(1) These regulations may be cited as the Fisheries (Challenger 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) Subclause (2) applies to fish of the following species:

(2) No person may, on any day,—

• (a) take from within the Challenger fishery management area more than 20 fish to which this subclause applies; or

• (b) possess more than 20 such fish in that area; or

• (c) possess more than 20 such fish taken from within that area.

(3) No person may, on any day,—

• (a) take from within the Marlborough Sounds area more than 2 blue cod; or

• (b) possess more than 2 blue cod in that area; or

• (c) possess more than 2 blue cod taken from within that area.

(3A) No person may, on any day,—

• (a) take from within the Challenger (East) area more than 3 blue cod; or

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

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

(3B) No person may, on any day,—

• (a) take from within the Challenger fishery management area more than 5 bluenose; or

• (b) possess more than 5 bluenose in that area; or

• (c) possess more than 5 bluenose taken from within that area.

(4) No person may, on any day,—

• (a) take from within the Challenger fishery management area more than 10 snapper; or

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

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

(5) No person may, on any day,—

• (a) take from within the Marlborough Sounds area more than 3 snapper; or

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

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

(6) No person may, on any day,—

• (a) take from within the Challenger 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.

(7) No person may, on any day,—

• (a) take from within the Challenger 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.

(8) 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.

(9) 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).

(10) However, subclauses (8) and (9) do not apply to the daily limit of fish under subclause (3).

(1) No person may—

• (a) take from or possess in the Marlborough Sounds area any blue cod that is less than 30 cm, or more than 35 cm, in length; or

• (b) possess any blue cod taken from the Marlborough Sounds area that is less than 30 cm, or more than 35 cm, in length.

(2) This regulation prevails over regulation 6 of the Fisheries (Amateur Fishing) Regulations 1986.

Despite regulation 6 of the Fisheries (Amateur Fishing) Regulations 1986, no person may take from or possess in the Challenger (East) area any blue cod that is less than 30 cm in length.

(1) A person must not possess any blue cod in the Marlborough Sounds area or the Challenger (East) area unless it is in a whole or gutted state.

(2) However, a person may possess blue cod in another state if it is to be immediately eaten on the fishing vessel from which it was taken.

(1) A person must not—

• (a) take any blue cod from within the Marlborough Sounds area during the closed season; or

• (b) possess any blue cod in that area during the closed season; or

• (c) possess any blue cod that was taken from within that area during the closed season.

(2) In this regulation, closed season means the period starting on 1 September of any year and ending on 19 December of that year.

(1) Notwithstanding regulation 19 of the Fisheries (Amateur Fishing) Regulations 1986 (SR 1986/221) or any other regulations made pursuant to the Fisheries Act 1983 or the Fisheries Act 1996 relating to maximum daily catches, any person may take on any 1 day up to 50 scallops (Pecten novaezelandiae) from the Challenger fisheries management area.

(1A) A person contravenes this subclause if the person, on any day, takes or possesses more than the number of scallops permitted under subclause (1), but not more than 3 times that number.

(1B) A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the number of scallops permitted under subclause (1).

(2) No person shall—

• (a) take from the Challenger fisheries management area any scallop whose shell, whether entire, chipped, or broken, is less than 90 mm in length; or

• (b) be in possession of any scallop taken from the Challenger fisheries management area whose shell, whether entire, chipped, or broken, is less than 90 mm in length.

(3) For the purposes of subclause (1), the length of the shell of a scallop is its greatest diameter.

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 Challenger fishery management area shall not be less than the appropriate size specified in the following table:

Despite regulation 6(2) of the Fisheries (Amateur Fishing) Regulations 1986, a person must not take or possess in the Challenger fisheries management area a sand flounder that is less than 25 cm in length.

No person shall take any finfish from Double Cove, being those waters of Queen Charlotte Sound inside a line from Nohokouau Point (at 41°14.36′S and 174°00.53′E) to the southernmost point of the peninsula (at 41°14.43′S and 174°01.47′E) lying between Double Cove and Torea Bay.

(1) A person must not take any finfish from within the Maud Island closed area.

