Pursuant to Regulations 28 and 29 of the Fisheries (Kaimoana Customary Fishing) Regulations 1998, the Minister for Primary Industries hereby gives the following notice:

Notice

1. Title—This notice may be cited as the Fisheries (Declaration of Toka Tāmure Mātaitai Reserve Bylaws) Notice 2016.

2. Commencement—The bylaw comes into effect 28 days after the date of its notification in the New Zealand Gazette.

3. Interpretation—In this notice:

1. The term Toka Tāmure Mātaitai Reserve means that mātaitai reserve at Mahia Peninsula notified in the Fisheries (Declaration and Notification of Toka Tamure Mātaitai Reserve and Appointment of Tangata Kaitiaki/Tiaki) Notice 2012 (New Zealand Gazette, 16 August 2012, No. 98, page 2736).
2. Unless the context requires otherwise, terms have the same meaning as in the interpretation sections of the Fisheries (Kaimoana Customary Fishing) Regulations 1998 and the Fisheries Act 1996.

4. Approval of bylaws for the Toka Tāmure Mātaitai Reserve—The Minister for Primary Industries has approved the following bylaws for the Toka Tāmure Mātaitai Reserve:

Bylaw 1 — Prohibition on taking certain species

A person must not take any of the following species from the Toka Tāmure Mātaitai Reserve:

Beach cast seaweed

Cockles

Conger eel

Deepwater clam

Freshwater eel

Karengo seaweed

Mussels

Packhorse rock lobster

Paua

Pipi

Sea cucumber

Seahorse

Surf clams

Tuatua

Bylaw 2 — Maximum daily limit for spiny rock lobster

A person must not, on any day, take more than three spiny rock lobsters from Toka Tāmure Mātaitai Reserve.

Bylaw 3 — Maximum daily limit for kina

A person must not, on any day between 1 August and 29 February of any year, take more than 25 kina from Toka Tāmure Mātaitai Reserve.

Bylaw 4 — Prohibition on taking kina during closed season

A person must not, on any day between 1 March and 31 July of any year, take any kina from Toka Tāmure Mātaitai Reserve.

Bylaw 5 — Prohibition on using underwater breathing apparatus

A person must not use an underwater breathing apparatus to take fish, shellfish or seaweed from Toka Tāmure Mātaitai Reserve.

Bylaw 6 — Prohibition on using loops

A person must not use a loop to take spiny rock lobster from Toka Tāmure Mātaitai Reserve.

Dated at Wellington this 19th day of February 2016.

Hon NATHAN GUY, Minister for Primary Industries.

Explanatory note

Fishing subject to these bylaws

Under Regulation 28(3) of the Fisheries (Kaimoana Customary Fishing) Regulations 1998, these bylaws apply generally to all persons fishing in the Toka Tāmure Mātaitai Reserve.

Breach of bylaws is an offence

Under Regulation 44 of the Fisheries (Kaimoana Customary Fishing) Regulations 1998, a person commits an offence against those Regulations if a person breaches these bylaws.