(1) These regulations may be cited as the Fisheries (South-East Area Amateur Fishing) Regulations 1986.

(2) These regulations shall come into force on the 14th day after the date of their notification in the Gazette.

These regulations apply in respect of all persons taking or possessing any fish to which these regulations relate, other than commercial fishers taking or possessing fish under a permit, licence, quota, or other authorisation issued or granted under the Act or any regulations made under the Act.

In these regulations, unless the context otherwise requires,—

(1) The following table sets out the maximum daily number of particular species of fish that may be taken or possessed in accordance with subclauses (2), (3), and (3A):

(2) No person may, on any day,—

• (a) take from within the South-East fishery management area any fish in excess of the maximum daily number specified in respect of that fish in the table set out in subclause (1); or

• (b) possess more than the specified maximum daily number of any such fish in that area; or

• (c) possess more than the specified maximum daily number of any such fish taken from within that area.

(3) No person may, on any day,—

• (a) take from within the South-East fishery management area more than 30 fish to which the table set out in subclause (1) applies; or

• (b) possess more than 30 of any such fish in that area; or

• (c) possess more than 30 of any such fish taken from within that area.

(3A) No person may, on any day,—

• (a) take from the Kaikoura–North Canterbury area more than 10 blue cod; or

• (b) possess more than 10 blue cod in that area; or

• (c) possess more than 10 blue cod taken from within that area.

(4) No person may, on any day,—

• (a) take from within the South-East fishery management area a total quantity of hapuku/bass and kingfish exceeding 5; or

• (b) possess a total quantity of hapuku/bass and kingfish exceeding 5 in that area; or

• (c) possess a total quantity of hapuku/bass and kingfish exceeding 5 taken from within that area.

(5) No person may, on any day,—

• (a) take from within the South-East fishery management area more than 3 kingfish; or

• (b) possess more than 3 kingfish in that area; or

• (c) possess more than 3 kingfish taken from within that area.

(6) A person contravenes this subclause if the person, on any day, takes or possesses more than the daily limit of fish (as specified in this regulation), but not more than 3 times the daily limit.

(7) A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the daily limit of fish (as specified in this regulation).

(1) No person may, on any day,—

• (a) take more than 10 finfish from the southern part of the East Otago taiapure; or

• (b) possess more than 10 finfish in the southern part of the East Otago taiapure; or

• (c) possess more than 10 finfish taken from the southern part of the East Otago taiapure.

(2) A person contravenes this subclause if the person, on any day, takes or possesses more than the maximum daily number of finfish specified in subclause (1), but not more than 3 times the maximum daily number.

(3) A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the maximum daily number of finfish.

(4) In this regulation, southern part of the East Otago taiapure means the area—

• (a) commencing at the easternmost point of Huriawa Peninsula (at 45°38.40′S and 170°40.47′E); and

• (b) then proceeding due east to a point (at 45°38.40′S and 170°40.69′E); and

• (c) then proceeding south-west to Brinns Point (at 45°40.32′S and 170°39.18′E); and

• (d) then proceeding south-west to a point on Warrington Spit (at 45°43.73′S and 170°36.00′E); and

• (e) then proceeding south-east to Potato Point (at 45°44.42′S and 170°38.30′E); and

• (f) then proceeding generally west and north along the mean high-water mark to the point of commencement.

Notwithstanding regulation 6 of the Fisheries (Amateur Fishing) Regulations 1986, the mesh size of any set net used or possessed by any person in the South-East fishery management area shall not be less than the appropriate size specified in the following table:

Notwithstanding regulation 6 of the Fisheries (Amateur Fishing) Regulations 1986, no person shall take from the South-East fishery management area any blue cod that is less than 30 cm in length or possess any blue cod taken from that area that is less than 30 cm in length.

