take from the Marfells Beach to Conway River area more than the daily limit for paua specified in an instrument made by the Minister (the daily limit for paua); or

(b)

possess more than the daily limit for paua in the Marfells Beach to Conway River area; or

(c)

possess more than the daily limit for paua taken from within the Marfells Beach to Conway River area.

(2)

A person contravenes this subclause if the person, on any day, takes or possesses more than the daily limit for paua from or in the Marfells Beach to Conway River area, but not more than 3 times that daily limit.

(3)

A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the daily limit for paua from or in the Marfells Beach to Conway River area.

(4)

A person who contravenes—

(a)

subclause (2) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (3) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

(5)

In this regulation, paua means—

(a)

yellowfoot paua; and

(b)

ordinary paua.

116B Daily limit for paua in Oaro-Haumuri Taiāpure

(1)

The daily limit for paua that is set by this regulation applies in the Oaro-Haumuri Taiāpure instead of the daily limit for paua that is set by regulation 116A.

(2)

A person must not, on any day,—

(a)

take from the Oaro-Haumuri Taiāpure more than the daily limit for paua specified in an instrument made by the Minister (the daily limit for paua); or

(b)

possess more than the daily limit for paua in the Oaro-Haumuri Taiāpure; or

(c)

possess more than the daily limit for paua taken from within the Oaro-Haumuri Taiāpure.

(3)

A person contravenes this subclause if the person, on any day, takes or possesses more than the daily limit for paua from or in the Oaro-Haumuri Taiāpure, but not more than 3 times that daily limit.

(4)

A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times the daily limit for paua from or in the Oaro-Haumuri Taiāpure.

(5)

A person who contravenes—

(a)

subclause (3) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (4) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

(6)

In this regulation, paua means—

(a)

yellowfoot paua; and

(b)

ordinary paua.

Subpart 2—Minimum species length

116C Minimum length for paua in Marfells Beach to Conway River area

(1)

A person must not—

(a)

take from the Marfells Beach to Conway River area any paua that is less than the minimum length specified in an instrument made by the Minister; or

(b)

possess any paua that is less than that minimum length and is taken from within the Marfells Beach to Conway River area.

(2)

A person who contravenes subclause (1) commits an offence and is liable on conviction to a fine not exceeding $10,000.

(3)

In this regulation, paua means—

(a)

yellowfoot paua; and

(b)

ordinary paua.

116D Minimum length for ordinary paua in Oaro-Haumuri Taiāpure

(1)

The minimum length for ordinary paua that is set by this regulation applies in the Oaro-Haumuri Taiāpure instead of the minimum length for ordinary paua that is set by regulation 116C.

(2)

A person must not—

(a)

take from the Oaro-Haumuri Taiāpure any ordinary paua that is less than the minimum length specified in an instrument made by the Minister; or

(b)

possess any ordinary paua that is less than that minimum length and is taken from within the Oaro-Haumuri Taiāpure.

(3)

A person who contravenes subclause (2) commits an offence and is liable on conviction to a fine not exceeding $10,000.

6 New Schedule 16A inserted

After Schedule 16, insert the Schedule 16A set out in Schedule 1 of these regulations.

7 Schedule 19 amended

Amend Schedule 19 as set out in Schedule 2 of these regulations.

Schedule 1 New Schedule 16A inserted

r 6

Schedule 16A Defined areas: Marfells Beach to Conway River area

r 7(4A)

1 Defined areas

In Part 5A, unless the context otherwise requires,—

Marfells Beach to Conway River area means waters within the following lines:

(a)

from the starting point on Marfells Beach at 41°43.655′S and 174°12.645′E; then

(b)

by a straight line for approximately 4 nautical miles in a generally north-north-easterly direction to a seaward point at 41°39.474′S and 174°14.876′E; then

(c)

proceeding in a generally easterly then southerly direction by a line, each point of which is 4 nautical miles from the mean high-water mark of the South Island, to a seaward point at 42°38.153′S and 173°33.378′E; then

(d)

by a straight line in a generally west-north-westerly direction to a point at 42°36.885′S and 173°28.113′E (a point on land at the Conway River); then

(e)

by a line in a generally north-easterly direction along the mean high-water mark to the starting point

Oaro-Haumuri Taiāpure means the area described in clause 5 of Schedule 4 of the Kaikōura (Te Tai o Marokura) Marine Management Act 2014.

Schedule 2 Schedule 19 amended

r 7

In Schedule 19, after Part 4, insert:

Part 4A Marfells Beach to Conway River area

Provision	Description of offence	Fee ($)
r 116A(2)	Taking or possessing more than the daily limit for paua from or in the Marfells Beach to Conway River area, but not more than 2 times that daily limit	250
r 116A(2)	Taking or possessing more than 2 times the daily limit for paua from or in the Marfells Beach to Conway River area, but not more than 3 times that daily limit	500
r 116B(3)	Taking or possessing more than the daily limit for paua from or in the Oaro-Haumuri Taiāpure, but not more than 2 times that daily limit	250
r 116B(3)	Taking or possessing more than 2 times the daily limit for paua from or in the Oaro-Haumuri Taiāpure, but not more than 3 times that daily limit	500
r 116C(1)	Taking or possessing undersize paua from the Marfells Beach to Conway River area	250
r 116D(2)	Taking or possessing undersize ordinary paua from the Oaro-Haumuri Taiāpure	250

Rachel Hayward,
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 15 April 2023, amend the Fisheries (Amateur Fishing) Regulations 2013 (the principal regulations). The regulations apply to people who are not commercial fishers. The amendments—

provide for the setting of daily limits for yellowfoot paua and ordinary paua in the Marfells Beach to Conway River area and the Oaro-Haumuri Taiāpure (see new regulations 116A and 116B):
provide for the setting of minimum lengths for yellowfoot paua and ordinary paua in the Marfells Beach to Conway River area (see new regulation 116C):
provide for the setting of a minimum length for ordinary paua in the Oaro-Haumuri Taiāpure (see new regulation 116D):
make consequential amendments to the infringement offences and fees set out in Schedule 19 of the principal regulations.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 16 March 2023.

These regulations are administered by the Ministry for Primary Industries.

Fisheries (Amateur Fishing) Amendment Regulations 2023