Pursuant to section 11 of the Fisheries Act 1996, the Minister of Fisheries gives the following notice.
N o t i c e
1. Title—This notice is the Fisheries (Seabird Sustainability Measures—Surface Longlines) Notice 2008.
2. Commencement—This notice comes into force the day after the date of its notification in the New Zealand Gazette.
3. Interpretation—In this notice, unless the context otherwise requires:
“Act” means the Fisheries Act 1996;
“nautical dawn” means the time at sunrise when the centre of the sun is at a depression angle of 12 degrees below the ideal horizon for the place;
“nautical dusk” means the time at sunset when the centre of the sun is at a depression angle of 12 degrees below the ideal horizon for the place;
“set”, in relation to a surface longline, means releasing the surface longline into the water;
“surface longline” means a line to which a hook or hooks (whether baited or not) are attached, and that is:
(a) suspended by floats; and
(b) not attached to the sea floor.
4. Notification of use of surface longlines—(1) No commercial fisher may use surface longlines to take tuna or swordfish within the exclusive economic zone of New Zealand without giving written notification to the chief executive of the intention to do so at least 5 days before doing so.
(2) The chief executive may exempt any particular commercial fisher from the requirement of subclause (1) if satisfied in the circumstances that the requirement is not necessary.
5. Seabird scaring devices required if surface longlines used—If a commercial fisher uses a surface longline to take fish, aquatic life or seaweed within the exclusive economic zone of New Zealand, the commercial fisher must:
(a) carry a seabird scaring device approved by the chief executive on board the vessel used by the commercial fisher; and
(b) use the seabird scaring device in accordance with the written requirements issued by the chief executive (if any); and
(c) permit inspection of the seabird scaring device on board the vessel used by the commercial fisher at any reasonable time by a fisheries officer or an observer appointed under section 223(2) of the Act.
6. Restrictions on use of surface longlines—No commercial fisher may set surface longlines to take fish, aquatic life
or seaweed within the exclusive economic zone of New Zealand between the hours of 0.5 hours before nautical dawn and
0.5 hours after nautical dusk, unless line weighting is employed in accordance with clause 7 of this notice.
7. Line weighting—(1) For the purposes of clause 6, a metal weight of 45g or more must be attached for every hook deployed.
(2) The position of the weight must correspond to one of the following:
(a) Weights less than 60g must be within 1m of the hook; or
(b) weights of 60g–98g must be within 3.5m of the hook; or
(c) weights greater than 98g must be within 4m of the hook.
8. Place of notification—For the purposes of clause 4(1), a commercial fisher may notify the chief executive by delivering the notification:
(a) by hand to Observer Services, Ministry of Fisheries, Level 9, ASB Bank House, 101–103 The Terrace, Wellington; or
(b) by post to Observer Services, Ministry of Fisheries, PO Box 1020, Wellington; or
(c) by email to observer@fish.govt.nz; or
(d) by facsimile to (04) 819 4775.
9. Revocation—The Fisheries (Seabird Sustainability Measures) Notice 2007 (No. F393) (Supplement to New Zealand Gazette, 26 January 2007, No. 8, page 175) is revoked.
Dated at Wellington this 18th day of February 2008.
HON JIM ANDERTON, Minister of Fisheries.