(1) No person shall, during the period commencing 1 hour before sunset on any day and ending 1 hour after sunrise on the following day, use a set net in the following waters:

• (a) [Revoked]

• (b) [Revoked]

(2) No person shall use a set net in the following waters:

• (a) upper Otago Harbour: all those waters of the upper harbour which lie to the north and west of a line from Burns Point (at 45°53.20′S and 170°31.60′E) to a point on the low tide training wall (at 45°52.62′S and 170°31.70′E); then generally in a north-easterly direction along the low tide training wall to a point (at 45°50.18′S and 170°36.08′E); then to Kilgour Point (at 45°49.96′S and 170°36.15′E):

• (b) Port Chalmers: all those waters in the lower harbour in the vicinity of Port Chalmers which lie to the west of a line from Back Beach Point (at 45°49.21′S and 170°37.67′E), to a beacon (at 45°49.26′S and 170°37.92′E); then to the shore at Rocky Point (at 45°48.35′S and 170°37.70′E):

• (c) [Revoked]

• (d) [Revoked]

• (e) Catlins Lake: all those waters of the Catlins Lake and tributaries running into the Catlins Lake that lie up stream of the main road bridge commencing at a point (at 46°28.50′S and 169°45.60′E); then in a southerly direction to 46°28.60′S and 169°45.60′E.

(1) A person using a set net in East Otago taiapure must, at all times, remain in the immediate vicinity of the set net.

(1A) Subclause (1) does not authorise the use of a set net in any part of the East Otago taiapure that is within the area defined in regulation 6E.

(2) [Revoked]

No person shall use any net, other than a fyke net, for taking finfish in the following waters:

• (a) the Kaiapoi River or its tributaries upstream from the Williams Street Bridge:

• (b) between 1 February and 30 April (both days inclusive) in any 1 year,—

  • (i) the Kaiapoi River or its tributaries downstream from the Williams Street Bridge:

  • (ii) that part of the Waimakariri River lying within straight lines drawn from the site of a white post on the north bank of the Waimakariri River 200 m downstream of the mouth of the Kaiapoi River, to the site of a white post on the south bank of the Waimakariri River; then by straight line to the site of a white post on the north bank of the Waimakariri River 200 m upstream of the mouth of the Kaiapoi River (the post on the south bank being situated approximately midway between the 2 posts on the north bank).

No person shall use for taking finfish, other than herring, a net having a mesh of less than 100 mm in the waters of Lake Ellesmere.

(1) No person shall—

• (a) use any net for taking finfish in any river or stream flowing into Lake Ellesmere other than a net used in accordance with the Freshwater Fisheries Regulations 1983, or any District Anglers Notice for the time being in force:

• (b) use any net for taking finfish in the waters of Lake Ellesmere lying within an arc of a circle having a radius of 1.2 km around the centre of the mouth of—

  • (i) the Irwell River:

  • (ii) Harts Creek:

  • (iii) the Selwyn River:

  • (iv) No 2 Drain:

  • (v) the Halswell River—

  the points where that circular arc meets the shore of the lake being indicated in each case by posts painted with alternate black and yellow bands, such bands being approximately 30 cm in height, each such post being surmounted by a triangular plate, painted yellow.

(2) For the purposes of this regulation, the mouth of any river or stream shall be the place where the waters of the river or stream meet the waters of the lake and, in any case where a river or stream has more than 1 mouth, shall include every outlet of the river or stream and the shore of the lake between those outlets.

(1) Notwithstanding regulation 13(a) of the Fisheries (Amateur Fishing) Regulations 1986 (SR 1986/221), a person may use a drag net in the waters specified in subclause (2), or possess a drag net in or adjacent to those waters, if—

• (a) the net length does not exceed 40 m; and

• (b) the total warp length does not exceed 600 m.

(2) Subclause (1) applies to—

• (a) those waters lying inside a straight line drawn from the south-eastern extremity of Timutimu Head (otherwise known as Iron Head) (at 43°54.0′S and 172°57′E) to the southern extremity of Te Ruahine Point (at 43°53.3′S and 172°58.2′E):

• (b) those waters lying inside a straight line drawn from Godley Head lighthouse (at 43°35.4′S and 172°48.5′E) to Adderley Head (at 43°35′S and 172°49.7′E).

