Pursuant to section 11 of the Fisheries Act 1996, the Minister for Oceans and Fisheries, 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 2021.

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)
• kina (Evechinus chloroticus)

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.

Blackfoot pāua means Haliotis iris.

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 1 December 2021 at 12.01am.

4. Conway River to Marfells Beach Area Closed for the Taking of Shellfish (Excluding Scampi, Rock Lobster, Octopus, and Kina) 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 unless clause 5 applies.

5. Conway River to Marfells Beach Area Open for the Taking of Blackfoot Pāua for a Three-month Period

A person may take blackfoot pāua during the period from 1 December 2021 (beginning at 12.01am) to 28 February 2022 (ending at 11.59pm) from the Conway River to Marfells Beach Area.

Despite this, a person must not take blackfoot pāua during the period from 1 December 2021 (beginning at 12.01am) to 28 February 2022 (ending at 11.59pm) within the following four customary management areas, as declared by the Kaikoura (Te Tai o Marokura) Marine Management Act 2014:

• Mangamaunu Mātaitai Reserve
• Oaro Mātaitai Reserve
• Te Waha o te Marangai Mātaitai Reserve
• Te Taumanu o Te Waka a Māui Taiāpure

6. 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.

7. 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.

8. Revocation

The Fisheries (Conway River to Marfells Beach Shellfish and Seaweed Harvest Closure) Notice 2018 (Notice No. MPI 890) is revoked.

Explanatory Note

This note is not part of the notice but is for explanatory purposes only.

All amateur fishing for blackfoot pāua and kina will still be subject to the Fisheries (Amateur Fishing) Regulations 2013.

Dated at Wellington this 22nd day of October 2021.

Hon DAVID PARKER, Minister for Oceans and Fisheries.