Pursuant to section 11 of the Fisheries Act 1996, the Minister for Oceans and Fisheries, after complying with the requirements of that section, gives the following notice.

Notice

1. Title

This notice is the Fisheries (Cockle Bay Shellfish Closure) Notice 2021.

2. Commencement

This notice comes into force on 1 May 2021.

3. Cockle Bay Closed in Respect of Shellfish

(1) A person must not take shellfish from the Cockle Bay Shellfish Closure area while this notice is in force.

(2) In this clause:

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.

Cockle Bay means that area of the New Zealand fisheries waters enclosed by a line that:

1. commences at a pipe at the base of the cliff between Howick Beach and Cockle Bay at 36°53.64′S and 174°56.93′E; then
2. proceeds in a northerly direction to the end of the pipe at 36°53.63′S and 174°56.94′E; then
3. proceeds to the easterly direction to the northern most channel marker of the Mangamangaroa/Turanga Creek entrance at 36°53.58′S and 174°57.49′E;
4. proceeds in a southerly direction to the channel marker at 36°53.69′S and 174°57.51′E; then
5. proceeds in a southerly direction to the channel marker at 36°53.79′S and 174°57.55′E; then
6. proceeds in a southerly direction to the channel marker at 36°53.92′S and 174°57.51′E; then
7. proceeds in a southerly direction to the channel marker at 36°53.99′S and 174°57.49′E; then
8. proceeds in a southerly direction to the channel marker at 36°54.07′S and 174°57.48′E; then
9. proceeds in a southerly direction to the pole structure at 36°54.53>′S and 174°57.31′E; then
10. proceeds in a south-westerly direction to the line of mean high water mark on the Shelly Park Beach foreshore at 36°54.53′S and 174°57.27′E; then
11. proceeds in a northerly direction along the line of mean high water springs to the point of commencement.

4. 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) of that Act.

5. Customary Fishing

This notice does not restrict the taking of shellfish taken in accordance with Regulations 50–52 of the Fisheries (Amateur Fishing) Regulations 2013.

6. Revocation

The Fisheries (Cockle Bay Shellfish Seasonal Closure) Notice 2008 (F463) (New Zealand Gazette, 2 October 2008, No. 152, page 4026), is revoked.

Dated at Auckland this 19th day of March 2021.

Hon DAVID PARKER, Minister for Oceans and Fisheries.