No person shall—

• (a) take any quinnat salmon that is less than 45 cm in length from those waters of Otago Harbour that are enclosed by a straight line drawn from Heywards Point (at 45°45.4′S and 170°41.4′E) to Taiaroa Head (at 45°46.5′S and 170°43.6′E); or

• (b) possess any quinnat salmon less than 45 cm in length that is taken from those waters.

(1) The following table sets out the maximum daily number of particular species of fish that may be taken or possessed in the Akaroa Harbour taiapure in accordance with subclause (2):

(2) No person may, on any day,—

• (a) take from the taiapure more fish of a species specified in the first column of the table in subclause (1) than the maximum daily number specified in respect of that species in the second column of the table; or

• (b) possess more than the specified maximum daily number of fish of a specified species in the taiapure; or

• (c) possess more than the specified maximum daily number of fish of a specified species taken from the taiapure.

(3) No person may, on any day,—

• (a) take more than 10 finfish from the taiapure; or

• (b) possess more than 10 finfish in the taiapure; or

• (c) possess more than 10 finfish taken from the taiapure.

(4) A person contravenes this subclause if the person, on any day, takes or possesses more than the maximum daily number of fish specified in this regulation, but not more than 3 times the maximum daily number.

(5) A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the maximum daily number of fish.

(6) This regulation overrides regulation 3A.

No person may—

• (a) take a sea horse from the Akaroa Harbour taiapure; or

• (b) possess a sea horse in the taiapure; or

• (c) possess a sea horse that has been taken from the taiapure.

No person may—

• (a) take shellfish from the Onawe Peninsula marine area; or

• (b) possess shellfish in the marine area; or

• (c) possess shellfish that has been taken from the marine area.

(1) Despite regulation 19(1) of the Fisheries (Amateur Fishing) Regulations 1986, no person may, on any day,—

• (a) take more than 5 paua from the East Otago taiapure; or

• (b) possess more than 5 paua in the East Otago taiapure; or

• (c) possess more than 5 paua taken from the East Otago taiapure.

(2) A person contravenes this subclause if the person, on any day, takes or possesses more than the maximum daily number of paua specified in subclause (1), but not more than 3 times the maximum daily number.

(3) A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the maximum daily number of paua.

(1) Despite regulation 19(1) of the Fisheries (Amateur Fishing) Regulations 1986, no person may, on any day,—

• (a) take more than 10 kina from the East Otago taiapure; or

• (b) possess more than 10 kina in the East Otago taiapure; or

• (c) possess more than 10 kina taken from the East Otago taiapure.

(2) A person contravenes this subclause if the person, on any day, takes or possesses more than the maximum daily number of kina specified in subclause (1), but not more than 3 times the maximum daily number.

(3) A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the maximum daily number of kina.

(1) No person may, on any day,—

• (a) take more than 50 shellfish from the East Otago taiapure; or

• (b) possess more than 50 shellfish in the East Otago taiapure; or

• (c) possess more than 50 shellfish taken from the East Otago taiapure.

(2) A person contravenes this subclause if the person, on any day, takes or possesses more than the maximum daily number of shellfish specified in subclause (1), but not more than 3 times the maximum daily number.

(3) A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the maximum daily number of shellfish.

(1) No person may, during the period 1 October 2010 to 30 September 2012 (both dates inclusive),—

• (a) take any paua from the Huriawa Peninsula area; or

• (b) possess any paua in the Huriawa Peninsula area; or

• (c) possess any paua that has been taken from the Huriawa Peninsula area.

(2) In this regulation, Huriawa Peninsula area means the area—

• (a) commencing at a point on the mean high-water mark (at 45°38.44′S and 170°39.81′E); and

• (b) then proceeding north-west to a point 50 m offshore (at 45°38.41′S and 170°39.80′E); and

• (c) then proceeding generally east then west around the Huriawa Peninsula along a line every point of which is 50 m from the mean high-water mark to a point offshore that is 50 m south of the mean high-water mark (at 45°38.57′S and 170°39.78′E); and

• (d) then proceeding north-west to a point (at 45°38.54′S and 170°39.77′E); and

• (e) then proceeding generally east then west along the mean high-water mark around the Huriawa Peninsula to the point of commencement.

