Fisheries (Commercial Fishing) Regulations 2001

(1) Commercial fishers must not undertake shark finning in New Zealand fisheries waters. (2) Commercial fishers must not land the fins of any species of shark unless the fins are landed naturally attached. (3) Despite subclause (2), commercial fishers may— (a) land any species of shark approved by the chief executive as being able to be landed with its fins artificially attached: (b) land any species of shark approved by the chief executive as being able to be landed with its fins separate from its body if the ratio of the weight of the landed fins to the greenweight of the shark does not exceed the ratio approved by the chief executive. (4) If subclause (3)(b) applies, the fins must— (a) be stored in separate receptacles according to species; and (b) be landed wet.

(1) Commercial fishers must not use for fishing, or have on board a fishing vessel, longlines, set nets, pots attached to a backbone, or other static fishing gear without surface floats at each end. (2) Each surface float must be clearly, permanently, and legibly marked with the registration number of the fishing vessel from which it was or will be set, or is being transported. (3) Despite subclause (1), trot lines, droplines, and dahn lines may be marked at one end only. (4) This regulation does not apply to fyke nets.

Commercial fishers must not use for fishing, or have on board a fishing vessel, a fyke net unless a surface float is securely attached that is clearly, perman‐ ently, and legibly marked with the registration number of the vessel from which it is set or transported.

(1) Commercial fishers must not use for fishing, or have on board a fishing vessel, pots (including holding pots) without their own surface buoys or floats. (2) Each pot and surface buoy or float must be clearly, permanently, and legibly marked with the registration number of the vessel from which it is set or transported. (3) This regulation does not apply to pots attached to a backbone.

If commercial fishers use gear covered by regulations 54 to 56, other than in conjunction with a fishing vessel, the gear must be marked as required under regulations 54 to 56, but with the permit number of the commercial fisher using the gear.

(1) Commercial fishers taking tuna by using longlines from a vessel must ensure that, for the purpose of avoiding or mitigating the effect of fishing-related seabird mortality,— (a) seabird scaring devices approved by the chief executive are carried on a vessel whenever the vessel is being used to take tuna by longline fishing; and (b) seabird scaring devices are used in accordance with specifications (if any) issued by the chief executive. (2) Commercial fishers must permit inspection of seabird scaring devices at any reasonable time by a fishery officer or an observer appointed under section 223(2) of the Act.

(1) The operator or master of a vessel to which this regulation applies must comply with any seabird mitigation measure authorised or required by any circular issued under regulation 58A(1)(a). (2) The operator or master must also ensure that a seabird mitigation measure— (a) complies with any standards and requirements specified under regulation 58A(1)(b); and (b) is carried, used, or adopted (as the case may require) in accordance with those standards and requirements. (3) The operator or master must permit a fishery officer or observer to inspect at any reasonable time any seabird mitigation measure that is authorised or required by circular to be carried, used, or adopted (as the case may require) in relation to that vessel.

(1) For the purpose of avoiding or mitigating the fishing-related mortality of sea lions, a commercial fisher using trawl nets to catch arrow squid in quota management area SQU6T must ensure that a sea lion exclusion device is used in each trawl net. (2) Every sea lion exclusion device must meet the specifications set out in a circular issued under regulation 58CA.

(1) A commercial fisher must not use a drift net for fishing in New Zealand fisheries waters. (2) In this regulation, drift net means a net that— (a) acts by enmeshing, entrapping, or entangling any fish or aquatic life; and (b) acts by drifting in the water or on the surface of the water in a manner primarily determined by the natural flow of the water or current; and (c) is not attached to— (i) any point of land; or (ii) the seabed or riverbed.

(1) Commercial fishers must not use or set nets that, either by themselves or together with, or in conjunction with, another net, wing, leader, or other item attached to the net, extend more than one-quarter of the way across the width of a channel, river, or stream. (2) Commercial fishers must not use nets that, either by themselves or together with, or in conjunction with, another net, wing, leader, or other item attached to the net, extend more than one-quarter of the width of an arm of the sea, including an estuary, inlet, bay, or sound. (3) For the purposes of subclause (1), the width of a channel, river, or stream is the distance between the bank of the channel, river, or stream, measured at right angles at that place and at that time. (4) For the purposes of subclause (2), width of an arm of the sea— (a) means the shortest line of any straight lines that may be drawn between any point on the water’s edge and any point on the opposing water’s edge, being a line that at some point intersects the net, or a wing, leader, or other item attached to the net; and (b) includes an estuary, inlet, bay, or sound.

Commercial fishers must not set nets so that stalling occurs and must ensure that stalling does not occur while the nets are set.

Commercial fishers must not erect poles or stakes for use with fishing nets, or use them in conjunction with fishing nets, except if the poles or stakes— (a) are used in conjunction with fyke nets; and (b) are clearly visible at all stages of the tide; and (c) are removed when fishing stops.

