Pursuant to Regulation 25 of the Te Arawa Lakes (Fisheries) Regulations 2006, the Minister of Fisheries hereby gives the following bylaws.

Bylaws

1. Title

These bylaws may be cited as the Te Arawa Lakes (Fisheries) Bylaws 2020.

2. Commencement

These bylaws shall come into effect 28 days after its notification in the New Zealand Gazette.

3. Interpretation

(1) In these bylaws, unless the context otherwise requires,—

Aho Hī Ika means set line

Hīnaki means fyke net

Īnanga means adult fish only (Galaxias maculatus spp)

Kākahi means a fresh water Mussel (Echyridella menziesi)

Kōaro means Galaxias brevipinnis

Kohi means gathering by hand

Kōura means a fresh water crayfish (Paranephrops planiforns)

Matarau means a spear or gaff

Morihana means a Wild Goldfish (Carassius auratus)

Ngā Taonga Ika includes the following fish species, Tuna, Īnanga, Kākahi, Kōaro, Kōura and Morihana

Paepae means dredge net

Panekoti means a scrim net

Rapu means catching by hand

Rama means to catch by torch or light

Ruku means free diving

Significant Event is an event held in accordance with Te Arawa tikanga, and includes a hui, wedding, tangihanga or similar occasion

Tau koura means a long line anchored at both ends with bundles of foliage attached

Te Arawa Lakes Area is the area defined in bylaw 4

Te kapu means raking

Trust means the Te Arawa Lakes Trust that is established through trust deed

Tuna means both the shortfin and longfin freshwater eel (Anguila australis and Anguilla dieffenbachii)

Vehicle includes a boat or automobile.

(2) Unless the context requires otherwise, terms have the same meaning as in the interpretation sections of the Te Arawa Lakes (Fisheries) Regulations 2006, Te Arawa Lakes Settlement Act 2006, and the Fisheries Act 1996.

4. Te Arawa Lakes Area

(1) These bylaws apply to the Te Arawa Lakes Area that includes the following: Lakes Rotoehu, Rotomā, Rotorua/Te Rotorua nui a Kahumatamomoe, Ōkataina/Te Moana i kataina a Te Rangitakaroro, Rotoiti/Te Roto Whaiti i kite ai a Īhenga i Ariki ai a Kahumatamomoe, Ōkareka, Rerewhakaaitu, Tarawera, Rotomahana, Tikitapu (the Blue Lake), Ngāhewa, Tutaeīnanga, Ngāpouri (Opouri) and Ōkaro (Ngākaro).

(2) Excluded from the area set out in bylaw 4(1) is Lake Rotokakahi and Ohau Channel and any streams that flow into the lakes described in bylaw 4(1).

5. Prohibition on taking Kōaro

(1) No person may take or possess kōaro from the Te Arawa Lakes Area.

(2) Any person who takes a kōaro from the Te Arawa Lakes Area, either intentionally or accidentally, must release it immediately back into the relevant lake.

(3) Bylaw 5(1) applies despite a person having been issued a puka whakamana under Regulation 15 of the Te Arawa Lakes (Fisheries) Regulations 2006.

6. Prohibition on taking Ngā Taonga Ika

(1) Subject to Regulation 15 of the Te Arawa Lakes (Fisheries) Regulations 2006, no person may take or possess Ngā Taonga Ika from the Te Arawa Lakes Area.

(2) Subject to Regulation 15 of the Te Arawa Lakes (Fisheries) Regulations 2006, any person who takes Ngā Taonga Ika from the Te Arawa Lakes Area, either intentionally or accidentally, must release it immediately back into the relevant lake.

7. Restrictions on taking or possessing Tuna, Kākahi, Kōura, Īnanga and Mōrihana

Tuna

(1) No person may take or possess tuna from the Te Arawa Lakes Area that is shorter than the following lengths:

1. 500mm for long fin tuna, and
2. 380mm for short fin tuna.

(2) A person who is in control of a vehicle may have no more than 2 tuna in their vehicle from the Te Arawa Lakes Area per day.

(3) A person may only take tuna in the Te Arawa Lakes Area by te kapu, rama, matarau, aho hī ika or rapu.

