Pursuant to Regulations 25 and 26 of the Fisheries
(South Island Customary Fishing) Regulations 1999,
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 (Declaration of Te Whaka a Te Wera Mataitai Reserve Bylaws) Notice 2006.
(2) This notice shall come into effect 28 days after the date of its notification in the New Zealand Gazette.
2. Interpretation—In this notice:
(a) The term “Te Whaka a Te Wera Mataitai Reserve” means the mataitai reserve at Te Whaka a Te Wera (Paterson Inlet), Stewart Island notified in the Fisheries (Declaration of Mataitai Reserve and Appointment of Tangata Tiaki/Kaitiaki) Notice 2004 (No. F310) (New Zealand Gazette, 2 December 2004, No. 158, page 3921).
(b) Any reference to “Tangata Tiaki/Kaitiaki” means any person or persons appointed as Tangata Tiaki/Kaitiaki for the Te Whaka a Te Wera Mataitai Reserve under Regulation 21 of the Fisheries
(South Island Customary Fishing) Regulations 1999.
(c) For the purposes of this bylaw, white pointer includes white shark and mako-taniwha.
(d) Unless the context requires otherwise, terms have the same meaning as in the interpretation sections
of the Fisheries (Southland and Sub-Antarctic
Areas Amateur Fishing) Regulations 1991, the Fisheries (Amateur Fishing) Regulations 1986,
the Fisheries (South Island Customary Fishing) Regulations 1999 and the Fisheries Act 1996.
3. Approval of bylaws for the Te Whaka a Te Wera Mataitai Reserve—The Minister of Fisheries hereby approves the following bylaws for Te Whaka a Te Wera Mataitai Reserve:
Bylaw 1: Maximum daily limit on certain species—
The following table sets out the maximum daily numbers of particular species that may be taken or possessed by a person within Te Whaka a Te Wera Mataitai Reserve:
Finfish Maximum Daily Numbers
Blue cod 10
Flatfish 10
Shellfish
Paua 5
Bylaw 2: Prohibition on taking of mako shark and white pointer—No person may, on any day:
(a) take any mako shark or white pointer from within Te Whaka a Te Wera Mataitai Reserve; or
(b) possess any mako shark or white pointer in that area; or
(c) possess any mako shark or white pointer taken from in that area.
Bylaw 3: Use of small hooks prohibited for taking fish on board any fishing vessel within Te Whaka a Te Wera Mataitai Reserve—No person shall use on board any fishing vessel in Te Whaka a Te Wera Mataitai Reserve
any fishing hook less than hook size 6/0 or smaller than 50mm (measured from the eye of the hook to the crown as illustrated).









Bylaw 4: Restriction on line fishing within Te Whaka a Te Wera Mataitai Reserve—No person may:
(a) use or possess more than 1 line in Te Whaka a Te Wera Mataitai Reserve; or
(b) use or possess in Te Whaka a Te Wera Mataitai Reserve any line that has more than 2 hooks attached.
Bylaw 5: Prohibition on using drag nets within Te Whaka a Te Wera Mataitai Reserve—No person may use or possess a drag net within Te Whaka a Te Wera Mataitai Reserve.
Bylaw 6: Restrictions on the use of rock lobster pots within Te Whaka a Te Wera Mataitai Reserve—
(a) The maximum number of rock lobster pots that may be used, set or possessed within Te Whaka a Te Wera Mataitai Reserve is:
(i) in the case of pots being used, set or possessed by an individual (including by an individual who is the only person on a fishing vessel),
2 pots;
(ii) in the case of pots used, set or possessed by 2 or more individuals from a fishing vessel, 4 pots.
(b) No person may use, set or possess a rock lobster pot within Te Whaka a Te Wera Mataitai Reserve larger than 1000mm long by 1000mm wide by 500mm deep.
Bylaw 7: Prohibition on taking paua in the Bravo Islands area within Te Whaka a Te Wera Mataitai Reserve—
(a) No person may, on any day, take or possess any paua from the Bravo Islands area lying within
Te Whaka a Te Wera Mataitai Reserve.
(b) For the purposes of this bylaw, the Bravo Islands area commences at a point on the eastern side of Bravo Island (at approximately 46°57'7?S and 168°08'45?E); then following the mean high-water mark in a westerly direction along the northern shoreline of Bravo Island to a point (at approximately 46°57'57?S and 168°08'10?E); then proceeding generally west across the sand spit to a point on the Stewart Island coast (at approximately 46°57'54?S and 168°07'9?E); then following the mean high-water mark in a generally westerly direction to the eastern head of Gentian Cove (at approximately 46°57'30?S and 168°07'35?E); then proceeding in a generally north and then easterly direction along a 400 metre radius extending from the mean high-water mark of Tommy Island, Refuge Island, Crayfish Island, Groper Island and Goat Island to a point offshore from Goat Island (at approximately 46°57'7?S and 168°08'95?E); then proceeding west to the point of commencement on Bravo Island.
Bylaw 8: Maximum combined daily limit—Not withstanding the daily finfish species limits provided for by these bylaws for Te Whaka a Te Wera Mataitai Reserve and anything in the Fisheries (Southland and Sub-Antarctic Areas Amateur Fishing) Regulations 1991, no person may, on any day:
(a) take from within Te Whaka a Te Wera Mataitai Reserve more than 15 finfish; or
(b) possess more than 15 finfish in that area; or
(c) possess more than 15 finfish taken from within that area.
Bylaw 9: Prohibition on taking of scallops—No person may:
(a) take any scallops from Te Whaka a Te Wera Mataitai Reserve; or
(b) possess any scallops in that area; or
(c) possess any scallops taken from in that area.
4. Fishing subject to these bylaws—Under Regulation 25 (3) of the Fisheries (South Island Customary Fishing) Regulations 1999, all fishing within the Te Whaka a Te Wera Mataitai Reserve is subject to these bylaws.
5. Breach of bylaws is an offence—Under Regulation
43 of the Fisheries (South Island Customary Fishing) Regulations 1999, a person commits an offence against
those Regulations if the person breaches any of these bylaws.
Dated at Wellington this 21st day of March 2006.
JIM ANDERTON, Minister of Fisheries.
go1978