(1) Commercial fishers must not use Danish seine nets, trawl nets, box or teichi nets, trammel nets, purse seine nets, or lampara nets in rivers, streams, lakes, lagoons, or estuaries. (2) Commercial fishers must not set, use, or possess baited nets other than ring pots, fyke nets, hoop nets, or pullpots. (3) Commercial fishers must not use or possess trammel nets.

Commercial fishers must not operate net-sonde monitor cables from New Zealand fishing vessels or foreign-owned New Zealand fishing vessels.

(1) Commercial fishers must not use set nets or a combination of set nets if the total length of a net or a combination of nets, whether attached together or otherwise, is more than 1 000 m. (2) Subclause (1) does not apply if all of the upper edge of each set net is more than 2m below the surface of the water. (3) Commercial fishers must not use set nets or a combination of set nets in New Zealand fisheries waters if the total length of a net or a combination of nets, whether attached together or otherwise, is more than 3 000 m. (4) Subclause (3) does not apply if the chief executive authorises the use of the net or nets under subclause (5). (5) The chief executive may, in writing, authorise a commercial fisher to use a set net or a combination of set nets in New Zealand fisheries waters, whether attached together or not, with a total length of not more than 6 000 m. (6) In subclauses (3) and (5), New Zealand fisheries waters does not include a river, stream, lake, lagoon, or estuary. (7) Before issuing an authorisation under subclause (5), the chief executive must be satisfied that the commercial fisher has previously used a set net or a combination of set nets, whether attached together or otherwise, whose total length was not less than 3,000m. (8) [Revoked] (9) Commercial fishers must not, in rivers, streams, lakes, lagoons, or estuaries,— (a) use set nets or a combination of set nets if the total length of a net or a combination of nets, whether attached together or otherwise, exceeds 1,000m; or (b) set a set net within 60 m of another set net.

Commercial fishers must not leave set nets in the water for more than 18 hours without under-running the net and removing fish that have been caught.

(1) Commercial fishers must not use or have drag nets or beach seine nets that are longer than 165 m. (2) In this regulation, drag net and beach seine net do not include a warp, rope, or chain attached to the net.

Commercial fishers must not use beach seine nets or drag nets unless the nets are pulled or hauled by hand, without the aid of a pulley, other mechanical device, or vessel.

(1) Commercial fishers must not use for fishing, or have on board a fishing vessel, Danish seine nets. (2) Subclause (1) applies only if the mesh of the net— (a) is less than 125 mm in the cod-end; or (b) has more than 1 layer of mesh; or (c) has liners, sleeves, or flappers of any material; or (d) has a method of strengthening with centres less than 1 m. (3) In this regulation, liner means any material that is attached to any part of the inside of a Danish seine net in a way that means it acts to reduce the ability of fish to escape the net.

Commercial fishers must not use Danish seine nets within 3 nautical miles seaward of the mean high-water mark of the coast of the South Island.

(1) A commercial fisher must not use for fishing, or have on board a fishing vessel, a trawl net if,— (a) in the case of a trawl net that includes mesh, the trawl net has any 1 or more of the following features: (i) more than 1 layer of mesh: (ii) liners, sleeves, or flappers of any material: (iii) a method of strengthening with centres less than 1 m: (iv) net mesh size less than 100 mm unless a fishing permit authorises the use or possession of the mesh: (b) in any other case, the chief executive has not approved the trawl net for use under regulation 71A. (2) Subclause (1)(a) does not prohibit a commercial fisher from using for fishing or possessing on a vessel a trawl net that has been approved for use under regulation 71A. (3) Subclause (1) does not prohibit the use of chafer gear on the underside of a trawl net if the after end of the chafer or chafing gear— (a) is, and remains, detached from the trawl net; and (b) is attached in a manner that will readily allow the escape of small fish through the mesh of the cod-end. (4) Subclause (1) does not prohibit a commercial fisher from having trawl nets on a vessel if— (a) the nets may lawfully be used by the commercial fisher from that vessel in another area of New Zealand fisheries waters; and (b) the vessel is to be used or has been used on that voyage to fish in that area. (5) Subclause (1) does not prohibit a commercial fisher from using for fishing or possessing on a vessel trawl nets with a mesh not less than 80 mm in the body of the net, and not less than 55 mm in the cod-end of the net, if the fisher— (a) is fishing for or intends to fish for scampi or prawn killer; and (b) has notified the chief executive in writing of the fisher’s intention to fish for scampi or prawn killer in that fishing year. (6) In this regulation, liner means any material that is attached to any part of the inside of a trawl net in a way that means it acts to reduce the ability of fish to escape the net.

Commercial fishers must not use New Zealand fishing vessels or foreign- owned New Zealand fishing vessels over 46 m in overall length for trawling in the territorial sea.