(1) A person must not use a set net for fishing in the waters lying within an area bounded by a line that—

• (1) commences from Clarence Point (at 42°10.00′S and 173°56.00′E); and

• (2) then follows a line in a generally southerly direction by the mean high-water mark to the north bank of the Waiau River mouth (at 42°45.81′S and 173°23.03′E); and

• (3) then proceeds in a straight line to the south bank of the Waiau River mouth (at 42°47.08′S and 173°22.33′E); and

• (4) then follows a line in a generally southerly direction by the mean high-water mark to the north bank of the Hurunui River mouth (at 42°54.07′S and 173°17.67′E); and

• (5) then proceeds in a straight line to the south bank of the Hurunui River mouth (at 42°54.75′S and 173°16.82′E); and

• (6) then follows a line in a generally southerly direction by the mean high-water mark to the north bank of the Ashley River (at 43°14.68′S and 172°44.10′E); and

• (7) then proceeds in a straight line to the south bank of the Ashley River (at 43°16.65′S and 172°43.41′E); and

• (8) then follows a line in a generally southerly direction by the mean high-water mark to the north bank of the Waimakariri River mouth (at 43°23.29′S and 172°42.54′E); and

• (9) then proceeds in a straight line to the south bank of the Waimakariri River mouth (at 43°23.50′S and 172°42.54′E); and

• (9A) then follows a line in a generally southerly direction by the mean high-water mark to the northern side of the estuary of the Heathcote and Avon Rivers Ihutai (at 43°33.69′S and 172°44.97′E); and

• (9B) then proceeds in a straight line to the southern side of the estuary of the Heathcote and Avon Rivers Ihutai (at 43°33.84′S and 172°44.97′E); and

• (10) then follows a line in a generally southerly direction by the mean high-water mark to the north bank of the Waitaki River mouth (at 44°55.50′S and 171°09.00′E); and

• (11) then proceeds in a straight line to the south bank of the Waitaki River mouth (at 44°57.60′S and 171°07.70′E); and

• (12) then follows a line in a generally southerly direction by the mean high-water mark to the north head of Shag River (at 45°28.72′S and 170°49.01′E); and

• (13) then proceeds in a straight line to the south head of the Shag River (at 45°28.83′S and 170°49.03′E); and

• (14) then follows a line in a generally southerly direction by the mean high-water mark to the north head of Pleasant River (at 45°34.00′S and 170°43.67′E); and

• (15) then proceeds in a straight line to the south head of Pleasant River (at 45°34.20′S and 170°43.67′E); and

• (16) then follows a line in a generally southerly direction by the mean high-water mark to the north head of Waikouaiti River (at 45°38.39′S and 170°39.71′E); and

• (17) then proceeds in a straight line to the south head of Waikouaiti River (at 45°38.48′S and 170°39.71′E); and

• (18) then follows a line in a generally southerly direction by the mean high-water mark to Warrington Spit, Blueskin Bay (at 45°43.73′S and 170°36.00′E); and

• (19) then proceeds in a straight line to the south head of Blueskin Bay (at 45°44.00′S and 170°36.00′E); and

• (20) then follows a line in a generally southerly direction by the mean high-water mark to the west head of Purakaunui Inlet (at 45°44.06′S and 170°37.05′E); and

• (21) then proceeds in a straight line to the east head of Purakaunui Inlet (at 45°44.06′S and 170°37.72′E); and

• (22) then follows a line in a generally southerly direction by the mean high-water mark to the north-eastern end of the mole at Otago Harbour (at 45°46.24′S and 170°43.20′E); and

• (23) then proceeds in a straight line to a point (at 45°46.32′S and 170°43.54′E); and

• (24) then proceeds in a south-westerly direction to a point (at 45°46.43′S and 170°43.21′E); and