(4) In relation to Bylaw 7(2) tuna possessed by passengers of the vehicle will be included as counting towards the amount of tuna in the vehicle.

Kākahi

(5) No person may take or possess kākahi from the Te Arawa Lakes Area that is shorter than 30mm and that is measured along the longest part of the shell.

(6) Subject to Bylaw 7(7), no person may take or possess from the Te Arawa Lakes Area any more than 50 kākahi per person per day for his or her whānau use.

(7) Subject to Bylaw 7(6), no person may take or possess from the Te Arawa Lakes Area any more that 500 kākahi for a significant event.

(8) A person may only take or possess kākahi from the Te Arawa Lakes Area by kohi, te kapu, or ruku.

Kōura

(9) No person may take or possess kōura from the Te Arawa Lakes Area that is shorter than 30mm of length and is measured from behind the eye socket to the back of the carapace.

(10) Subject to Bylaw 7(11), no person may take or possess from the Te Arawa Lakes Area any more than 50 kōura per person per day for his or her whānau use.

(11) Subject to Bylaw 7(10), no person may take or possess from the Te Arawa Lakes Area any more than 1000 kōura for a significant event.

(12) A person may only take koura in the Te Arawa Lakes Area by tau kōura, rama, paepae, ruku, rapu, or hīnaki.

(13) Any person who takes a female kōura carrying eggs or hatchlings from the Te Arawa Lakes Area, either intentionally or accidentally, must release the kōura immediately back into the relevant lake.

(14) Any person who takes a kōura that is moulting from the Te Arawa Lakes Area, either intentionally or accidentally, must release the koura immediately back into the relevant lake.

(15) No one person must be in possession of either a female kōura with eggs or hatchlings, or a kōura that is moulting that has been taken from the Te Arawa Lakes Area.

Morihana

(16) No person may take or possess a morihana from the Te Arawa Lakes Area that is shorter than 125mm from the tip of its nose to the base of its forked tail.

(17) No person may take or possess from the Te Arawa Lakes Area any more than 6 morihana per person per day for his or her whānau use, or any more than 50 morihana for a significant event.

(18) A person may only take morihana from the Te Arawa Lakes Area by rapu, panekoti or aho hī ika.

Īnanga

(19) A person may only take or possess no more than 10 litres of īnanga for any significant event.

(20) A person may only take or possess īnanga from the Te Arawa Lakes Area from the period that starts from 1 October and ends on 1 March of every year.

(21) A person may only take īnanga from the Te Arawa Lakes Area by a drag or scrim net that is up to a maximum length of 10 metres by 1.5 metres wide by 1 metre in height.

8. Prohibition on the use of SCUBA

No person may take ngā taonga ika from the Te Arawa Lakes Area using a self-contained underwater breathing apparatus.

9. Temporary prohibition on the taking of Ngā Taonga Ika within Te Arawa Lakes Area

(1) The Trust may prohibit the taking or possession of ngā taonga ika from within Te Arawa Lakes Area due to either:

1. an occurrence of a human fatality, or
2. an occurrence that the Trust has considered necessary with regard to Te Arawa tikanga.

(2) When prohibiting the taking or possession of ngā taonga ika under bylaw 9(1), the Trust must;

1. specify the relevant area to be closed within the Te Arawa Lakes Area,
2. specify the period of the closure, subject to bylaw 9(2)e,
3. specify any terms and conditions that the Trust considers appropriate,
4. publicly notify the details of the closure, and
5. not close any area for a period exceeding 14 days.

10. Breach of bylaws is an offence

Under Regulation 29 of the Te Arawa Lakes (Fisheries) Regulations 2006, a person commits an offence against those Regulations if the person breaches any of these Bylaws.

Dated at Wellington this 17th day of February 2020.

Hon STUART NASH, Minister of Fisheries.

Explanatory Note

The Te Arawa Lakes (Fisheries) Regulations 2006 empower the Te Arawa Lakes Trust to make bylaws, with the approval of the Minister, that may restrict or prohibit the taking of fish species from the Te Arawa Lakes for sustainable utilisation. These bylaws set out a series of restrictions relating to fishing on the Te Arawa Lakes to achieve this purpose.