(1) No person may use a trawl net for fishing in a closed seamount area. (2) In this regulation, closed seamount area means all waters within an area identified by regulations as a seamount area in which fishing by use of a trawl net is prohibited.

Commercial fishers must not use fyke nets unless— (a) 2 escapement tubes are incorporated between the last trap or throat and the last part of each net that is capable of holding finfish while in the water; and (b) the escapement tubes are— (i) not less than 31 mm in inside diameter (except that the inside diameter of both ends of the tube must be at least 32 mm); and (ii) not less than 35 mm in length; and (iii) placed so as to project inside the net not more than 10 mm.

Except as provided in regulations 76A and 77, commercial fishers must not— (a) use or have underwater breathing apparatus when taking fish, aquatic life, or seaweed; or (b) have underwater breathing apparatus while in possession of fish, aquatic life, or seaweed; or (c) have underwater breathing apparatus on board New Zealand fishing vessels or foreign-owned New Zealand fishing vessels.

(1) Commercial fishers who fish for shellfish other than surf clams must not use— (a) more than 1 dredge with a bar or bit that is more than 2.5 m long; or (b) more than 2 dredges, either of which has a bar or bit that is more than 1.4 m long. (2) However, commercial fishers fishing for surf clams may use 1 or more dredges that have a bar or bit of any length.

(1) Commercial fishers must not use or have rock lobster pots on board fishing vessels unless the pots have at least 2 rectangular apertures (other than the mouth) through which undersize rock lobsters are able to escape. (2) An escape aperture must not— (a) be included in either the top or the bottom of a pot; or (b) have inside dimensions of less than 200 mm long and 54 mm wide. (3) Rock lobster pots that are required to have escape apertures must be constructed so that— (a) there are escape apertures in at least 2 opposite faces of the pots; and (b) if the escape apertures are placed vertically, the total inside length of the escape aperture or apertures on 1 face of the pots is not less than 80% of the total height of the face of the pots on which the aperture or apertures are placed; and (c) if the apertures are not placed vertically, the total inside length of the escape aperture or apertures on 1 face of the pots is not less than 80% of the total length of the face of the pots on which the aperture or apertures are placed. (4) Despite subclauses (1) and (3), commercial fishers must not use round rock lobster pots, or have them on board fishing vessels, unless— (a) the pots have at least 3 rectangular apertures (other than the mouth) through which undersize rock lobsters are able to escape; and (b) each aperture has inside dimensions of not less than 200 mm long by 54 mm wide. (5) This regulation does not prohibit the use or possession of rock lobster pots without escape apertures on board fishing vessels if— (a) the pots are constructed entirely of spot welded rectangular mesh with inside dimensions of not less than 140 mm long by 54 mm wide; and (b) the pots are used— (i) without covers or liners; or (ii) with covers or liners that leave unencumbered at least 80% of the surface area of each of 2 opposite sides. (6) This regulation does not prohibit the use of rock lobster pots for holding rock lobsters if the pots are not capable of being used for taking rock lobsters. (7) To avoid doubt, this regulation does not prohibit the use or possession of pots without apertures for taking species other than rock lobster.

(1) Commercial fishers must not use or have on board a fishing vessel any pot used to take blue cod unless— (a) the pot is covered with a single layer of ridged square mesh; and (b) the mesh has inside dimensions of no less than 54 mm in width; and (c) the pot does not have any cover, liner, or any other construction that restricts the inside dimensions of the mesh to less than 54 mm. (1A) [Revoked] (1B) [Revoked] (2) Commercial fishers must not use or have on board a fishing vessel any pot used to take octopus unless the entrance to the pot is covered and secured by a latch or similar device so that an octopus must force its way into the pot. (3) The requirements in subclauses (1) and (2) only apply when the specified species in that subclause is the target species.

Commercial fishers must not use spears to take fish and must not possess fish that have been speared.

(1) Commercial fishers who fish for tuna or billfish must not fish using wire traces or have wire traces on board the fishing vessel. (2) Commercial fishers who fish for tuna or billfish must not fish using shark lines.

Commercial fishers who are surface longlining in New Zealand fisheries waters must use a hook or hooks that— (a) are circular or oval in shape; and (b) have the point turned perpendicularly back to the shank; and (c) comply with the requirements set out in a circular (if any) issued under regulation 80C.

(1) The chief executive may issue, amend, or revoke a circular specifying the requirements relating to hooks that commercial fishers must comply with when surface longlining in New Zealand fisheries waters. (2) Before issuing, amending, or revoking a circular, the chief executive must consult, to the extent that is practicable in the circumstances, with any persons or organisations considered by the chief executive to be representative of the classes of persons or organisations likely to be substantially affected by the circular. (3) A circular issued under subclause (1) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).