Proposed technical amendments to fisheries regulations

1. Review specific aspects of record-keeping regulations

One group of proposals is to align record-keeping obligations for commercial fishers and licensed fish receivers with corresponding obligations under the reporting regulations. There is also a proposal to create infringement offences for breaches of record-keeping regulations. These would apply to all persons required to keep records, including dealers in fish and registered fish farmers. Refer to page 11 of the consultation document.

2. Amendment to definition of fishing trip

The proposal is to amend the definition of a fishing trip to better reflect operational practices. Refer to page 18 of the consultation document.

3. Amendment to obligations around completing landing reports

The proposal is to tighten the timeframe around when commercial fishers are required to complete landing reports required under the reporting regulations. Refer to page 21 of the consultation document.

4. Amendments to licensed fish receiver regulations

The key proposals are to revoke the requirement for the chief executive to consult with holders of, or applicants for, a fish receiver’s licence prior to imposing or changing conditions and to create an offence provision for failure to comply with conditions imposed on an LFR licence. An additional proposal is to amend the existing definition of LFR premises. Refer to page 22 of the consultation document.

5. Creation of infringement offence for failure to respond to directive issued under reporting regulations

The proposal would enable infringement notices to be issued to commercial fishing permit holders if they failed to respond to directives issued by FishServe to amend reports provided pursuant to the reporting regulations. Refer to page 27 of the consultation document.

6. Creation of infringement offences relating to requirements to use seabird mitigation measures

The proposal would enable infringement notices to be issued to commercial fishing permit holders for breaches of requirements relating to use of seabird mitigation devices. Refer to page 29 of the consultation document.

7. Create offence and penalty for a regulation relating to the Otago commercial rock lobster fishery

This is a technical proposal to create an offence and corresponding penalty for an existing regulation that applies to the Otago commercial rock lobster fishery. Refer to page 32 of the consultation document.

8. Amendment to method of measurement for packhorse rock lobster

The proposal is that the minimum legal size requirements for packhorse rock lobster change from a tail length measure to a tail width measure, consistent with that for spiny rock lobster. Refer to page 34 of the consultation document.

9. Amend definition of some categories of prohibited rock lobster

The proposal is that large rock lobster (for example, spiny rock lobster that are greater than 600 grams in weight or have a carapace length greater than 110mm) are excluded from provisions relating to taking or possessing rock lobster with damage to specific parts of their exoskeleton. The intent of the proposal is that these regulations become more focused on smaller rock lobsters, for which minimum legal size requirements are an active compliance consideration. Refer to page 36 of the consultation document.

10. Enable commercial fishers to use underwater breathing apparatus to take scallops

The proposal is that scallops are added to the limited list of species that commercial fishers are permitted to take using underwater breathing apparatus. Refer to page 39 of the consultation document.

11. Enable spearfishing by commercial fishers

The proposal is that the prohibition on spearfishing by commercial fishers is revoked. Refer to page 41 of the consultation document.

12. Revoke prohibition on use of net-sonde cables

Net-sonde cables are used to carry information from equipment mounted on trawl nets at depth directly to the vessel. The proposal is that the current prohibition, which was implemented as a seabird protection measure in 1992, is revoked. Refer to page 42 of the consultation document.

13. Revoke requirement for commercial set net fishers to attach additional surface floats at 500m intervals

The proposal is to revoke the requirement for set net fishers to attach additional surface floats at 500m intervals, as the existing requirement is viewed as redundant. The key requirement, to attach surface floats at either end of set nets, would remain. Refer to page 45 of the consultation document.

14. Define terms used in trawl net and Danish seine net restrictions

The proposal is to create definitions for some terms used in trawl net and Danish seine net restrictions (liners, sleeves, flapper, and method of strengthening). The rationale for creating definitions is that it may aid development of innovative gear technology. Refer to page 47 of the consultation document.

15. Prohibit use of 'J' hooks by surface longline fishers to reduce turtle captures

The proposal to prohibit the use of ‘J’ hooks in the surface longline fishery reflects international best practice for turtle mitigation. Refer to page 48 of the consultation document.

16. Amendments to authorisation provisions in Te Arawa lakes regulations

Minor amendments to the authorisation for customary food gathering (puka whakamana) provisions in the Te Arawa Lakes regulations have been requested by Te Arawa iwi. Refer to page 49 of the consultation document.

17. Create infringement offences for breaches of bylaws made under customary fisheries regulations and to provide for those by-laws to incorporate possession as well as taking of fish

The first proposal is to enable infringement notices to be issued by MPI for minor breaches of by-laws such as mātaitai reserve by-laws. This is viewed as more appropriate than prosecution. The second proposal is to amend customary fisheries regulations such that by-laws made under those regulations can incorporate possession as well as taking of fish. Refer to page 50 of the consultation document.    

