Nuova Zelanda

 

Play your part to conserve the resource

Fishing is one of New Zealand's most popular recreational activities. Every year a large number of finfish, rock lobster and shellfish are taken by recreational fishers. This can seriously affect local fisheries. This means it is important for all fishers to act responsibly and help conserve the resource.

Know the limits

Commercial fishers must have a current fishing permit and are subject to strict quotas or limits on how much they can catch, along with many other controls. The restrictions on recreational fishers are relatively simple. The three main things to remember are:

Only those people physically involved in taking finfish, rock lobster, or shellfish are entitled to claim a catch within the daily limit. You should also be aware of the restrictions on the fishing gear and methods you can use.

Alive and unharmed

Unlawfully taken fish (such as fish taken in excess of your daily limit, undersized fish, or fish taken with undersized mesh) must be immediately returned to the water. Fish taken alive should be handled with wet cotton or rubber gloves or at least wet hands and returned to the water very gently, allowing the fish to slide into the water from as close to the surface as possible. It is important to return fish, especially shellfish and rock lobster, as near as possible to the place where they were found. Dead fish that are taken unlawfully must also be returned to the water. If you encounter large numbers of undersized fish then change locations or use a larger hook size.

A guide

These notes provide a guide to the regulations. For full details on amateur fishing restrictions, contact you nearest Ministry of Fisheries office. A complete copy of the law (including the Fisheries Act 1983 and the Fisheries Act 1996 and associated regulations) are available from Bennetts Government Bookshops.

The information contained in this section only applies to to the Central areas (see diagram below). For general information on the North and South areas please contact your local Ministry of Fisheries office or the relevant section of this website.

FINFISH - Bag limits and size restrictions

In the Central and Challenger Fishery Management Areas there is a combined daily bag limit of 20 finfish, consisting of any combination of:

-

blue cod*

-

blue moki

-

bluenose

-

butterfish

-

elephant fish

-

flatfish

-

grey mullet

-

John dory

-

kahawai

-

red cod

-

red gurnard

-

red moki

-

rig

-

school shark

-

tarakihi

-

trevally

Additionally, individual limits, over and above the combined bag, apply to:

-

snapper - a daily bag limit of 10.

-

hapuku/bass and kingfish - a combined daily bag limit of 5 with no more than 3 kingfish.

-

freshwater eels - a daily bag limit of 6.

Blue Cod

A new recreational daily bag limit of three blue cod, with a new minimum size limit of 30 cm takes effect on 1 October 2003 for the Challenger East Area around the top of the South Island (Farewell Spit to the Clarence River, see map below). See press release,

There is no limit on species not named above.

Length measurement

Finfish length is measured from the tip of the nose to the rear end of the middle ray of the tail fin as shown below.

Finfish measurement diagram

 

FINFISH - Method and species restrictions

Line fishing

-

No person may use or be in possession of more than one line (other than handlines or rod and reel lines). Note: Quinnat salmon fishers are only permitted one line.

-

All surface floats attached to any line must be marked with the fisher's initials and surname.

-

No person may use or possess a line with more than 25 hooks.

-

Where more than one person is using a line from a vessel (other than rod and reel lines), no more than two lines (other than rod and reel lines) may be used, set from or possessed on board that vessel.

No person shall take any eels from Lake Horowhenua or the Hokio Stream unless that person does so in exercise of fishing rights pursuant to Section 18 of The Reserves and Other Lands Disposal Act 1956.  

General netting restrictions

-

No person may set or possess more than one drag net, set net, fyke net, or any other type of net at any one time.

-

Nets must be hauled by hand.

-

Any net or nets used either individually or jointly must not extend across more than one-quarter of the width of any river, stream, channel, bay or sound.

-

No person may set or use a baited net.

 

Set net restrictions

-

Only one set net is allowed to be used from, or be on board, any vessel. An additional baitfish net is allowed so long as it is less than 10 metres long and has mesh size of 50 mm or less.

-

Must not exceed 60 metres in length.

-

Must not be set within 60 metres of another net.

-

Must not be secured by stakes.

-

Each end of a set net must have a surface float marked with the fisher's initials and surname.

-

Must not be used in a way that causes fish to be stranded by the falling tide.

 

Drag net restrictions

-

Drag nets must not exceed 40 metres in length.

-

Total warp length must not exceed 200 metres.

Size and method restrictions

Finfish species

Minimum fish length (cm)

Minimum set net mesh size (mm)

Blue Cod

Central FMA

33

100

 

Challenger East
Challenger West
Marlborough Sounds

30
33
30

100

Blue moki

40

114

Bluenose

-

160

Butterfish

35

108

Elephant fish

-

150

Flatfish (except sand flounder)

25

100

Garfish (piper)

-

25

Groper/hapuku/bass

-

160

Herrings

-

25

Kahawai

-

100

Kingfish

65

100

Grey mullet

-

100

Pilchard

-

25

Red cod

25

100

Red moki

40

115

Rig

-

150

Sand flounder

23

100

School shark

-

150

Snapper

Central

27

100

 

Challenger

25

100

Tarakihi

25

100

Trevally

25

100

All others

-

100


-

The minimum mesh size for drag nets is 100 mm.

