Fisheries (Southland and Sub-Antarctic Areas Commercial Fishing) Amendment Regulations 2009
Fisheries (Southland and Sub-Antarctic Areas Commercial Fishing) Amendment Regulations 2009
Fisheries (Southland and Sub-Antarctic Areas Commercial Fishing) Amendment Regulations 2009
2009/105

Fisheries (Southland and Sub-Antarctic Areas Commercial Fishing) Amendment Regulations 2009
Anand Satyanand, Governor-General
Order in Council
At Wellington this 20th day of April 2009
Present:
His Excellency the Governor-General 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
Regulations
1 Title
These regulations are the Fisheries (Southland and Sub-Antarctic Areas Commercial Fishing) Amendment Regulations 2009.
2 Commencement
These regulations come into force 1 June 2009.
3 Principal regulations amended
These regulations amend the Fisheries (Southland and Sub-Antarctic Areas Commercial Fishing) Regulations 1986.
4 Interpretation
-
(1) Regulation 2(1) is amended by revoking the definition of blue cod pot.
(2) Paragraph (a) of the definition of Foveaux Strait Dredge Oyster Fishery in regulation 2(1) is amended by—
(a) omitting
“46°23.6′S and 167°52.52′E”
and substituting“46°23.49′S and 167°52.97′E”
; and
(b) omitting
“46°27.7′S and 167°51.3′E”
and substituting“46°27.59′S and 167°51.25′E”
; and
(c) omitting
“46°27.8′S and 167°50.6′E”
and substituting“46°27.60′S and 167°50.67′E”
; and
(d) omitting
“46°44.8′S and 167°42.4′E”
and substituting“46°44.74′S and 167°42.49′E”
.
(3) Paragraph (b) of the definition of Foveaux Strait Dredge Oyster Fishery in regulation 2(1) is amended by omitting
“47°0.9′S and 168°13.8′E”
and substituting“47°0.90′S and 168°13.70′E”
.(4) Regulation 2(1) is amended by revoking the definition of Southland and Sub-Antarctic Fishery Management Areas and substituting the following definition:
“Southland and Sub-Antarctic Fishery Management Areas means the fishery management areas described as Fishery Management Area 5—Southland and Fishery Management Area 6—Sub-Antarctic in Schedule 1 of the Fisheries Act 1996”.
(5) Paragraph (a) of the definition of Southland Concession Area in regulation 2(1) is amended by—
(a) omitting
“43°05′S and 170°16′2″E”
and substituting“43°06.52′S and 170°15.80′E”
; and
(b) omitting
“46°34′8″S and 169°35′E”
and substituting“46°34.66′S and 169°35.10′E”
.
5 Total prohibitions
-
(1) Regulation 3(1)(a) is amended by omitting
“44°34.30′S and 167°46.98′E”
and substituting“44°34.38′S and 167°46.88′E”
.(2) Regulation 3(1)(b) is amended by—
(a) omitting
“46°53.85′S and 168°09.76′E”
and substituting“46°53.80′S and 168°09.80′E”
; and
(b) omitting
“46°55.26′S and 168°11.45′E”
and substituting“46°55.23′S and 168°11.65′E”
.
6 Certain fishing methods prohibited in defined areas
-
(1) Regulation 3A(1) is amended by inserting
“net”
after“Danish seine”
.(2) Regulation 3A(1)(a) is amended by—
(a) omitting
“46°36.23′S and 168°22.26′E”
and substituting“46°36.13′S and 168°22.23′E”
; and
(b) omitting
“46°36.83′S and 168°21.62′E”
and substituting“46°36.73′S and 168°21.56′E”
.
(3) Regulation 3A(1)(b)(iv) is amended by—
(a) omitting
“45°01.51′S and 167°05.53′E”
and substituting“45°01.57′S and 167°05.55′E”
; and
(b) omitting
“45°03.21′S and 167°04.43′E”
and substituting“45°03.10′S and 167°04.71′E”
.
