Conservation Act 1987

Freshwater fisheries - Spawning fish

26ZJ: Offences relating to spawning fish

You could also call this:

"Breaking rules about fish that are laying eggs is against the law"

If you break the rules about spawning fish, you commit an offence. You do this if you contravene section 26ZJA(3) of the Conservation Act. You also commit an offence if you disturb or injure the eggs or larvae of freshwater fish without authorisation.

You commit an offence if you take or have the eggs or larvae of freshwater fish without authorisation. If you disturb sports fish that are spawning, you commit an offence.

You commit an offence if you use certain devices to take sports fish from rivers or streams where they are spawning. If you have these devices near rivers or streams where sports fish are spawning, you commit an offence.

However, if you take freshwater fish and they happen to have eggs or larvae inside, you do not commit an offence. Fish and game rangers are allowed to take actions that would otherwise be offences when sports fish are spawning.

In this section, authorisation means permission given under section 26ZJA(4) or (5) of the Conservation Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM105798.


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"You need a licence to catch sports fish in freshwater or you might get a fine."


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26ZJA: Director-General may declare spawning area, or

"Protecting fish breeding areas: the Director-General can make rules to keep them safe"

Part 5BFreshwater fisheries
Spawning fish

26ZJOffences relating to spawning fish

  1. Every person commits an offence who—

  2. contravenes section 26ZJA(3):
    1. without authorisation, disturbs or injures the eggs or larvae of any freshwater fish:
      1. without authorisation, takes or has possession of the eggs or larvae of any freshwater fish:
        1. disturbs any sports fish that are congregating or have congregated to spawn:
          1. with any spear, gaff, speargun, net, trap, or similar device takes any sports fish from any river or stream where sports fish are congregating or have congregated for spawning:
            1. while in the vicinity of any river or stream where sports fish are congregating or have congregated for spawning, has possession or control of any spear, gaff, speargun, trap, or similar device or material suitable for the taking of any sports fish, in circumstances likely to result in the taking of sports fish.
              1. Subsection (1)(a) to (c) does not apply to the taking of freshwater fish subsequently found to contain eggs or larvae.

              2. Subsection (1)(d) to (f) does not apply to actions taken by a fish and game ranger.

              3. In this section, authorisation means an authorisation given under section 26ZJA(4) or (5).

              Notes
              • Section 26ZJ: replaced, on , by section 9 of the Conservation (Indigenous Freshwater Fish) Amendment Act 2019 (2019 No 55).