Pursuant to Regulation 15 of the Marine Mammals Protection Regulations 1992, I, Barbara Browne, General Manager Operations (Northern), Department of Conservation, hereby declare that for a period of three years from the date of this notice, no new permits for commercial vessel operations to view or swim with common dolphins, bottlenose dolphins, seals or whale species in the area defined below as "Area of Moratorium" and indicated in the map labelled likewise, shall be granted.
Area of Moratorium:
(a) By the line of mean high-water springs from a point near Ohiwa Harbour (at approximately 37ø59.29'S and 177ø09.99'E) to a point on the Territorial Sea boundary (at approximately 37ø47.40'S and 177ø14.85'E) then westward along that boundary to a point on the Territorial Sea boundary (at approximately 37ø04.01'S and 176ø18.80'E) to a point marked by the line of mean high-water springs near Orokawa Bay (at approximately 37ø22.45'S and 175ø56.48'E) on the seaward side constituting a total distance of approximately 165.8 nautical miles; and
(b) by a line joining the point near Ohiwa Harbour (at approximately 37ø59.29'S and 177ø09.99'E) and the point near Orokawa Bay (at approximately 37ø22.45'S and 175ø56.48) along the line of mean high-water springs on the landward side, including Tauranga and Ohiwa Harbours.
This declaration does not apply to the following types of applications that may be made in accordance with the provisions of the Marine Mammals Protection Regulations 1992:
(i) Applications to renew existing marine mammal swimming with or viewing marine mammal permits in the Area of Moratorium;
(ii) applications for commercial aircraft operations and commercial shore-based operations;
(iii) applications by existing permit holders for commercial operations to extend their area of operation provided that does not involve any changes to any other permit conditions.
For the avoidance of doubt, applications to amend existing permits, under Regulation 13(5) of the Marine Mammals Protection Regulations 1992, may be made.
Dated at Hamilton this 11th day of October 2010.
BARBARA BROWNE, General Manger Operations (Northern), Department of Conservation.
Also includes a map of the area concerned.