“6 Special provisions relating to taking of rock lobster from quota management area CRA7

• “(1) Despite regulation 37 of the Fisheries (Commercial Fishing) Regulations 2001, but subject to regulation 41 of those regulations, any person authorised to take rock lobster from quota management area CRA7 may take or be in possession of or sell to a licensed fish receiver an undersize rock lobster, or undersize rock lobster tail, if—

  • “(a) the lobster is taken from quota management area CRA7; and

  • “(b) the length of the tail of the lobster is not less than 127 mm; and

  • “(c) the lobster is, or, if on board a fishing vessel, is to be, landed at a point lying within quota management area CRA7; and

  • “(d) the rock lobster is, or, if on board a fishing vessel, is to be, delivered and sold to a licensed fish receiver—

    • “(i) within the Otago Region; or

    • “(ii) outside the Otago Region, subject to the licensed fish receiver being approved by the chief executive under subclause (2) in accordance with the relevant conditions of any approval.

  “(2) The chief executive may, subject to any conditions the chief executive thinks fit, approve in writing any licensed fish receiver outside the Otago Region as a point to which rock lobster or rock lobster tails taken pursuant to subclause (1) may be delivered and sold.

  “(3) In subclause (1), a reference to an undersize rock lobster is a reference to a rock lobster that is undersize according to the provisions of regulation 37 of the Fisheries (Commercial Fishing) Regulations 2001.”

“7 Processing and sale of quota management area CRA7 rock lobster

• “(1) Any person who sells, possesses, or processes any rock lobster or rock lobster tail under regulation 6 must ensure that, except as otherwise authorised by these regulations,—

  • “(a) no rock lobster is tailed or processed unless it is alive immediately before tailing or processing commences:

  • “(b) all tailing and processing of rock lobster, or rock lobster tail, is carried out by a licensed fish receiver:

  • “(c) every rock lobster or rock lobster tail that is intended for export is—

    • “(i) exported directly from a licensed fish receiver; or

    • “(ii) delivered to an export transhipment point approved by the chief executive under subclause (2) in accordance with the relevant conditions of any approval:

  • “(d) every rock lobster or rock lobster tail that is intended for sale in New Zealand must be tagged or labelled, and the tag or label must—

    • “(i) be attached by a licensed fish receiver prior to the removal of the rock lobster from the licensed fish receiver's premises for the purpose of sale; and

    • “(ii) be secure and cannot be reused; and

    • “(iii) clearly show that the rock lobster was taken from quota management area CRA7; and

    • “(iv) clearly show a unique numerical or alphabetical identifier (or both) for each rock lobster.

  “(2) The chief executive may, subject to any conditions the chief executive thinks fit, approve in writing any premises or point within New Zealand as an export transhipment point to which rock lobster or rock lobster tails taken under regulation 6(1) may be sent by a licensed fish receiver.

  “(3) Any licensed fish receiver that processes rock lobster or rock lobster tail that is intended for sale in New Zealand must keep and maintain records detailing—

  • “(a) the unique numerical or alphabetical identifier (or both) of the tag or label attached to each rock lobster or rock lobster tail; and

  • “(b) the name and address of the person buying or otherwise acquiring each individually tagged or labelled rock lobster or rock lobster tail; and

  • “(c) the sales invoice number for each individually tagged or labelled rock lobster or rock lobster tail.

  “(4) No person may sell or possess rock lobster or rock lobster tail that is not tagged or labelled in accordance with regulation 7(1)(d), and that is intended for sale in New Zealand, unless the rock lobster or rock lobster tail is—

  • “(a) in the process of being taken under regulation 6(1) and has not yet reached a licensed fish receiver for tagging or labelling in accordance with regulation 7(1)(d); or

  • “(b) at the point of consumption.”