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Launch Forfeited for Taking undersize Scallops : Marlborough Sounds, Pelorus Sound.

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#21 harrytom


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Posted 05 March 2016 - 08:01 AM

play by the rules and everyone is happy.  I am all for taking legal bag limits of fish/shellfish,but we now have more people fishing/gathering and if we took our limits stock might be sustainable for future generations,where in the scallop case they had been cleaned which going by the report were ready for consumption and not returned.  My understanding you can land your catch sort it and return those undersize straight away.


Agree the laws can be a ass,go on holiday,free dive for paua but what do you do with the dive gear onboard for taking crays? visit the poor knights with fishing gear onboard,even though you not fishing,but can you be prosecuted for having gear onboard as the potential to catch fish is there?


Common sense must prevail on both parties surely.

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#22 Black Panther

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Posted 05 March 2016 - 08:39 AM

 visit the poor knights with fishing gear onboard,even though you not fishing,but can you be prosecuted for having gear onboard as the potential to catch fish is there?


Didn't know that, guess I have broken the law again,

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#23 darkside


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Posted 05 March 2016 - 01:49 PM

Just so no one gets in trouble the scallop limit is 20 per person in the Northern region
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#24 Knot Me... maybe

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Posted 05 March 2016 - 02:39 PM

Just so no one gets in trouble the scallop limit is 20 per person in the Northern region

And the Scallops are nicer up north ;)

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#25 Rehabilitated



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Posted 07 March 2016 - 11:43 AM

I am in no way defending this guy, but to be fair, the total of 259 scallops may be legal. Because we do not know hoe any were on board. It is 50Scallops per person, which I actually think is too high a number, but anyway, it's 50. Of course, everyone that claims their 50 must have taken part in the collection of them. For dragging, Both the Driver and the person handling the dredge are participating. So a total of 100 correct size could be kept. We have to assume there were at least 5 persons on board and all 5 had a hand in collecting the Scallops.. The article does not say.

So far I have not been able to find out any more on this case. It was heard over in Nelson and lets just say, I don't have "sources" over there ;-)



Disagree that we have to assume anything. The judge would have had that information or would have request it before sentencing.



Daily catch and legal size limits



The daily catch and legal size limits for scallops and oysters vary from area to area. It's important that you check the rules in your area every time you head out fishing. If you eat any shellfish caught during your trip, you must also count them as part your daily catch limit.


The vessel was capable and with cooking facilities.


Your philosophy we must assume, so also assume as they where all cleaned, free from mud sea bottom growth that he was cooking and eating them either raw or cooked like a lot do.  Easy for the inspector to determine. Dirty dishes, hot stove etc. Accordingly to play safe you do not have any dirty dishes in the sink on the table or in the cockpit or at the helming position. 


If he had receive a fine infringement notice for the amount then he was a idiot to request a court hearing with the evidence that was on board.


Looking at what a court can impose.


Besides his story was bullshit as the judge disbelieved his defence on the grounds they had all been prepared for consumption and keeping.. The ruling is re the shell fish  re being taken definition is.


Shellfish are take when they cannot freely return to the water e.g. placed into a catch bag or similar. At no time while gathering may you be in possession of more than your daily limit.


This means when the dredge is lifted each must be measured and under sized returned immediately.


Use safe and sustainable practices

To stay safe on the water and protect the sustainability of New Zealand scallops and dredge oysters:

  • dive in pairs
  • have at least 2 safety people out of the water to be able to respond to emergencies
  • keep within the size and bag limits
  • measure and count the shellfish as you collect them
  • count what you eat as part of your daily catch limit.



Measuring your catch

You should stay within the legal size limits and accurately measure your catch to help keep local fisheries sustainable. Use the following measurement guides to help you measure finfish, rock lobster, and shellfish.






Measure the greatest diameter of the shell.




Here are the fines penalties.

Penalties for breaching rules


Heavy penalties apply for breaking fishing rules including:

  • infringement notices (fines) of up to $500
  • court fines of up to $10,000 or $250,000
  • seizure of any fish, gear and property (including vessels and vehicles) used to break the rules.

If you are caught breaking the law by a fishery officer, you must:

  • be co-operative and frank
  • answer pertinent questions
  • supply proof
  • provide other necessary information.