• (25) then proceeds due south to a point (at 45°47.10′S and 170°43.21′E); and

• (26) then proceeds due east to Harrington Point (at 45°47.10′S and 170°43.51′E); and

• (27) then follows a line in a generally southerly direction by the mean high-water mark to the northern head of Papanui Inlet (at 45°50.60′S and 170°43.82′E); and

• (28) then proceeds in a straight line to the southern head of Papanui Inlet (at 45°50.88′S and 170°43.82′E); and

• (29) then follows a line in a generally southerly direction by the mean high-water mark to the east head of Hoopers Inlet (at 45°52.78′S and 170°40.92′E); and

• (30) then proceeds in a straight line to the west head of Hoopers Inlet (at 45°52.87′S and 170°40.65′E); and

• (31) then follows a line in a generally southerly direction by the mean high-water mark to the Taieri River north bank (at 46°03.08′S and 170°11.92′E); and

• (32) then proceeds in a straight line to the Taieri River south bank (at 46°03.37′S and 170°11.92′E); and

• (33) then follows a line in a generally southerly direction by the mean high-water mark to a point on the northern bank of Catlins Lake (at 46°28.67′S and 169°43.13′E); and

• (34) then proceeds in a straight line to the southern bank of Catlins Lake (at 46°29.18′S and 169°43.13′E); and

• (35) then follows a line in a generally southerly direction by the mean high-water mark to the north bank of the Fleming River (at 46°35.88′S and 169°25.57′E); and

• (36) then proceeds in a straight line to the southern bank of the Fleming River (at 46°36.03′S and 169°25.82′E); and

• (37) then follows a line in a generally southerly direction by the mean high-water mark to the northern bank of the Waipati River mouth (at 46°37.13′S and 169°21.23′E); and

• (38) then proceeds in a straight line to the southern bank of the Waipati River mouth (at 46°37.29′S and 169°21.23′E); and

• (39) then follows a line in a generally southerly direction by the mean high-water mark to the east head of Waikawa Harbour (at 46°38.09′S and 169°09.05′E); and

• (40) then proceeds in a straight line to the west head of Waikawa Harbour (at 46°38.41′S and 169°08.31′E); and

• (41) then follows a line in a generally southerly direction by the mean high-water mark to the eastern side of Haldane Estuary (at 46°39.52′S and 169°02.37′E); and

• (42) then proceeds in a straight line to the western side of Haldane Estuary (at 46°39.78′S and 169°01.43′E); and

• (43) then follows a line in a generally southerly direction by the mean high-water mark to Slope Point (at 46°40.50′S and 169°00.00′E); and

• (44) then proceeds 4 nautical miles in a south-easterly direction along the South-East fishery management area boundary from Slope Point to a point (at 46°44.36′S and 169°03.57′E); and

• (45) then proceeds in a northerly direction at a distance of 4 nautical miles from the mean high-water mark to a point 4 nautical miles east of Clarence Point (at 42°10.00′S and 174°01.74′E); and

• (46) then proceeds west to the point of commencement at Clarence Point (at 42°10.00′S and 173°56.00′E).

(1A) A person must not use a set net for fishing in the waters of the estuary of the Heathcote and Avon Rivers Ihutai, which are all the waters lying within an area extending landward of a straight line joining the northern side of the estuary of the Heathcote and Avon Rivers Ihutai (at 43°33.69′S and 172°44.97′E) and the southern side of the estuary of the Heathcote and Avon Rivers Ihutai (at 43°33.84′S and 172°44.97′E).

(2) For the purposes of the area defined in subclause (1), a straight line joining the mean high-water marks at each side of the natural entrance points of a river mouth must be treated as the inner boundary of that area if it extends seawards or as the outer boundary of that area if it extends landwards, except in the case of any rivers where specific co-ordinates are provided.

(1) Despite regulation 6E, a person may, during the period commencing on 1 April in each year and ending on 30 September in that year (both days inclusive), use a flatfish set net in the waters described in subclause (2).