-

The minimum mesh size for eel fyke nets or traps is 12 mm.

 


 

SHELLFISH - How to measure shellfish

Shellfish measurement diagram

-

Paua - measure the greatest length of the shell in a straight line. (Do not measure over the curve of the shell).

-

Scallops - measure the greatest diameter of the shell.

-

Dredge oysters - must not pass through a rigid circular metal ring with an inside diameter of 58 mm.

Scuba gear (does not include snorkels)

-

No person may take paua and/or mussels using scuba gear.

-

No person may be in possession of paua and/or mussels while in possession of scuba gear. This includes possession in or on any vessel or vehicle.

Open season for scallops

-

15 July to 14 February inclusive.

 


Shellfish species

Daily Limit per person

Minimum size (mm)

Cockles

150

none

Kina (sea eggs)

50

none

Mussels

50

none

Oysters- Dredge

50

58 *

Oysters- Rock & Pacific

250

none **

Paua - Ordinary

10

125 *

Paua - Yellow foot

10

80 *

Pipi

150

none

Scallops

Central

20

100 *

 

Challenger

50

90 *

Toheroa

 

Prohibited ***

Tuatua

150

none

All others (combined)

50

none

* Scallops, dredge oysters and paua may not be possessed out of the shell seaward of the mean high water at any time.

** Rock oysters and Pacific oysters must not be opened while they adhere to the object on which they grow.

*** Toheroa must not be taken, possessed, or disturbed unless an open season is declared by the Chief Executive of the Ministry of Fisheries.

ROCK LOBSTER - Daily limit

No person may take or possess more than 6 rock lobsters (both species combined) taken on any one day.

Minimum sizes

No person may take or possess:

-

Male spiny rock lobster with a tail width less than 54 mm.

-

Female spiny rock lobster with a tail width less than 60 mm.

-

Packhorse rock lobster (either sex) with a tail length less than 216 mm.

If you are unsure of the sex, use the 60 mm measurement and you will be safe.

Packhorse rock lobster

The tail length is measured along the underside in a straight line from the rear of the calcified bar on the first segment to the tip of the middle fan of the tail.

Protected rock lobster

The following types of rock lobster must be returned immediately to the water:

-

Undersized rock lobsters.

-

Any rock lobster carrying external eggs (these are carried between the pleopods on the underside of the tail).

-

Any rock lobster in the soft shell stage.

-

Any rock lobster that cannot be measured (e.g. because of damage to the tail preventing accurate measurement).

Method restrictions

It is an offence to:

-

Remove external eggs or the egg-bearing appendages from any rock lobster.

-

Use a spear or any device which could puncture the shell when taking rock lobsters, or possess any rock lobster which has been speared.

-

Set a rock lobster pot unless the pot and the surface float are marked with the fisher's initials and surname.

-

Set or possess a rock lobster pot unless it has an escape gap as detailed in the "ESCAPE GAPS FOR ROCK LOBSTER POTS" section.

Escape gaps for rock lobster pots

Escape gap diagram (beehive)

-

Round or beehive shaped pots must have at least 3 escape gaps/or apertures (other than the mouth). Each aperture must have an inside dimension of not less than 54 mm x 200 mm.

Escape gap diagram (square)

-

Square or rectangular shaped pots must have at least two escape gaps/or apertures (other than the mouth) in opposite faces of the pot. Each aperture shall not be less than 80% of the height or length of the face of the pot in which the apertures are contained. Each aperture shall have an inside dimension of not less than 54 mm x 200 mm.

-

Any rock lobster pot constructed entirely of unaltered spot welded mesh with inside dimensions of 54 mm x 140 mm does not have to have escape gaps/or apertures.

-

No escape gap or aperture shall be incorporated in either the top or the bottom of any pot.

-

Escape gaps or apertures are designed to allow undersized rock lobster to escape.

How to measure a spiny rock lobster

The tail width is measured in a straight line between the tips of the two large (primary) spines on the segment of the tail, as shown in the diagram which follows:

Crayfish measurement diagram

The sex is easily determined:

-

Females have small pincers on the rear pair of legs.

-

Pleopods are in paired form on each side of the under surface of female tails, and are in single form in male tails.

If you are unsure of the sex, use the 60 mm measurement and you will be safe.

How to measure a packhorse rock lobster

The tail length is measured along the underside in a straight line from the rear of the calcified bar on the first segment to the tip of the middle fan of the tail.