If MPI is not satisfied with your explanations, we may take you to court.

Infringement notices

An infringement notice (fine) will be sent to fishers who break recreational fishing rules.

The infringement notice brochure explains what to do if you get an infringement notice including:

  • how to pay
  • how to write in requesting a waiver
  • how to request a court hearing
  • what to do when the infringement is referred to the District Court for collection.


Fishing methods [ from their web site. ]

Using correct fishing methods and equipment protects local fisheries and keeps fish numbers sustainable for future generations. Learn about sustainable fishing methods, like how to measure and release your catch, and restrictions and rules for set nets.


3. Legal size limits apply

There are legal size limits when catching fish recreationally. Limits are set at levels that allow species to breed at least once before being caught and taken home.

Shellfish, like pāua, scallops, or dredge oysters, must also be left in their shells if uneaten, to allow fishery officers to measure them if required.

Stick to the legal size limits for your fishing area. Measure your catch carefully to help keep local fisheries sustainable. Fines and penalties apply for breaking the rules.

If you catch an undersized fish, remember to release it carefully so that it survives to reach a larger size. Don't continue fishing in an area where most of the fish are small, or try using a larger hook.







This a joke !


How can the recreational fisher achieve the above and keep fish numbers sustainable for future generations when there is no such restrictions on commercial fisheries.


Red gurnard and red snapper no size limit for commercial fishers but 25cm for red gurnard sounds area and Auckland  27cm for North Cape to cape runaway red snapper for recreational fishers.



Note the Minimum net mesh size to the Min fish length (cm)


Not sure how you interpret Table 1 - combined bag.





Fisheries (Commercial Fishing) Regulations 2001 Finfish


31 Minimum finfish length and net mesh size


Commercial fishers must not use or possess nets whose mesh size is smaller than that specified for each species in the table in subclause (6), measured in accordance with the requirements of Part 2 of Schedule 3.


The restriction in subclause (1) does not apply if purse seine or lampara nets are used by commercial fishers to take albacore, anchovy, blue mackerel, jack mackerel, garfish, kahawai, koheru, pilchard, saury, skipjack tuna, trevally, or yellowfin tuna.


Despite subclause (1), commercial fishers may take koi or brown bullhead catfish with fyke nets, so long as the mesh of the nets is not less than 12 mm.





No person may sell, possess for sale, or process for sale finfish that are smaller than the length specified in the table in subclause (6) for those species.


Commercial fishers must not take or possess finfish that are smaller than the length specified in the following table for each species:

Species of fish Minimum net mesh size (mm) Minimum fish length (cm)
Blue cod         -                                                                                          33
Blue moki    115                                                                                        40
Butterfish    108                                                                                         35
Elephant fish 150                                                                                       -
Flatfishes (except sand flounder) 100                                                     25
Garfish (piper) 25                                                                                        -
Kahawai          85                                                                                          -
Kingfish        100                                                                                        65
Mullet              85                                                                                          -
Pilchard          25                                                                                          -
Red cod         100                                                                                        25
Red moki 115 40 Rig 150 - Sand flounder 100 23 Snapper 100 25 Tarakihi 100 25 Trevally 100 25 Yellow-eyed mullet 25 -
All others      100                                                                                          -

(7) This regulation does not apply in relation to eels.

Compare: SR 1986/215 r 21

Regulation 31 heading: amended, on 20 December 2015, by regulation 5(1) of the Fisheries (Commercial Fishing) Amendment Regulations 2015 (LI 2015/268).

Regulation 31(4): revoked, on 20 December 2015, by regulation 5(2) of the Fisheries (Commercial Fishing) Amendment Regulations 2015 (LI 2015/268).

Regulation 31(5): amended, on 20 December 2015, by regulation 5(3) of the Fisheries (Commercial Fishing) Amendment Regulations 2015 (LI 2015/268).

Regulation 31(6) table Eels: revoked, on 1 October 2004, by regulation 4(2) of the Fisheries (Commercial Fishing) Amendment Regulations (No 2) 2004 (SR 2004/284).

Regulation 31(7): inserted, on 20 December 2015, by regulation 5(4) of the Fisheries (Commercial Fishing) Amendment Regulations 2015 (LI 2015/268).


