Pursuant to Regulation 15 of the Marine Mammals Protection Regulations 1992, I, Martin Kessick, Acting Deputy Director-General, Operations, Department of Conservation, hereby give notice that for a period of 10 years from 16 September 2016, no new permits shall be granted for commercial operations to view dolphins, whales or seals, or swim with dolphins or seals, in all those waters between Snuffle Nose (172° 49.5396E, 43° 53.3206S) and Pompey’s Pillar (173° 04.7565E, 43° 51.2091S) including Akaroa Harbour, and extending out seaward to 4 nautical miles from the coast between 172° 46.0857E, 43° 56.3792S and 173° 07.8296E, 43° 54.4656S.

This declaration does not apply to the following types of application that may be made in accordance with the provisions of the Marine Mammals Protection Regulations 1992:

• any application to renew an existing commercial marine mammal permit to view dolphins, whales or seals, or swim with dolphins or seals, which the Director-General considers, in his or her opinion, is on the same or similar conditions, for the area specified above;
• any application to amend an existing commercial marine mammal permit, which in the opinion of the Director-General, would have a minor effect on Hector’s dolphins or is of short duration;
• any application to the Director-General by a permit holder to transfer the permit holder’s commercial marine mammal permit if the application does not seek an increase in, or would not result in an increase in, the level of effect on Hector’s dolphins;
• any application for a new commercial marine mammal permit which has been accepted by the Director-General and has been advertised under Regulation 11 of the Marine Mammals Protection Regulations 1992 before the date of this declaration.

Dated at Wellington this 6th day of September 2016.

MARTIN KESSICK, Acting Deputy Director-General, Operations, pursuant to a letter of acting appointment dated 18 August 2016, and pursuant to an Instrument of Delegation dated 9 September 2015 from the Director-General of Conservation.

A copy of the instrument of delegation may be inspected at the Director-General’s office.