(2) The waters referred to in subclause (1) are—

• (a) inner Akaroa Harbour: that part of Akaroa Harbour lying within a straight line drawn between Ohae (at 43°48.14′S and 172°55.31′E) and Green Point (at 43°48.91′S and 172°56.94′E); and

• (b) inner Lyttelton Harbour: that part of inner Lyttelton Harbour lying within a straight line drawn between Rapaki South (at 43°36.81′S and 172°40.35′E) to Quail Island North (at 43°37.37′S and 172°41.51′E) then in a south-easterly direction along the mean high-water mark of Quail Island to Quail Island jetty (at 43°37.83′S and 172°41.99′E) then in a straight line to the western point of Hays Bay (at 43°38.14′S and 172°42.63′E); and

• (c) inner Port Levy: that part of Port Levy lying within a straight line drawn between Kaitara Wharf (at 43°38.84′S and 172°49.19′E) and Puari Jetty (at 43°38.87′S and 172°50.19′E); and

• (d) inner Pigeon Bay: that part of Pigeon Bay lying within a straight line drawn between a westerly point (at 43°40.13′S and 172°53.39′E) and an easterly point (at 43°40.18′S and 172°54.33′E).

(3) Flatfish set net means a net that—

• (a) is equal to or less than 9 meshes deep; and

• (b) has a monofilament diameter equal to or less than 0.35 mm; and

• (c) has a mesh size equal to or greater than 100 mm; and

• (d) is anchored at each end; and

• (e) does not exceed a total length of 60 m.

No person shall take any red coral from the South-East fishery management area or possess any red coral taken from that area.

No person shall use a dragnet in the waters of the Catlins Lake described in regulation 3D(2)(e).

(1) No person who does not belong to the Ngai Tahu iwi may take any eels from Lake Forsyth.

(2) For the purposes of this regulation the term Ngai Tahu iwi means the collective of those individuals who descend from the primary hapu of Ngai Tahu and Ngati Mamoe, namely, Kati Kuri, Kati Irakehu, Kati Huirapa, Ngai Tuahuriri, and Kai Te Ruahikihiki.

(1) No person may—

• (a) take any rock lobster from the waters of the Chatham Islands rock lobster fishery during the months of March and April in any year; or

• (b) fish using any rock lobster pot in those waters during those months; or

• (c) be in possession of any rock lobster that is taken from those waters during those months.

(2) A person contravenes this subclause if the person, in taking or being in possession of rock lobsters in breach of subclause (1), takes or is in possession of not more than 6 rock lobsters.

(3) A person contravenes this subclause if the person, in taking or being in possession of rock lobsters in breach of subclause (1), takes or is in possession of more than 6 rock lobsters.

(1) Despite regulations 19 and 23 of the Fisheries (Amateur Fishing) Regulations 1986, any person may take dredge oysters from the waters of the South-East (Coast) fishery management area (excluding the waters surrounding the Chatham Islands) at any time by the method of handgathering, without limit as to size or season, and may possess any dredge oysters so taken.

(2) In this regulation, dredge oyster means a shellfish of the species Tiostrea chilensis.

(1) A person commits an offence and is liable on conviction to a fine not exceeding $10,000 if the person contravenes, or fails to comply with, any of regulations 3A(6), 3AB(2), 3B to 6B, 6C(4), 6D, 6DA, 6DB(2), 6DC(2), 6DD(2), 6DE, 6F to 7, or 7B(1)(b) or (2).

(2) A person commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000 if the person contravenes, or fails to comply with any of regulations 3A(7), 3AB(3), 6C(5), 6DB(3), 6DC(3), 6DD(3), 6E, or 7B(3).

(3) It is a defence to a charge of possessing more than the specified maximum daily number of any fish in contravention of these regulations if the defendant satisfies the court that the number of fish possessed in excess of the relevant specified daily number were not taken in breach of the regulations.

The Fisheries (Christchurch Amateur Fishing) Notice 1983 (SR 1983/305) and the Fisheries (Chatham Islands Amateur Fishing) Notice 1983 (SR 1983/306) are hereby revoked.