Closed Season

No person may set any pot, or take or possess rock lobster, in the area from East Cape Lighthouse to the mouth of the Wairoa River from 1 September to 30 November inclusive.

Rock Lobster Pot Limits

Boundary: From Te Arai Point north of Auckland southward around the coast to East Cape, down the East Coast around the bottom of the North Island and up to the mouth of the Manawatu River.

-

There is a limit of three pots per person.

-

There is a maximum of six pots per vessel (two or more people).

 

Closed Areas - Marine reserve

Te Angiangi Map

Sugar Loaf Map

Sugar Loaf Islands Marine Park Restrictions

 

ZONE 1 AND 3:
(i) Use of nets or set lines is prohibited.
(ii) Use of any line with more than 3 hooks is prohibited.
(iii) No person shall be in possession of fishing gear within this zone that is not permitted to be used in the zone unless the gear is stowed or sealed in such a manner that it cannot be readily used for fishing.

ZONE 2:
(i) No person shall take any fish within Zone 2 other than Kingfish or Kahawai taken by trolling or by spearfishing.
(ii) No person shall be in possession of fishing gear within Zone 2 that is not permitted to be used in the zone unless the gear is stowed or sealed in such manner that it cannot be readily used for fishing

Fisheries Infringement Notice Process

The infringement notice process is set out in the Fisheries Act 1996 and the Summary Proceedings Act 1957. These Acts detail the way in which infringement notices may be served and the administrative process relating to each notice.

Fishery Officers may issue infringement notices when they believe a person has committed one of a number of fisheries offences that are prescribed as an infringement offence in the Fisheries (Infringement Offences) Regulations 2001.

The fishery officer may serve the notice personally or attach the notice to the fishing vessel relating to the commission of the offence. The notice may also be posted it to the person's address. The notice is then deemed to have been legally served.

Action must be taken no later than 28 days after the ticket was issued. If the infringement fee is paid within the 28 days after the issue of the notice no further proceedings will be taken.

If you wish to deny the offence, or give an explanation as to why you committed the offence, you must contact the Ministry, in writing, within 28 days after the ticket was issued. You may also choose to have the matter heard in Court. If the matter isn't progressed in some way within the 28 days a reminder notice will be sent to your last known address.

If, after another 28 days, the matter still hasn't been resolved, the issuing authority will usually lodge the matter with the Court as an unpaid infringement fee. It then becomes a matter for the Department for Courts. Additional costs are added to the original fee.

Options you have:

A brief summary of your rights and obligations is given on the back of the

infringement notice.

If the fine is paid within 28 days no further action will be taken.

If you wish to offer an explanation, deny the offence and request a court hearing, or admit the offence but make written submissions to the Court for consideration, you must write to the Ministry of Fisheries.

The Ministry may:

Cancel the infringement notice and fee, but issue a warning.

Request more information to assist in a decision.

Reject your explanation and requires you to pay the fine.

If your explanation is not accepted you will be sent a letter outlining any further options you may have (such as requesting a hearing) before the matter is lodged in the Court.

Paying a Fisheries Infringement Fee

Infringement fees can be paid by cash or cheque at any branch of Westpac Trust. You must ensure you have the infringement notice or reminder notice with you for the bank to be able to accept payments, OR you can send a cheque or money order to:

Ministry of Fisheries
PO Box 6413
WELLINGTON

For further information regarding the fines process -

Department for Courts -
http://www.fines.govt.nz/flowchart.html
Citizens Advice Bureau -
http://www.cab.org.nz/information/Court_Fines.html

Requests for review or complaints
All requests for a review of a notice and/or a complaint must be put in writing to:

Infringement Processing Centre,
Ministry of Fisheries,
PO Box 6413,
Wellington
- and must be signed by the person named in the notice.

Please include all of the following:

The notice number.

Your full name and address for replies.

A contact telephone number.

Your letter should include a copy (not the original) of any supporting documentation you have. All requests are read and acknowledged. Responses take a minimum of 7 days.

Note: As these requests require a signature, we are unable to accept them via email at the present time.

What is the infringement fee for….

Recreational Offences

Taking undersize fish

$250

Using illegal gear

$250

Taking excess fish up to 1x over the bag limit

$250

Taking prohibited species (toheroa, Black Coral)

$500

Taking excess fish between 1x and 2x over the bag limit

$500

Commercial Offences

Filing a fishing return between the 16th and 21st of the month is which it was due

$400

Filing a nil return after the 15th of the month in which it was due

$400

Filing a fishing return between the 21st of the month in which it was due and the 15th of the following month.

$750

Who can receive a fisheries infringement notice….

Fisheries Infringement notices may be issued to any person 17 years of age and over who has committed an offence against the fisheries infringement regulations. Depending on the type of offence this could include all members of a fishing party where the offenders cannot adequately identify their own individual catch