Whitebait Fishing (West Coast) Amendment Regulations 2000

Michael Hardie Boys, Governor-General

Order in Council


At Wellington this 24th day of July 2000


Present:

The Right Hon Helen Clark presiding in Council


Pursuant to sections 48 and 48A of the Conservation Act 1987, His
Excellency the Governor-General, acting on the advice and with the consent of
the Executive Council, makes the following regulations.




Contents


1 Title
2 Commencement
3 Interpretation
4 Use of screens and diversions
5 Fishing for whitebait from or near structures
6 Offences
7 Mokihinui River added to Second Schedule




Regulations

1 Title

(1) These regulations are the Whitebait Fishing (West Coast) Amendment
Regulations 2000.

(2) In these regulations, the Whitebait Fishing (West Coast) Regulations
1994 (SR 1994/66) are called "the principal regulations".




2 Commencement

These regulations come into force on the 28th day after the date of their
notification in the Gazette.




3 Interpretation

Regulation 2 of the principal regulations is amended by revoking the definition
of the term screen, and substituting the following definition:

"screen means a metallic or fabric gauze material that does not impede the
flow of water and is capable of being used in such a way as to divert the
movement of whitebait into a net, and includes any supporting frame".




4 Use of screens and diversions

Regulation 8(1) of the principal regulations is amended by revoking paragraph
(ba), and substituting the following paragraph:

"(ba) use a screen or screens whose total length exceeds 3 m in fishing for
whitebait otherwise than from a licensed structure; or".




5 Fishing for whitebait from or near structures

(1) Regulation 12(2) of the principal regulations is amended by inserting,
after the word "regulations", the words "(other than the Mokihinui
River)".

(2) Regulation 12 of the principal regulations is amended by adding the
following subclause:

"(3) No person fishing for whitebait in the Mokihinui River may fish
within 40 m of any licensed structure from which any other person is
fishing, whether on the same or opposite bank as the licensed
structure, unless the person is fishing from another licensed
structure."




6 Offences

Regulation 19 of the principal regulations is amended by revoking paragraph
(c), and substituting the following paragraph:

"(c) takes whitebait otherwise than in accordance with any conditions imposed
by the Director-General under regulation 20(3).""




7 Mokihinui River added to Second Schedule

The Second Schedule of the principal regulations is amended by inserting,
immediately before the word "Orowaiti", the word "Mokihinui,".




Marie Shroff,
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 28 days after their notification in
the Gazette, amend the Whitebait Fishing (West Coast)
Regulations 1994 as follows:

o regulation 3 substitutes a new definition of screen that now effectively
includes unframed floating or "floppy" screens:

o regulation 4 amends regulation 8(1) of the principal regulations, which
currently prohibits the use of 1 or more screens with a total length
exceeding 3 m. The substituted paragraph (ba) reinstates an earlier
exemption from this requirement for persons fishing from licensed
structures:

o regulations 5 and 7 insert the Mokihinui River into the Second Schedule
of the principal regulations, as a river where special conditions
apply, and as with other rivers named in the Schedule provide a 40 m
clearance zone around licensed structures within which other persons
may not fish while the structure is being used. Due to the density of
licensed structures on the Mokihinui River however, the new regulation
12(3) provides that this prohibition will not apply on that river to
persons fishing from another licensed structure that is within
the 40 m radius:

o regulation 6 cures a drafting error, in that it was not previously clear
which of 2 identically numbered provisions in regulation 19 was
revoked by amending legislation in 1995.



Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 27 July 2000.

These regulations are administered in the Department of Conservation.


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