(2) In this regulation, Maud Island closed area means the area of New Zealand fisheries waters inside a line that—

• (a) starts at 41°01.21′S and 173°51.75′E; and

• (b) then proceeds in a generally southerly direction directly to a point at 41°02.21′S and 173°52.08′E; and

• (c) then proceeds in a generally easterly direction directly to a point at 41°02.75′S and 173°54.75′E; and

• (d) then proceeds in a generally north-easterly direction directly to a point at 41°01.70′S and 173°55.34′E; and

• (e) then proceeds in a generally north-westerly direction directly to a point at 40°59.92′S and 173°54.14′E; and

• (f) then proceeds along the mean high-water mark in a generally westerly direction to the starting point.

(1) Except as provided for in subclause (2), no person shall use or possess a set net having a mesh size of or greater than 100 mm in the following waters:

• (a) Pelorus Sound: the waters inside a line running from Cregoe Point (at 41°03.20′S and 173°49.90′E) to Camel Point (at 41°01.91′S and 173°48.60′E) to Sheep Point (at 41°01.07′S and 173°48.84′E) and inside a line running from Tawero Point (at 41°03.80′S and 173°57.00′E) to Opani-aputa Point (at 41°04.70′S and 173°58.50′E):

• (b) Croisilles Harbour: the waters inside a line running from Cape Soucis (at 41°03.20′S and 173°35.60′E) to the outermost point of Motuanauru Island (at 41°02.50′S and 173°38.40′E) to the outermost point of Otuhaereroa Island (at 41°02.30′S and 173°39.60′E) to Kokaho Point (at 41°02.30′S and 173°40.30′E).

• (c) [Revoked]

(2) Nothing in subclause (1) applies to any set net having—

• (a) a mesh size not less than 100 mm; and

• (b) a total height not exceeding 9 meshes; and

• (c) its entire length in direct contact with the seabed.

(3) Without limiting subclause (1), no person shall use or possess a set net in the waters of Keneperu Sound—

• (a) [Revoked]

• (b) during any period, after 31 March 1997, commencing on 1 October in any year and ending with the close of 31 March in the next year.

(4) For the purposes of subclause (3), the waters of Keneperu Sound are the waters lying inside a straight line running from Koutuwai Point (at 41°12.53′S and 173°52.38′E) to an unnamed point at the southern entrance to Kenepuru Sound (at 41°13.30′S and 173°51.70′E).

(1) A person must not use a set net for fishing in the waters from Clarence Point to Cape Jackson.

(1A) For the purposes of subclause (1), the waters from Clarence Point to Cape Jackson—

• (a) are the waters lying within an area bounded by a line that—

  • (i) commences at the mean high-water mark at Clarence Point (at 42°10.00′S and 173°56.00′E); and

  • (ii) 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

  • (iii) then proceeds 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

  • (iv) then proceeds in a straight line to a point on the Challenger fisheries management area boundary (at 41°01.85′S and 174°25.67′E); and

  • (v) then proceeds 4 nautical miles from the mean high-water mark to a point 4 nautical miles due north of Cape Jackson lighthouse (at 40°55.62′S and 174°18.80′E); and

  • (vi) then proceeds due south to Cape Jackson lighthouse (at 40°59.70′S and 174°18.80′E); and

  • (vii) then proceeds in a southerly direction along the mean high-water mark to the west bank of the Wairau River (at 41°30.02′S and 174°03.65′E); and

  • (viii) then proceeds in a straight line to the east bank of the Wairau River (at 41°30.05′S and 174°03.72′E); and

  • (ix) then proceeds south along the line of the mean high-water mark to Clarence Point (at 42°10.00′S and 173°56.00′E); but

• (b) do not include the waters described in regulations 4AC and 4AAC.

(2) For the purposes of the area defined in subclause (1A), a straight line joining the 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) A person must not use a set net for fishing in the waters described in subclause (2) unless the set net is—

• (a) a flatfish set net; and

• (b) used during the period beginning on 1 April in each year and ending on the close of 30 September in that year.

(2) The waters referred to in subclause (1) are the waters enclosed by the following co-ordinates, which are points in the inner Queen Charlotte Sound joined by a straight line extending landward (inside the Sound):

• (a) Ruakaka Bay–West Head (at 41°12.93′S and 174°08.63′E); and

• (b) Dieffenbach Point (at 41°14.00′S and 174°08.70′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.

