Pursuant to section 11 (4) (b) (i) of the Fisheries Act 1996, the Minister of Fisheries hereby gives the following notice.
N o t i c e
1. Title and commencement-(1) This notice may be cited as the Fisheries (Canterbury Set Net Area Amateur Prohibition) Notice 2002.
(2) This notice shall come into effect the day after the date of its notification in the New Zealand Gazette.
2. Interpretation-In this notice:
(a) "Banks Peninsula flounder area" means the following fisheries waters within the Canterbury set net area:
(i) All those waters in Lyttelton Harbour lying
to the west of a line drawn from a point
at 43 38.25' S and 172 42.63' E and a
point at 43 36.92' S and 172 40.22' E; and
(ii) all those waters in Port Levy lying to the south of a line drawn from the base of the Port Levy Wharf (at 43 38.95' S and 172 49.16' E) to the base of the Puari Jetty (at 43 38.97' S and 172 50.18' E); and
(iii) all those waters in Pigeon Bay lying to the south of a line drawn from Teopopaka Point (at 43 40.18' S and 172 54.34' E) and a point at 43 40.18' S and 172 53.42' E; and
(iv) all those waters in Akaroa Harbour lying to
the north of a line drawn between Green Point (at 43 49.0' S and 172 56.90' E) and Ohae Point (at 43 48.24' S and 172 55.30' E).
(b) "Canterbury set net area" means all those fisheries waters on the east coast of the South Island lying within an area defined by a line commencing at a point north of the Waiau River at 42 45.50' E and 173 23.50' E; then proceeding due east to a distance of 4 nautical miles to a point at 173 28.70' E; thence along a line at a distance of 4 nautical miles from the baseline of the Territorial Sea to a position bearing 155 (T), 4 nautical miles from the land boundary of the 45th parallel south of the Waitaki River at 171 12.00' E; thence directly to the
land boundary of the 45th parallel; then proceeding in a northerly direction along the baseline of
the Territorial Sea and including all the bays
and harbours of Banks Peninsula and the
Avon-Heathcote Estuary and its tributaries to the point of commencement.
(c) "Commercial fisher" means any person who holds
a fishing permit issued under section 91 of the Fisheries Act 1996 or section 63 of the Fisheries Act 1983.
(d) "Set net" includes a gill net or any other sort of net which acts by enmeshing, entrapping or entangling any fish.
(e) "South Timaru reef area" means all those fisheries waters within the Canterbury set net area to the east of Timaru between the southern entrance to Timaru Harbour at 44 23.3' S and 171 16' E; then proceeding to a point 0.7 nautical miles off Patiti Point at 44 25' S and 171 16.9' E; then proceeding to a point off Normanby at 44 27.5' S and 171 16' E; then proceeding due west to the coast at 44 27.5' S and 171 15.05' E; then proceeding northwards along the mean high water mark to the point of commencement.
3. Prohibition on use of amateur set nets in the Canterbury set net area-(1) Except as provided in subclause (2), the Minister of Fisheries hereby prohibits any person who is not a commercial fisher from using or setting any set net within the Canterbury set net area from 1 October in any year and ending on 31 March in the following year (both dates inclusive).
(2) Despite subclause (1), a person to whom subclause (1) applies may use or set a set net during the months from October to March in any year in the Banks Peninsula flounder area and the South Timaru reef area.
Dated at Wellington this 21st day of December 2001.
PETE HODGSON, Minister of Fisheries.