At present New world super markets are selling red gurnard fish filleted sized, that measure 13 to 14 cm and smaller. Other times they are larger. At this small size the adult and breeding wild fish stocks are being, for some species, destroyed by the commercial fishers. There are more people buying from commercial retailers than recreational fishers catching fish. The commercial fish sizes locally also are applied to the whole New Zealand exclusive economic zone which is totally unacceptable. They state that recreational fisher should allow fish to be such a size to spawn / breed. That should apply to commercial fishers also but the size in both instances should be that they grow to a size to spawn or breed twice before being caught for human consumption. At 13 to 14 cm filleted they have not reached spawning breeding size.


I would have thought, you all would be more interested in getting balance by demanding, protesting that the recreational actual fish sizes apply to all commercial fishing fishers including foreign fishing vessels.


My local fish shop owner states and agrees with my disgust re commercial fishers catching sizes and state they are getting away with murder compared to the recreational fisher. I assume correctly or incorrectly he is worried that soon there will not be enough wild fish stocks available in abundance and that the numbers available to be caught will be drastically less, which means higher prices for retail fish which means less customers for him as they switch to eat more burgers, meat, alternatives or become vegetarians


Regulations being reviewed




Read a summary about what these themes mean




What's not in the review





The review focuses on enhancing the fisheries management system that we currently have. These core elements of the system will not be changed:

  • sustainable utilisation of fisheries resources as set out in Section 8 of the Fisheries Act
  • the QMS tools (quota and annual catch entitlements)
  • the rights of commercial quota ownership
  • the Crown's obligations under Treaty settlements
  • the rights and interests of tangata whenua, and customary management.
  • the right to fish for recreation.

The areas and fisheries not included are the high seas beyond New Zealand's EEZ.

MPI initiatives underway

The review also recognises the range of initiatives already underway to respond to identified needs in the fisheries management system.

Read about fishery management initiatives underway

What we did

Before we can develop proposals that sustainably deliver for everyone, we need to understand the issues.

Feedback was sought from everyone with an interest in our fisheries.

As well as an online questionnaire, we ran drop-in information sessions and met with interested groups. MPI fisheries experts were available to answer questions and questionnaires could be completed at the venues.

Read about where the drop-in sessions were held

What happens next

We're working on a report – What We Heard – for the Minister for Primary Industries Nathan Guy, which summarises the submissions received.

MPI will then produce a range of additional briefings for the minister. He will then decide on the next course of action.

Updates will be posted on this website, as we continue with the review.

Who to contact

If you have questions about this review, email: fisheries.review@mpi.govt.nz.




Last reviewed: 22 Feb 2016

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#26 Rehabilitated



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Posted 07 March 2016 - 12:13 PM

I agree, penalties need to be equal for all offenders. There seems to be very little in the way of consistency. Even in this particular case, the Officers fined him $1000, he took it to court, he lost $50K. Surely the original fine should have been upheld, rather than the harsher penalty of losing the Boat. Of course, it may have been that losing the boat was the more appropriate penalty, but if that was the case, then the officers should have not given the fine of $1K. They should have simply referred the case to Court. As opposed to some regurgitated garbage, pretty much all of the Pelorus Sound is Scallop Bed. Ketu is shallower and easy to dredge for the amateur. Much of the rest of the Sound opposite Ketu Bay was decimated many years back by a guy that commercially trawled the area and pretty much wiped the other side of that area completely out. He was caught and lost the Boat he was using at the time, which was not his, so someone else paid the price. There can still be Scallops found on the other side and they are slowly re establishing beds.

 Since when have judges been consistence ? .





The fines state $500 not $1000. He obviously thought he could save $500. Did he defend himself or use a lawyer?


Did he appeal the original decision?


If I was judge I would waived the boat confiscation and increased the fine to $250,000 Max as he obviously cooked and ate some and the rest as the judge stated. The judge is not stupid. Plus how can the scallops freely return to the area they have been raped from when some miles further on they are cleaned and put into a container and readied for more consumption or distribution to others. Clearly that is obvious. A lot try and do just that. Ask black Panther.


It is possible to dredge by one self. Dredging speed is not that it is like water skiing.