(1) A person must not use a set net in the waters described in subclause (2) unless—

• (a) the set net is used in the period—

  • (i) beginning on 3 January 2013 and ending on the close of 30 April 2013:

  • (ii) beginning on 1 January and ending on the close of 30 April in relation to any other year; and

• (b) the person using the set net remains, at all times, in the immediate vicinity of the set net while it is being used.

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

• (a) Cape Jackson to Little Waikawa Bay (Kaikanohi): all that area of New Zealand fisheries waters enclosed by a line that—

  • (i) commences at a point on the mean high-water mark at Cape Jackson (at 40°59.70′S and 174°18.80′E); and

  • (ii) then proceeds due north to a point offshore (at 40°59.50′S and 174°18.80′E); and

  • (iii) then proceeds in a generally southerly direction along a line every point of which is approximately 200 m from the mean high-water mark to a point offshore (at 41°04.14′S and 174°16.47′E); and

  • (iv) then proceeds due west to a point on the mean high-water mark at Kaikanohi (on the northern head of Little Waikawa Bay) (at 41°04.14′S and 174°16.29′E); and

  • (v) then proceeds in a generally northerly direction along the mean high-water mark of the South Island to the point of commencement:

• (b) Cooper Point to Deep Bay: all that area of New Zealand fisheries waters enclosed by a line that—

  • (i) commences at a point on the mean high-water mark of Arapawa Island at the northernmost point of Cooper Point (at 41°07.07′S and 174°18.95′E); and

  • (ii) then proceeds due north to a point offshore (at 41°06.95′S and 174°18.95′E); and

  • (iii) then proceeds in a generally north-easterly then south-westerly direction along a line every point of which is approximately 200 m from the mean high-water mark of Arapawa Island to a point offshore (at 41°13.75′S and 174°15.67′E); and

  • (iv) then proceeds due west to a point on the mean high-water mark at the easternmost point of the southern head of Deep Bay (at 41°13.75′S and 174°15.51′E); and

  • (v) then proceeds in a generally north-easterly then south-westerly direction along the mean high-water mark of Arapawa Island to the point of commencement:

• (c) Oyster Bay to Rarangi: all that area of New Zealand fisheries waters enclosed by a line that—

  • (i) commences at a point on the mean high-water mark at the northernmost point of Tio Point (on the western side of Oyster Bay) (at 41°14.68′S and 174°14.78′E); and

  • (ii) then proceeds due north to a point offshore (at 41°14.55′S and 174°14.78′E); and

  • (iii) then proceeds in a generally north-easterly then southerly direction along a line every point of which is approximately 200 m from the mean high-water mark of the South Island to a point offshore (at 41°23.49′S and 174°03.25′E); and

  • (iv) then proceeds due west to a point on the mean high-water mark at the northern end of Rarangi Beach (at 41°23.49′S and 174°03.07′E); and

  • (v) then proceeds in a generally northerly then south-westerly direction along the mean high-water mark of the South Island to the point of commencement:

• (d) Cape Campbell to Needles Point: all that area of New Zealand fisheries waters enclosed by a line that—

  • (i) commences at a point on the mean high-water mark at the northernmost point of Cape Campbell (at 41°43.55′S and 174°16.57′E); and

  • (ii) then proceeds due north to a point offshore (at 41°43.43′S and 174°16.57′E); and

  • (iii) then proceeds in a south-westerly direction along a line every point of which is approximately 200 m from the mean high-water mark of the South Island to a point offshore (at 41°52.37′S and 174°09.98′E); and

  • (iv) then proceeds due west to a point on the mean high-water mark at the easternmost point of Needles Point (at 41°52.37′S and 174°09.82′E); and

  • (v) then proceeds in a north-easterly direction along the mean high-water mark of the South Island to the point of commencement:

• (e) Brothers Islands: the waters lying inside a line every point of which is 200 m from the mean high-water mark of all of the islands, islets, and rocks of the Brothers Islands group:

• (f) White Rocks: the waters lying inside a line every point of which is 200 m from the mean high-water mark of White Rocks:

• (g) Motuara Island: the waters lying inside a line every point of which is 200 m from the mean high-water mark of Motuara Island:

• (h) Motungarara Island: the waters lying inside a line every point of which is 200 m from the mean high-water mark of Motungarara Island:

• (i) The Twins: the waters lying inside a line every point of which is 200 m from the mean high-water mark of The Twins.