(4) Regulation 3A(1)(b)(x) is amended by omitting
“45°44.67′S and 166°26.70′E”
and substituting“45°44.30′S and 166°27.04′E”
.(5) Regulation 3A(1)(b)(xi) is amended by—
(a) omitting
“46°00.78′S and 166°28.37′E”
and substituting“46°00.45′S and 166°28.12′E”
; and
(b) omitting
“46°9.45′S and 166°36.34′E”
and substituting“46°09.38′S and 166°36.60′E”
.
(6) Regulation 3A(1)(c) is amended by—
(a) omitting
“46°51.55′S and 168°10.22′E”
and substituting“46°51.49′S and 168°10.27′E”
; and
(b) omitting
“46°54.83′S and 168°12.40′E”
and substituting“46°54.80′S and 168°12.36′E”
; and
(c) omitting
“46°55.73′S and 168°12.02′E”
and substituting“46°55.66′S and 168°12.06′E”
.
7 Restrictions on fishing in paua quota management areas
Regulation 3D(1) is revoked and the following subclause substituted:
-
“(1) No commercial fisher may take paua from more than 1 of the following quota management areas described in Schedule 1 of the Fisheries Act 1996 during the course of any fishing trip:
“(a) Quota management area PAU5A—Fiordland:
“(b) Quota management area PAU5B—Stewart Island:
“(c) Quota management area PAU5D—Southland and Otago.”
-
8 Regulation 3F revoked
Regulation 3F is revoked.
9 Tailing at sea permitted in specified area
Regulation 5(1) is amended by—
(a) omitting
“46°34.1′S and 169°34.1′E”
and substituting“46°34.66′S and 169°35.10′E”
; and
(b) omitting
“43°34.5′S and 169°34.7′E”
and substituting“43°35.36′S and 169°33.38′E”
.
10 Closed areas
-
(1) Regulation 6(a) is amended by—
(a) omitting
“46°45.1′S and 168°35.8′E”
and substituting“46°45.05′S and 168°35.80′E”
; and
(b) omitting
“46°46.4′S and 168°32.6′E”
and substituting“46°46.25′S and 168°32.60′E)”
.
(2) Regulation 6(b) is amended by—
(a) omitting
“47°54.2′S and 168°14.4′E”
and substituting“46°54.20′S and 168°14.40′E)”
; and
(b) omitting
“46°54.9′S and 168°13.6′E”
and substituting“46°54.78′S and 168°13.74′E”
; and
(c) omitting
“47°00.9′S and 168°13.8′E”
and substituting“47°00.90′S and 168°13.70′E”
.
(3) Regulation 6(c) is amended by omitting
“46°50.4′S and 168°05.6′E”
and substituting“46°50.26′S and 168°05.52′E”
.
11 Restrictions on taking shellfish (other than rock lobsters, oysters, or crabs)
Regulation 14(b) is amended by—
(a) omitting
“46°51.8′S and 168°08.7′E”
and substituting“46°51.70′S and 168°08.64′E”
; and
(b) omitting
“46°55.3′S and 168°11.5 E”
and substituting“46°55.23′S and 168°11.65′E”
.
12 Regulation 14A revoked
Regulation 14A is revoked.
13 Kina season and quotas
Regulation 15F(2) is amended by omitting
“46°17.7′S and 167°43.5′E”
and substituting“46°18.00′S and 167°43.51′E”
.
14 Offences
Regulation 16(1) is amended by omitting
“3F,”
.
Michael Webster,
for 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 1 June 2009, amend the Fisheries (Southland and Sub-Antarctic Areas Commercial Fishing) Regulations 1986, to—
correct descriptions of fishery management areas and co-ordinates; and
consequentially amend the offence provision (regulation 16) to omit the reference to regulation 3F.
Issued under the authority of the Acts and Regulations Publication Act 1989.
Date of notification in Gazette: 23 April 2009.
These regulations are administered by the Ministry of Fisheries.