Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No. 2), 2008

Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2008 Anand Satyanand, Governor-General Order in Council At Wellington this 20th day of October 2008 Present: The Right Hon Helen Clark presiding in Council 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. Contents 1 Title 2 Commencement 3 Principal regulations amended 4 Set net fishing prohibited in certain areas from Clarence Point to Cape Jackson 5 Set net fishing prohibited in certain areas from Farewell Spit Lighthouse to Awarua Point 6 Finfishing prohibited in inner Queen Charlotte Sound 7 Certain fishing prohibited in inner Pelorus Sound 8 Drag netting prohibited in Queen Charlotte Sound 9 Trawling prohibited in certain areas from Clarence Point to Cape Jackson 10 Trawling prohibited in Queen Charlotte Sound and restricted in Pelorus Sound 11 Conditions for taking oysters 12 Taking mussels 13 Offences Regulations 1 Title These regulations are the Fisheries (Challenger Area Commercial Fishing) Amendment Regulations (No 2) 2008. 2 Commencement These regulations come into force on the 28th day after the date of their notification in the Gazette. 3 Principal regulations amended These regulations amend the Fisheries (Challenger Area Commercial Fishing) Regulations 1986. 4 Set net fishing prohibited in certain areas from Clarence Point to Cape Jackson (1) Regulation 2BC(1) is amended by revoking paragraphs (b) and (c) and substituting the following paragraphs: http://www.legislation.govt.nz/regulation/public/2008/0405/5.0/whole.html#DLM1689404#DLM1689404 http://www.legislation.govt.nz/regulation/public/2008/0405/5.0/whole.html#DLM1689404#DLM1689404 http://www.legislation.govt.nz/regulation/public/2008/0405/5.0/whole.html#DLM1689405#DLM1689405 http://www.legislation.govt.nz/regulation/public/2008/0405/5.0/whole.html#DLM1689405#DLM1689405 http://www.legislation.govt.nz/regulation/public/2008/0405/5.0/whole.html#DLM1689406#DLM1689406 http://www.legislation.govt.nz/regulation/public/2008/0405/5.0/whole.html#DLM1689406#DLM1689406 http://www.legislation.govt.nz/regulation/public/2008/0405/5.0/whole.html#DLM1689407#DLM1689407 http://www.legislation.govt.nz/regulation/public/2008/0405/5.0/whole.html#DLM1689407#DLM1689407 http://www.legislation.govt.nz/regulation/public/2008/0405/5.0/whole.html#DLM1689408#DLM1689408 http://www.legislation.govt.nz/regulation/public/2008/0405/5.0/whole.html#DLM1689408#DLM1689408 http://www.legislation.govt.nz/regulation/public/2008/0405/5.0/whole.html#DLM1689409#DLM1689409 http://www.legislation.govt.nz/regulation/public/2008/0405/5.0/whole.html#DLM1689409#DLM1689409 http://www.legislation.govt.nz/regulation/public/2008/0405/5.0/whole.html#DLM1689410#DLM1689410 http://www.legislation.govt.nz/regulation/public/2008/0405/5.0/whole.html#DLM1689410#DLM1689410 http://www.legislation.govt.nz/regulation/public/2008/0405/5.0/whole.html#DLM1689411#DLM1689411 http://www.legislation.govt.nz/regulation/public/2008/0405/5.0/whole.html#DLM1689411#DLM1689411 http://www.legislation.govt.nz/regulation/public/2008/0405/5.0/whole.html#DLM1689412#DLM1689412 http://www.legislation.govt.nz/regulation/public/2008/0405/5.0/whole.html#DLM1689412#DLM1689412 http://www.legislation.govt.nz/regulation/public/2008/0405/5.0/whole.html#DLM1689413#DLM1689413 http://www.legislation.govt.nz/regulation/public/2008/0405/5.0/whole.html#DLM1689413#DLM1689413 http://www.legislation.govt.nz/regulation/public/2008/0405/5.0/whole.html#DLM1689414#DLM1689414 http://www.legislation.govt.nz/regulation/public/2008/0405/5.0/whole.html#DLM1689414#DLM1689414 http://www.legislation.govt.nz/regulation/public/2008/0405/5.0/whole.html#DLM1689415#DLM1689415 http://www.legislation.govt.nz/regulation/public/2008/0405/5.0/whole.html#DLM1689415#DLM1689415 http://www.legislation.govt.nz/regulation/public/2008/0405/5.0/whole.html#DLM1689416#DLM1689416 http://www.legislation.govt.nz/regulation/public/2008/0405/5.0/whole.html#DLM1689416#DLM1689416 “(b) then proceeds due east 4 nautical miles to a point on the Challenger Fisheries Management Area boundary (at 42°10.00′S and 174°01.74′E); and “(c) then proceeds in a northerly direction in a line 4 nautical miles from the mean high water mark to a point on the Challenger Fisheries Management Area boundary (at 41°11.37′S and 174°27.76′E); and”. (2) Regulation 2BC(1) is amended by revoking paragraph (e) and substituting the following paragraph: “(e) then proceeds in a line 4 nautical miles from the mean high-water mark to a point 4 nautical miles due north of Cape Jackson light (at 40°55.62′S and 174°18.80′E); and”. 