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#27 harrytom


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Posted 07 March 2016 - 04:01 PM

all good stuff there" Rehabilitated" just one small point    north cape to cape runaway sna1   snapper 300mm not 270mm


That's why I support   "Legasea" 

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#28 erice


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Posted 08 March 2016 - 11:40 AM

more confiscation on the way?


He allegedly sped off up Tuhikaramea Rd and police said they clocked him travelling at 232km/h.


A registrar granted him bail and ordered him to come back to Hamilton District Court on March 30.


Conditions of his bail include not to sell his motorbike and not to drive.



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don't wait for everyone else


to save you from yourself

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Posted 08 March 2016 - 11:57 AM

all good stuff there" Rehabilitated" just one small point    north cape to cape runaway sna1   snapper 300mm not 270mm


That's why I support   "Legasea" 

 Legasea ? questionable.


My brief look at the website gained the impression they are mainly concerned with trying to holt the erosion re the recreation fisheries and with research. But they have not been very successful. They may argue the reduction that wheels complains about would have been greater.

What protests and petitions have they made to the wellington city council, the wellington regional council, Tasman, Auckland regional Council and other councils around nz including our lakes and rivers. The fish are becoming contaminated. They are getting more and more polluted NZ waters. Lyall  bay wellington harbour

When it rains shell fish toxins, permanent notices on all beaches re eating shellfish and reef fish as a result of direct pollution straight into the waters from overflowing, inadequate sewage system, public drainage systems and it's getting worse not better.








What's the story on Auckland. Harbour downgraded from B to C rather than check the pollution or Filter and purify the drainage systems. That was some 20 years ago. Who is the watch dog to ensure it is not downgraded to D  soon ?


Where the representation to the minister to bring Commercial fishers to the same minimum size as recreational fishers. A petition  needs to START.


Commercial Fish Species that commercial fishers are allowed to catch.


Total allowable commercial catch.


Species code Name TACC (kg)