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

• (a) extends from Farewell Spit Lighthouse (at 40°32.70′S and 173°00.50′E); and

• (b) then follows a line in a generally southerly direction by the mean high-water mark to the southernmost point of the north bank of the Whanganui Inlet’s east headland (at 40°34.46′S and 172°33.05′E); and

• (c) then proceeds in a straight line to the Whanganui Inlet’s west headland (at 40°35.00′S and 172°32.00′E); and

• (d) then follows a line in a generally southerly direction by the mean high-water mark to the southernmost point of the north bank of the Little Wanganui east head (at 41°23.46′S and 172°03.63′E); and

• (e) then proceeds in a straight line to the Little Wanganui west head (at 41°23.46′S and 172°03.19′E); and

• (f) then follows a line in a generally southerly direction by the mean high-water mark to the southernmost point of the north bank of the Mokihinui River (at 41°31.18′S and 171°56.31′E); and

• (g) then proceeds in a straight line to the south bank of the Mokihinui River (at 41°31.43′S and 171°56.11′E); and

• (h) then follows a line in a generally southerly direction by the mean high-water mark to the southernmost point of the north bank of the east head of the Orowaiti Lagoon (at 41°44.42′S and 171°40.16′E); and

• (i) then proceeds in a straight line to the west head of the Orowaiti Lagoon (at 41°44.42′S and 171°39.37′E); and

• (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 southernmost point of the north bank of the Grey River (at 42°26.32′S and 171°11.49′E); and

• (o) then proceeds in a straight line to the south bank of the Grey River (at 42°26.39′S and 171°11.38′E); and

• (p) then follows a line in a generally southerly direction by the mean high-water mark to the southernmost point of 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

• (r) then follows a line in a generally southerly direction by the mean high-water mark to the southernmost point of the north bank of the Kakapotahi River (at 42°57.26′S and 170°39.74′E); and

• (s) then proceeds in a straight line to the Kakapotahi River south bank (at 42°57.40′S and 170°39.53′E); and

• (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).

(2) For the purposes of the area defined in subclause (1), a straight line joining the mean high-water marks at each side of a harbour entrance or, as the case may be, 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 harbours and rivers where specific co-ordinates are provided.

A person must not take any finfish from within the Marlborough Sounds area using a rod and reel line, or a hand line, with more than 2 hooks attached to it.

Notwithstanding anything in regulation 19(1) or regulation 23(2) of the Fisheries (Amateur Fishing) Regulations 1986 (SR 1986/221), any person may take Pacific oysters from the waters of the Challenger fishery management area at any time on any day.

Regulation 23(2) of the Fisheries (Amateur Fishing) Regulations 1986 shall not apply to prohibit the taking of dredge oysters from the Challenger fisheries management area.

(1) No person shall use or possess any line (other than a rod and reel line or a hand line) in the waters of Pelorus Sound.

(2) For the purposes of this regulation, the waters of Pelorus Sound are the waters lying inside a straight line running from Tawero Point (at 41°03.80′S and 173°57.00′E) to Opani-aputa Point (at 41°04.70′S and 173°58.50′E).

(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 2B(8), 2D, 3A(1A) and (2), 3B, 3C, 4, 4A, 4AC, 4AAC, 4B, and 4E.

(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 2B(3) and (9), 2C, 2E, 2F, 3A(1B), 4AA, 4AB, and 4AD.

(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.

(4) However, the defence does not apply to—

• (a) a charge of possessing more than 2 blue cod in contravention of regulation 2B(3)(b) or (c); or

• (b) a charge of possessing more than 3 blue cod in contravention of regulation 2B(3A)(b) or (c).

(5) It is a defence to a charge of possessing more than 3 blue cod in contravention of regulation 2B(3A)(b) or (c) if the defendant satisfies the court that—

• (a) the defendant possessed no more than 6 blue cod; and

• (b) the blue cod were not taken in breach of the regulations.

(6) It is a defence to a charge of contravening, or failing to comply with, regulation 2F(1)(b) if the defendant satisfies the court that the blue cod to which the charge relates were taken from outside the Marlborough Sounds area.

The following notices are hereby revoked:

• (a) the Fisheries (Double Cove Prohibition) Notice 1983 (SR 1983/299):

• (b) the Fisheries (Nelson Amateur Fishing) Notice 1984 (SR 1984/209).