5 Set net fishing prohibited in certain areas from Farewell Spit Lighthouse to Awarua Point (1) Regulation 2BD(1) is amended by omitting “must not use a set net for fishing in the waters lying within 2 nautical miles from the mean high-water mark to the sea in” and substituting “must not, during the period commencing on 1 December in each year and ending on 28 February in the next year (both days inclusive), use a set net for fishing in the waters lying within an area bounded by”. (2) Regulation 2BD(1) is amended by revoking paragraphs (j) to (n) and substituting the following paragraphs: “(j) then follows a line in a generally southerly direction by the mean high-water mark to the Buller River east bank (at 41°43.93′S and 171°35.62′E); and “(k) then proceeds in a straight line to the Buller River west bank (at 41°43.93′S and 171°35.17′E); and “(l) then follows a line in a generally southerly direction by the mean high-water mark to the east bank of the Waitakere/Nile River (at 41°53.81′S and 171°26.71′E); and “(m) then proceeds in a straight line to the Waitakere/Nile River west bank (at 41°53.81′S and 171°26.62′E); and “(n) then follows a line in a generally southerly direction by the mean high-water mark to the north bank of the Grey River (at 42°26.32′S and 171°11.49′E); and”. (3) Regulation 2BD(1) is amended by revoking paragraphs (p) and (q) and substituting the following paragraphs: “(p) then follows a line in a generally southerly direction by the mean high-water mark to the north bank of the Hokitika River (at 42°43.22′S and 170°57.10′E); and “(q) then proceeds in a straight line to the south bank of the Hokitika River (at 42°43.31′S and 170°56.91′E); and”. (4) Regulation 2BD(1) is amended by revoking paragraph (t) and substituting the following paragraphs: “(t) then follows a line in a generally southerly direction by the mean high-water mark to the westernmost point of Awarua Point (at 44°15.60′S and 168°03.10′E); and “(u) then proceeds due west 2 nautical miles to a point on the Challenger Fisheries Management Area boundary (at 44°15.60′S and 168°00.26′E); and “(v) then proceeds in a northerly direction in a line 2 nautical miles from the mean high water mark to a point 2 nautical miles north of Farewell Spit Lighthouse (at 40°30.26′S and 173°00.50′E); and “(w) then proceeds due south to Farewell Spit Lighthouse to the point of commencement (at 40°32.70′S and 173°00.50′E).” 6 Finfishing prohibited in inner Queen Charlotte Sound Regulation 2C is amended by inserting the following subclause after subclause (2): “(2A) Subclause (2) applies despite regulation 2BC.” 7 Certain fishing prohibited in inner Pelorus Sound Regulation 2E(6) is amended by omitting “Koutuwai Point (at 41°12.65′S and 173°52.30′E)” and substituting “Koutuwai Point (at 41°12.53′S and 173°52.38′E)”. 8 Drag netting prohibited in Queen Charlotte Sound Regulation 3(1) is amended by omitting “Cape Koamaru (at 41°05.50′S and 174°23′E)” and substituting “Cape Koamaru (at 41°05.50′S and 174°23.00′E)”. 9 Trawling prohibited in certain areas from Clarence Point to Cape Jackson (1) Regulation 4(1) is amended by omitting “trawl” and substituting “use a trawl net for fishing”. (2) Regulation 4(1) is amended by revoking paragraphs (c) and (d) and substituting the following paragraphs: “(c) then proceeds in a northerly direction 2 nautical miles from the mean high-water mark to a point north-west of Cape Koamaru (at 41°03.53′S and 174°21.56′E); and “(d) then proceeds south-east to Cape Koamaru (at 41°05.50′S and 174°23.00′E); and”. (3) Regulation 4(1) is amended by revoking paragraphs (i) to (m) and substituting the following paragraph: “(i) then proceeds south along the line of the mean high-water mark to the point of commencement at Clarence Point (at 42°10.00′S and 173°56.00′E).” (4) Regulation 4 is amended by inserting the following subclause after subclause (1): “(1A) A commercial fisher must not use a trawl net for fishing in the waters lying within an area bounded by a line that— “(a) extends from Cape Jackson light (at 40°59.70′S and 174°18.80′E); and “(b) then proceeds to a point 2 nautical miles due north of Cape Jackson light (at 40°57.61′S and 174°18.80′E); and “(c) then proceeds in an easterly direction 2 nautical miles from the mean high water mark to a point 2 nautical miles south-east of Cape Jackson light (at 41°02.35′S and 174°20.75′E); and “(d) then proceeds in a line north-west to the point of commencement at Cape Jackson light (at 40°59.70′S and 174°18.80′E).” 10 Trawling prohibited in Queen Charlotte Sound and restricted in Pelorus Sound Regulation 7(1) is amended by omitting “Cape Koamaru (at 41°05.50′S and 174°23′E)” and substituting “Cape Koamaru (at 41°05.50′S and 174°23.00′E)”. 11 Conditions for taking oysters Regulation 12(1)(d) is amended by omitting “Adolphe Point (at 40°57.80′S and 173°04.20′E)” and substituting “Adolphe Point (at 40°57.65′S and 173°04.07′E)”. 12 Taking mussels Regulation 14(2) is amended by omitting “West Head (at 41°12.79′S and 174°18.93′E)” and substituting “West Head (at 41°12.79′S and 174°18.92′E)”. 13 Offences Regulation 15(2) is amended by omitting “2BD” and substituting “2BA, 2BC, 2BD”. Rebecca Kitteridge, Clerk of the Executive Council. Issued under the authority of the Acts and Regulations Publication Act 1989. Date of notification in Gazette: 23 October 2008. These regulations are administered by the Ministry of Fisheries.