Pursuant to section 11 of the Fisheries Act 1996, the Minister for Primary Industries, after complying with sections 11 and 12 of that Act, gives the following notice.

Notice

1. Title

This notice is the Fisheries (Conway River to Marfells Beach Shellfish and Seaweed Harvest Closure) Notice 2018.

2. Interpretation

In this notice:

Shellfish means all species of the phylum Echinodermata and phylum Mollusca and all species of the class Crustacea at any stage of their life history, whether living or dead, but does not include:

• scampi (Metanephrops challengeri);
• rock lobster (Jasus edwardsii); or
• octopus (Pinnoctopus cordiformis).

Seaweed means all kinds of algae and sea-grasses that grow in New Zealand fisheries waters at any stage of their life history, whether living or dead.

Conway River to Marfells Beach Area means waters within the following lines:

1. From the starting point on Marfells Beach at 41°43.655′S and 174°12.645′E; then
2. by a straight line for approximately 4 nautical miles in a generally north-north easterly direction to a seaward point at 41°39.474′S and 174°14.876′E; then
3. proceeding in a generally easterly then southerly direction by a line, each point of which is 4 nautical miles from the mean high-water mark of the South Island to a seaward point at 42°38.153′S and 173°33.378′E; then
4. by a straight line in a generally west-north westerly direction to a point at 42°36.885′S and 173°28.113′E (a point on land at the Conway River); then
5. by a line in a generally north easterly direction along the mean high-water mark to the starting point.

3. Commencement

This notice comes into force on 24 August 2018.

4. Conway River to Marfells Beach Area closed for the taking of shellfish (excluding scampi and rock lobster) and seaweed

A person must not take shellfish or seaweed from the Conway River to Marfells Beach Area, or possess shellfish or seaweed taken from the Conway River to Marfells Beach Area, while this notice is in force.

5. Penalty

Under section 228 of the Fisheries Act 1996, every person commits an offence and is liable to a fine not exceeding $100,000 (as set out in section 252(5) of that Act) who contravenes, or fails to comply with, any sustainability measure implemented by notice in the New Zealand Gazette under section 11(4)(b)(i).

6. Customary Fishing

This notice does not restrict the taking of fish, aquatic life or seaweed taken in accordance with Regulations 50–52 of the Fisheries (Amateur Fishing) Regulations 2013 or the Fisheries (South Island Customary Fishing) Regulations 1998.

7. Revocation

The Fisheries (Conway River to Marfells Beach Shellfish and Seaweed Harvest Closure) Notice 2017 (Notice No. MPI 808) is revoked.

Dated at Wellington this 19th day of July 2018.

Hon STUART NASH, Minister of Fisheries.