of any river or stream that flows into or from the Wainono Lagoon or the Waihao River; or". (4) Regulation 11N(2), (3), (4), and (5) of the principal regulations is amended by inserting, after the words "Lake Ellesmere" wherever they appear, the words "(Te Waihora)". 4 New regulation 11Q inserted The principal regulations are amended by inserting, after regulation 11P, the following regulation: "11Q Taking of eels from Lake Benmore and Rangitata Lagoon restricted No commercial fisher may "(a) take eels from "(i) the waters of the Ahururi Arm of Lake Benmore, extending westward of a line drawn northeast from Turnagain Point to the south-westernmost part of the Peninsula lying to the north and east of Turnagain Island, including any river or stream or their tributaries that flow into that Arm,; or "(ii) the waters of the Rangitata Lagoon seaward of the Fish and Game New Zealand white marker posts situated at the upper estuarine area of the Rangitata Lagoon (north bank pole at 44o10.807'S and 171o30.299'E; south bank pole at 44o10.968'S and 171o29.874'E); or "(b) be in possession of any eel taken from those waters." 5 Offences Regulation 12(2) of the principal regulations is amended by omitting the words " or 11P(2)", and substituting the words "11P(2), or 11Q". 6 Further amendments to principal regulations The schedule sets out further amendments required to place names used in the principal regulations in order to give effect to changes that have been made in accordance with the New Zealand Geographic Board Act 1946. Schedule r 6 Further amendments to principal regulations Regulation 2(1) Insert in the definition of male shortfinned eel migration area, after the words "Lake Ellesmere", the words (Te Waihora)". Regulation 2A and heading to regulation 2A Insert after the words "Lake Ellesmere" the words "(Te Waihora)". Regulation 3 Insert in subclauses (2), (3), and (4), after the words "Lake Ellesmere", wherever the appear, the words "(Te Waihora)". Insert in subclause (3), after the words "Lake Forsyth", the word "(Wairewa)". Insert in subclause 4(b)(iii), after the words "Selwyn River", the word "/Waikirikiri". Regulation 5 Insert in subclause (1)(e), after the word "Ashburton", the word "/Hakatere". Insert in subclause (3)(b)(i), after the words "Lyttelton Harbour", the word "/Whakaraupo". Insert in subclause (3)(b)(ii), after the words "Port Levy", the words "(Potiriwi)/Koukourarata". Regulation 10A(1) Insert in paragraph (b), after the words "Stewart Island", the word "/Rakiura". Regulation 11D Insert in paragraph (c), after the words "Shag River", the word "(Waihemo)", and after the words "Shag River", the word (Waihemo)". Regulation 11P and heading to regulation 11P Insert after the words "Lake Ellesmere", wherever they appear, the words "(Te Waihora)". Insert in subclause (1)(d)(i), before the word "migration", the words "(Te Waihora)". Omit from subclause (1)(d)(ii) the word "Ellesmere" and substitute the words "Ellesmere (Te Waihora)". Diane Morcom, Clerk of the Executive Council. Issued under the authority of the Acts and Regulations Publication Act 1989. Date of notification in Gazette: 16 December 2004. These regulations are administered in the Ministry of Fisheries.