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 2007.
(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 approximately 42°45.50'S and 173°23.50'E); then proceeding in
a generally easterly direction 4 nautical miles seawards from the mean high water mark to a point at 173°28.70'E; then proceeding in a generally southerly direction along a line every point of
which is at a distance of 4 nautical miles from the mean high water mark to a position bearing 155(T), 4 nautical miles from the mean high water mark
at the 45th parallel south of the Waitaki River at 171°12.00'E; thence directly to the mean high water mark at the 45th parallel; then proceeding in a northerly direction along the mean high water mark and including all the bays and harbours of Banks Peninsula and the Avon-Heathcote Estuary and its tributaries to the point of commencement.
(c) “Set net” includes a gill net or any other sort of net which acts by enmeshing, entrapping or entangling any fish.
(d) “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°16.9'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 (3), this Gazette Notice prohibits any person 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) This Gazette Notice does not apply to any person taking any fish, aquatic life, or seaweed while acting under the authority of and in accordance with a current fishing permit.
(3) Despite subclause (1), a person to whom subclause (1) applies may use or set a set net during the months of October and March in any year in the Banks Peninsula flounder area and the South Timaru reef area.
4. Revocation—The Fisheries (Canterbury Set Net Area Amateur Prohibition) Notice 2006, No. F389 published in the New Zealand Gazette, 21 December 2006, No. 174, page 5088, is hereby revoked.
Dated at Wellington this 23rd day of January 2007.
JIM ANDERTON, Minister of Fisheries.