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Conservation Act 1987

Infringement offences - Infringement offences - Fisheries

51F: Offences relating to spawning fish

You could also call this:

"Don't disturb fish when they're spawning or having babies"

You must not disturb spawning fish without a permit. You cannot disturb a declared spawning area, which is explained in section 26ZJA(7). You also cannot disturb or injure the eggs or larvae of freshwater fish.

You are not allowed to take or have the eggs or larvae of freshwater fish. You must not disturb sports fish that are spawning. You cannot use devices like spears or nets to take sports fish from rivers or streams where they are spawning.

If you have devices that can be used to take sports fish, you must not have them near rivers or streams where sports fish are spawning. There is an exception for freshwater fish that you take and later find have eggs or larvae inside. If you break these rules, you commit an infringement offence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS150479.

Topics:
Environment and resources > ConservationEnvironment and resources > Farming and fishing
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51E: Establishing, managing, or operating fish hatchery in breach of regulations, or

"Breaking the rules for starting or running a fish hatchery"

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51G: Failure to comply with restrictions on fishing, or

"Breaking fishing rules is against the law"

Part 6AInfringement offences
Infringement offences: Fisheries

51FOffences relating to spawning fish

  1. A person must not, without a permit or an authority under this Act, or in contravention of a condition of a permit or an authority,—

  2. disturb a declared spawning area within the meaning of section 26ZJA(7); or
    1. disturb or injure the eggs or larvae of any freshwater fish; or
      1. take or have in the person’s possession the eggs or larvae of any freshwater fish; or
        1. disturb any sports fish that are congregating or have congregated to spawn; or
          1. with any spear, gaff, speargun, net, trap, or similar device, take any sports fish from a river or stream where sports fish are congregating or have congregated for spawning; or
            1. while in the vicinity of any river or stream where sports fish are congregating or have congregated for spawning, have possession or control of any spear, gaff, speargun, net, 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. A person who fails to comply with this section commits an infringement offence.

              Notes
              • Section 51F: inserted, on , by section 13 of the Conservation (Infringement System) Act 2018 (2018 No 61).
              • Section 51F(1)(a): replaced, on , by section 16(1) of the Conservation (Indigenous Freshwater Fish) Amendment Act 2019 (2019 No 55).
              • Section 51F(1)(c): amended, on , by section 16(2) of the Conservation (Indigenous Freshwater Fish) Amendment Act 2019 (2019 No 55).
              • Section 51F(1)(ca): inserted, on , by section 16(3) of the Conservation (Indigenous Freshwater Fish) Amendment Act 2019 (2019 No 55).
              • Section 51F(1)(d): amended, on , by section 16(4) of the Conservation (Indigenous Freshwater Fish) Amendment Act 2019 (2019 No 55).