ANC Anchovy 560,000

ANG Freshwater eels 420,150

BAR Barracouta 32,672,461

BCO Blue cod 2,681,496

BIG Bigeye tuna 714,000

BNS Bluenose 2,335,000

BUT Butterfish 162,000


BWS Blue shark 1,860,000


BYA Frilled venus shell 16,000

BYX Alfonsino 2,995,700

CDL Cardinalfish 2,548,000

CHC Red crab 48,000


COC Cockle 3,214,000

CRA Spiny red rock lobster 2,792,839

DAN Ringed dosinia 203,000

DSU Silky dosinia 8,000

ELE Elephant fish 1,283,500

EMA Blue mackerel 11,550,000

FLA Flatfish 5,418,800

FRO Frostfish 4,019,000

GAR Garfish 50,000

GLM Green-lipped mussel 1,720,000

GMU Grey mullet 1,005,601

GSC Giant spider crab 419,000


GSH Ghost shark 3,012,000


GSP Pale ghost shark 1,780,000


GUR Gurnard 5,181,187

HAK Hake 13,211,143

HOK Hoki 120,010,000

HOR Horse mussel 29,000

HPB Hapuku and bass 2,181,600

JDO John dory 1,140,400

JMA Jack mackerel 60,547,234

KAH Kahawai 2,728,000

KBB Bladder kelp 1,509,600

KIC King crab 90,000

KIN Kingfish 200,000

KWH Knobbed whelk 67,000

LDO Lookdown dory 783,000

LEA Leatherjacket 1,431,000

LFE Long-finned eel 82,000

LIN Ling 22,226,000


MAK Mako shark 406,000


MDI Trough shell 160,000

MMI Large trough shell 180,000

MOK Blue moki 608,112

MOO Moonfish 527,000

OEO Oreo 18,860,000

ORH Orange roughy 8,221,000

OYS Dredge oyster 15,544,000

PAD Paddle crab 765,000

PAR Parore 84,000

PAU Paua 1,058,499


PDO Deepwater tuatua 629,000


PHC Packhorse rock lobster 40,300

PIL Pilchard 2,485,000 POR Porae 71,000

POS Porbeagle 215,000 PPI Pipi 204,000

PRK Prawn killer 36,000

PTO Patagonian toothfish 49,500

PZL Deepwater clam 31,500

QSC Queen scallop 380,000

RBM Ray's bream 980,000

RBT Redbait 5,050,000

RBY Ruby fish 812,000

RCO Red cod 8,278,385

RIB Ribaldo 1664,000

RSK Rough skate 1,986,000


RSN Red snapper 146,000

SAE Triangle shell 725,000

SBW Southern blue whiting 43,408,000


SCA Scallop 841,000

SCC Sea cucumber 35,000


SCH School shark 3,436,100

SCI Scampi 1,291,000

SFE Short-finned eel 347,000

SKI Gemfish 1,060,394


SNA Snapper 6,357,300


SPD Spiny dogfish 12,660,000


SPE Sea perch 2,170,000

SPO Rig 1,919,064

SPR Sprats 450,000

SQU Arrow squid 127,332,381

SSK Smooth skate 849,000

STA Stargazer 5,456,400


STN Southern bluefin tuna 413,000


SUR Kina 1,147,000

SWA Silver warehou 1,0380,201


SWO Swordfish 885,000


TAR Tarakihi 6,439,173

TOR Pacific bluefin tuna 116,000

TRE Trevally 3,933,103 T

RU Trumpeter 144,000


TUA Tuatua 43,000

WAR Blue warehou 4,512,358

WWA White warehou 3,735,000


YEM Yellow-eyed mullet 68,000


YNFYellowfin tuna 263,000










Re the Marlin Issue.


All big game recreational and commercial fish game fishing is unnecessary even if tagging and released for adrenaline, as a excitement cruel pass time sport is unacceptable.  Get a computer and catch a fish by computer real life simulation [ with no stress and exhaustion to the fish.]to get your kicks on route 66.


Two quotes from their website.


(1) "I cant beleve as a country that likes to pretend we are clean and green, no effort to make that name a reality is being made and this marlin exploitation is even a question. This is of great concern and as a country our government need to look to the future and preserve our stressed ocean stocks."


"Stop selling our country out!!!"  creatures that take approx. 60 years to mature I say STOP STRESSING and torturing the incredible, magnificent streamline beautiful creatures.










(2) "I am 36 years old and have taken up fishing as a hobby in the last 3 years. This year I was lucky enough to 'hookup' on a striped marlin. It was easily one of the greatest thrills of my life. I still smile when I think about the reel screaming. Don't deny others that joy."


I wonder if he gave a moment to think the 3 hours or more, the pain, the screaming, and near to exhaustion the fish was put through in order for some people to get a thrill and experience joy. What JOY and thrill did the MARLIN experience. 


Marlin fishers are stressing them for entertainment, thrill seeking, torture indulging thrills, mutilating them for souvenirs on a fish and by payment with dollars to the charter industry.


All big game fishing should be banned. Eat them. Do you know the larger the fish especially MARLIN are toxic, loaded with dangerous levels of MERCURY.





.Not to be EAT or Sale.

Tuesday, 01 March 2016


The recreational fisher that broke the story to the NZ herald said he found it very hard to believe a recreational fisher would catch four marlin and cut the bills and the rest of the body off all the same way with something that's not a knife.


An MPI spokesperson said removing marlin's bills for a souvenir was consistent with recreational caught marlin, but MPI could not definitively say where the heads had come from at this point.


Read the latest MPI report.  Date:

02 Mar 2016


Inquiries made by MPI about marlin heads found on Muriwai Beach revealed they are almost certainly linked to recreational fishing activity over the weekend.Ministry for Primary Industries District Compliance Manager - Manukau, Jacob Hore said fishery officers started making inquiries about the heads when contacted by the Herald on Tuesday afternoon.

“Fishery officers established that there had been a club sports fishing competition in the area. Also, as the conditions were perfect for launching boats on the west coast over the weekend, there were also a lot of non-club recreational fishers out targeting marlin.

“We were able to establish that no commercial boats that might have caught marlin as unintended by-catch were in the area.”














Note the number on tags stress fights, that this fish has endured and is enduring this photo shoot in the name of thrills, trophies, 

to gloat to friends and to satisfied his sadistic cravings, addiction.





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#30 harrytom


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Posted 08 March 2016 - 04:51 PM

My views on game fishing(which I do not do) is catch for food,bugger the releasing,same as snapper I catch,my policy if legal it goes home.    Some claim fish survives but who knows,just because it swims away?

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