18. Amend amateur daily limit provisions for blue cod in Fiordland (Te Moana o Atawhenua) Marine Area

The proposal is to remove the ability for amateur fishers to accumulate daily limits of blue cod in the Fiordland (Te Moana o Atawhenua) Marine Area. The existing amateur daily limit for blue cod in the area would remain unchanged. Refer to page 54 of the consultation document.

19. Reduce amateur daily limit for quinnat salmon in marine waters from two to one

This proposal would align the amateur daily limit for quinnat salmon taken in marine waters with rules that apply to waters under Fish and Game jurisdiction on the east coast of the South Island. Refer to page 55 of the consultation document.

20. Amendments to Chatham Islands amateur daily limit provisions

Based on a request from Chatham Island stakeholders, Fisheries New Zealand proposes to reduce a number of the amateur daily limits for finfish and shellfish that apply to Chatham Island waters. Fisheries New Zealand also proposes to remove the ability to accumulate amateur daily limits for fish and shellfish taken in Chatham Island waters. Refer to page 57 of the consultation document.

21. Clarify surface float requirements for commercial fishers using pots attached to a backbone

The proposal is to clarify that surface floats are only required at either end of a backbone to which multiple pots are attached. Refer to page 59 of the consultation document.

22. Clarify minimum set net mesh size requirements for commercial fishers

The proposal is to clarify that regulated minimum set net mesh sizes only apply to the species the commercial fisher is targeting. Refer to page 60 of the consultation document.

23. Clarify requirements for pots used by commercial fishers to take blue cod or octopus

The proposal is to clarify that the design requirements for blue cod or octopus pots only apply when those species are being targeted. Refer to page 61 of the consultation document.

24. Amendment to labelling requirements for amateur rock lobster fishers in the Canterbury/top of the South Island fishery

The proposal is to clarify that the ‘bag and tag’ labelling requirements apply to all amateur fishers, including those who take rock lobster without using a vessel. Refer to page 62 of the consultation document.

25. Amendment to description in commercial regulations of how ‘width of arm of the sea’ is to be calculated

The proposal is that the existing description in the commercial fishing regulations of how the ‘width of an arm of the sea’ should be calculated is replaced with the equivalent wording in the amateur regulations, which is considered clearer. Refer to page 63 of the consultation document.

26. Revoke redundant regulation relating to approval of trawl nets (in the context of innovative trawl technology)

The proposal is to revoke one of the two regulations that relate to compliance with approval to use different types of trawl nets due to it being unnecessary and difficult to administer. Refer to page 64 of the consultation document.

27. Amend aspects of shark fin management measures ('fins artificially attached' approach)

The proposal applies to one component of the shark fin management regime – the ability to specify which shark species are subject to the 'fins artificially attached' approach. The proposal is to enable changes to the species subject to this approach to be implemented via circular rather than regulation. Refer to page 65 of the consultation document.

28. Revoke South Tasman Rise orange roughy regulations (area outside EEZ)

The proposal is to revoke these regulations as they are redundant. Orange roughy on the South Tasman Rise is now managed through the South Pacific Regional Fisheries Management Organisation. Refer to page 66 of the consultation document.

29. Clarify that amateur fishers may bleed blue cod

The proposal is to clarify that blue cod may be bled and that this does not contravene the regulations requiring blue cod to be landed in a whole or gutted state. Refer to page 67 of the consultation document.

30. Amendments to defence on possession of blue cod by amateur fishers (taking blue cod outside the Territorial Sea)

The proposal applies to amateur fishers who fish for blue cod outside the Territorial Sea off parts of the east coast of the South Island. It would enable those fishers to bring a daily bag limit of blue cod back through areas where more restrictive bag limits apply – that is, possess more blue cod than the bag limit of the area they transit back through. Refer to page 67 of the consultation document.

31. Clarify aspects of use of longlines by amateur fishers

This proposal clarifies 2 aspects of the provisions relating to use of 'longlines' by amateur fishers. First, it clarifies that the 25-hook limit applies to all fishers, not just those on board a vessel. Second, it clarifies that the offence of possessing more than one longline applies regardless of whether the longlines are in the water or not. Fishers using rod and reel, or handlines are not affected. Refer to page 69 of the consultation document.

32. Clarify technical aspects of regulations that apply to the Otago commercial rock lobster fishery

Minor amendments are proposed to the administrative regulations that apply to the Otago commercial rock lobster fishery. This includes clarifying that the reference to licensed fish receivers is amended to refer to the location of a licensed fish receiver’s premises. Refer to page 70 of the consultation document.

33. Ensure references to 'fishery management areas' and 'quota management areas' in commercial fishing regulations are correct

The proposal is simply to ensure that the correct terminology is used throughout commercial fishing regulations. Refer to page 72 of the consultation document.