Pursuant to Regulation 23(6) of the Waikato-Tainui (Waikato River Fisheries) Regulations 2011, the Minister for Primary Industries hereby gives the following notice.
N o t i c e
1. Title-This notice may be cited as the Fisheries (Declaration of Waikato-Tainui Fisheries Area Bylaws) Notice 2014 (Notice No. MPI 319).
2. Commencement-This notice shall come into effect
28 days after the date of its notification in the New Zealand Gazette.
3. Interpretation-In this notice:
(1) Unless the context requires otherwise, terms have the same meaning as in the interpretation sections of the Waikato-Tainui (Waikato River Fisheries) Regulations 2011, the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010 and the Fisheries Act 1996.
(2) The Trust means the Waikato Raupatu River Trust.
4. Approval of bylaw for the Waikato-Tainui Fisheries Area-The Minister for Primary Industries hereby approves the following bylaws for the Waikato-Tainui Fisheries Area:
Bylaw 1: Incidental catch and release of eels weighing more than the maximum size limit of 2kg and female longfin eels that are in the migratory morphological phase below migration barriers
(a) Notwithstanding bylaw 5 and Regulation 50 of the Fisheries (Commercial Fishing) Regulations 2001, a commercial fisher may take, possess and hold eels taken from within the Waikato-Tainui Fisheries Area that weigh more than 2kg for the purpose of transferring and releasing those eels below physical migration barriers as soon as reasonably practicable.
(b) Notwithstanding bylaw 6, a commercial fisher may take, possess and hold female longfin eels taken from within the Waikato-Tainui Fisheries Area that are in the migratory morphological phase for the purpose of transferring and releasing those eels below physical migration barriers as soon as reasonably practicable.
(c) When exercising this bylaw, a commercial fisher must inform a Fishery Officer as soon as reasonably practicable when taking and being in possession of eels under this bylaw and must inform a Fishery Officer as soon as reasonably practicable of the site and time of release of those eels taken under this bylaw.
Bylaw 2: Temporary prohibition on the taking of fisheries resources from any area within the Waikato-Tainui Fisheries Area due to the occurrence of a human death
(a) The Trust may prohibit the taking of fisheries resources from any area within the Waikato-Tainui Fisheries Area due to the occurrence of a human death.
(b) When making a decision to prohibit the taking of fisheries resources, the Trust must:
(i) specify the relevant area to be closed, subject to sub-clause (v);
(ii) specify the period of the closure, subject to
sub-clause (vi);
(iii) specify any terms and conditions that the Trust considers appropriate;
(iv) publicly notify the details of the closure;
(v) not close more than 10 kilometres of any river or stream, or any lake, pond or water body in its entirety; and
(vi) not close any area for a period exceeding
14 days.
Bylaw 3: Seasonal closure prohibiting the commercial harvest of any eels from specific streams and rivers
(a) No commercial fisher may, between 1 March and
31 May (inclusive), take eels from the following areas:
(i) The Maramarua River and its tributaries between its intersection with State Highway
2 (at 37ø14.83'S and 175ø11.10'E) and its junction with the Whangamarino River (at 37ø18.32'S and 175ø05.09'E).
(ii) The Whangamarino River, between its junction with the Waikato River, including an area enclosed by a circle of a 200m radius with a centre point at the junction of both rivers
(at 37ø17.60'S and 175ø03.53'E) and its intersection with Falls Road (at 37ø20.70'S and 175ø10.99'E).
(iii) The Pungarehu Stream, between its junction with the Whangamarino River (at 37ø20.73'S and 175ø10.69'E) and Lake Waikare, including an area enclosed by a circle of a 200m
radius with a centre point at the mouth of
the stream on Lake Waikare (at 37ø24.39'S and 175ø12.62'E).
(iv) Te Onetea Stream between its junction with Lake Waikare and the Waikato River, including areas enclosed by circles of a 200m radius with centre points at the mouths of the stream on Lake Waikare (at 37ø25.90'S and 175ø10.12'E, and at 37ø26.10'S and 175ø09.84), and at the junction of the stream with the Waikato River (at 37ø26.15'S and 175ø08.51'E).
(v) Notwithstanding the areas closed in (i) to (iv), the seasonal closure does not apply to Lake Waikare.
Bylaw 4: Minimum weight for commercially harvested eels
(a) No commercial fisher may take or possess any shortfin eel taken within the Waikato-Tainui Fisheries Area weighing less than 300g.
(b) No commercial fisher may take or possess any longfin eel taken within the Waikato-Tainui Fisheries Area weighing less than 400g.
Bylaw 5: Maximum weight for commercially harvested eels
(a) No commercial fisher may take or possess any eel taken within the Waikato-Tainui Fisheries Area weighing more than 2kg.
Bylaw 6: Prohibition on taking of female migrant longfin eels
(a) No commercial fisher may take or possess any female longfin eel taken within the Waikato-Tainui Fisheries Area that is in the migratory morphological phase.
5. Fishing subject to these bylaws-All fishing within the Waikato-Tainui Fisheries Area is subject to these bylaws.
6. Breach of bylaws is an offence-Under Regulation 25 of the Waikato-Tainui (Waikato River Fisheries) Regulations 2011, a person commits an offence against those Regulations if the person breaches any of these bylaws.
7. Whakaaetanga kohikohia may override bylaws-Under Regulation 24 of the Waikato-Tainui (Waikato River Fisheries) Regulations 2011, a whakaaetanga kohikohia issued by the Trust for the purpose set out in Regulation 7(4)(a)(ii) prevails over bylaws made under these Regulations if the whakaaetanga kohikohia and the bylaws would both apply and there is an inconsistency between them.
Dated at Wellington this 22nd day of February 2014.
HON NATHAN GUY, Minister for Primary Industries.