92 1987/19 THE FISHERIES (SOUTHLAND AND SUB-ANTARCTIC AREAS COMMERCIAL FISHING) REGULATIONS 1986, AMENDMENT NO. 2 PAUL REEVES, GoveITIor-General ORDER IN COUNCIL At Wellington this 9th day of February 1987 Present: HIS EXCELLENCY THE GOVERNOR-GENERAL IN COUNCIL PURSUANT to section 89 of the Fisheries Act 1983, His Excellency the GoveITIor-General, acting by and with the advice and consent of the Executive Council, hereby makes the following regulations. ANALYSIS I. Title and commencement I 3. Closed areas 2. Trawling prohibited in Foveaux Strait 4. Oyster season and quotas REGULATIONS 1. Title and cOlIlll1encement-(l) These regulations may be cited as the Fisheries (Southland and Sub-Antarctic Areas Commercial Fishing) Regulations 1986, Amendment No. 2, and shall be read together with and deemed part of the Fisheries (Southland and Sub· Antarctic Areas Commercial Fishing) Regulations 1986* (hereinafter referred to as the principal regulatio!ls). ·S.R. 1986/220 Am~dment No. I: S.R. 1986/255 1987119 Fisheries (Southland and Sub-Antarctic Areas 93 Commercial Fishing) Regulations 1986, Amendment No.2 (2) These regulations shall come into force on the 1st day of March 1987. 2. Trawling prohibited in Foveaux Strait-The principal regulations are hereby amended by revoking regulation 4, and substituting the following regulation: "4. No commercial fisherman shall use a a trawl net at any time before the 1st day of March 1988 in the waters of Foveaux Strait enclosed by straight lines drawn from Stirling Point Light (at 46°36.8'S and 168°21.6'E) to Dog Island Lighthouse (at 46°39.2'S and 168°24.6'E); then to a point at 46°39.4'S and 168°32.6'E; then to Seal Rocks (at 46°45.1' Sand 168°32.6'E); then to the eastern side of Green Island (at 46°46.4'S and 168°35.0'E); then to the southeastern side of Bench Island (at 46°55.0'S and 168°15.0'E); then to Bullers Point on Stewart Island (at 46°55.6'S and 168°12.1'E); then along the mean high water mark along the northeastern coast of Stewart Island to Black Rock Point (at 46°41.0'S and 167°52.1'E); then to a point 46°31.4'S and 167°57.7'E; then to Steep Head on the south coast oftbe South Island (at 46°31.1' S and 168° 13. 7' E); then along the mean high water mark in an easterly direction to the point of commencement." S. Closed areas-Regulation 6 of the principal regulations is hereby amended by adding the following paragraph: "(d) Those waters of central Foveaux Strait lying inside a straight line drawn from a point 46°41.0'S and 168°17.4'E to a point 46°45.6'S and 168°15.3'E; then to a point 46°35.0'S and 167°55.6'E; then to a point 46°31.4'S and 167°57.7'E; then to the point of commencement." 4. Oyster season and quotas-The principal regulations are hereby amended by revoking regulation 7, and substituting the following regulation: "7.0) No commercial fisherman shall take or be in possession of any oyster taken from the Foveaux Strait Dredge Oyster Fishery between the 1st day of September in any year and the last day of February in the next year. "(2) There shall be a seasonal limit of 64,400 sacks of oysters that may be taken from the Foveaux Strait Dredge Oyster Fishery in any period beginning with the 1st day of March and ending with the last day of August in any year; and no commercial fisherman shall take any oyster from the Foveaux Strait Dredge Oyster Fishery once 64,400 or more sacks of oysters have been taken from that fishery during that period. "(3) No commercial fisherman shall use any fishing vessel to take any oyster from the Foveaux Strait Dredge Oyster Fishery if the vessel has been used by that or any other commercial fisherman to take 2,800 or more sacks of oysters from that fishery in that fishing year. "(4) No commercial fisherman shall use any fishing vessel to take any oyster from the Foveaux Strait Dredge Oyster Fishery during any day in the month of March or April in any year if the vessel has been used by that or any other commercial fisherman to take 105 or more sacks of oysters from that fishery on that day. 94 Fisheries (Southland and Sub-Antarctic Areas 1987/19 Commercial Fishing) Regulations 1986, Amendment No.2 "(5) No commercial fishennan shall use any fishing vessel to take any oyster from the Foveaux Strait Dredge Oyster Fishery during any day in the months of May, J~e, July, or August in any year if that vessel has been used by that or any other commercial fishennan to take 85 or more sacks . of oysters from that fishery on that day. "(6) For the purposes of this regulation, a sack of oysters shall not exceed a maximum weight of 79 kg, sack inclusive. "(7) It shall be a defence to any proceedings for any offence of acting in contravention of subclause (2) of this regulation if the Court is satisfied that the defendant did not know and could not reasonably be expected to know that the appropriate maximum pennitted number of sacks of oysters had already been taken." P. G. MILLEN, Clerk of the Executive Council. EXPLANATORY NOTE This note is not part of the reguiationJ, but is intended to indicate their general eJfoct. These regulations, which come into force on 1 March 1987, change the controls in relation to the Foveaux Strait Dredge Oyster Fishery. The specific changes are: - The area in which trawling is prohibited is extended to include an area west of the existing closed area and south·east of Centre Island, and the trawling prohibition is extended to 1 March 1988: - An area of approximady 50 square miles in the centre of the western beds in Foveaux Strait is closed to oyster dredging: - The seasonal limit is reduced from 115,000 sacks to 64,400 sacks: - Vessel limits are imposed as follows: - 2,800 sacks per vessel per season - 105 sacks per vessel per day in March and April - 85 sacks per vessel per day in May, June, July, and August. Issued under the authority of the Regulations Act 1936. Date of notification in Gazette: 12 February 1987. These regulations are administered in the Ministry of Agriculture and Fisheries. .