Pursuant to section 22 of the Marine Mammals Protection Act 1978, the Minister of Conservation gives the following notice, and the Minister of Energy and Resources, and the Minister for Oceans and Fisheries consent to the declaration in clause 4.

Notice

1 Title

This notice is the Marine Mammals Protection (Te Pēwhairangi (Bay of Islands) Marine Mammal Sanctuary) Notice 2021.

2 Commencement

This notice comes into force on the 28th day after the date of its notification in the New Zealand Gazette.

3 Interpretation

(1) In this notice, unless the context otherwise requires,—

1. marine mammal safe zone has the meaning in clause 4(4) of this notice.
2. marine mammal sanctuary has the meaning in clause 4(2) of this notice.
3. internal waters has the meaning given by section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977.
4. vessel means every description of boat or craft used in navigation, whether or not it has any means of propulsion; and includes:
   1. a barge, lighter, or other like vessel;
   2. a hovercraft or other thing deriving full or partial support in the atmosphere from the reaction of air against the surface of the water over which it operates;
   3. a submarine or other submersible;
   4. a seaplane while it is on the surface of the water.

(2) All co-ordinates stated in this notice are expressed in accordance with the World Geodetic System (WGS 84).

4 Places Defined and Declared to be Marine Mammal Sanctuary and Marine Mammal Safe Zones

(1) The place described in Schedule 1 is defined for the purpose of subclause (2).

(2) The place defined by subclause (1) is a marine mammal sanctuary, to be called Te Pēwhairangi (Bay of Islands) Marine Mammal Sanctuary.

(3) All the places described in Schedule 1A are defined for the purpose of subclause (4).

(4) The places defined by subclause (3) are marine mammal safe zones, situated within the marine mammal sanctuary.

(5) Maps of the marine mammal sanctuary and marine mammal safe zones is set out in Schedule 2.

(6) The maps set out in Schedule 2 are indicative only. If there is a conflict between them (or the maps of the marine mammal sanctuary provided by the Department of Conservation) and the verbal description in each of Schedules 1 and 1A, the verbal description prevails.

5 Restrictions in the Marine Mammal Sanctuary and Marine Mammal Safe Zones

(1) Every person commits an offence who, without lawful authority or reasonable excuse, is in the water within 300m of any marine mammal in the marine mammal sanctuary, including marine mammal safe zones.

(2) Every person in charge of a vessel commits an offence who, without lawful authority or reasonable excuse, fails to ensure their vessel:

1. maintains a minimum 300m distance from any marine mammal in the marine mammal sanctuary, including marine mammal safe zones; or
2. stops if the person in charge becomes aware of any marine mammal less than 300m distance in the marine mammal sanctuary, including marine mammal safe zones; or
3. remains stopped until any marine mammal is more than 300m away in the marine mammal sanctuary, including marine mammal safe zones.

(3) Every person in charge of a vessel commits an offence who, without lawful authority or reasonable excuse, fails to ensure their vessel travels at five knots or slower while in a marine mammal safe zone.

(4) For the purposes of this notice, a person with “lawful authority or reasonable excuse” includes:

1. any person involved in a maritime emergency or undertaking a maritime emergency role;
2. any person in charge of a vessel that is restricted in its ability to manoeuvre and exhibiting the appropriate signals;
3. any person in charge of a vessel greater than 500 gross tonnes (GRT);
4. any person not able to comply due to an imminent or serious threat to person or property;
5. any person undertaking research permitted under the Marine Mammals Protection Act 1978;
6. any person undertaking a compliance role (including the Department of Conservation under the Marine Mammals Protection Act 1978, Maritime Police, Customs, Ministry for Primary Industries, Northland Regional Council);
7. any person in charge of, or crew on board of, a Harbourmaster vessel;
8. any person in charge of, or crew on board of, a Navy vessel;
9. any person in charge of, or crew on board of, a vessel; or any person in the water; actively participating in and registered in an organised event which has the prior approval of the Department of Conservation;
10. any person in the water undertaking a lawfully established aquaculture activity between mean low and high-water springs.

(5) Any person in charge of a vessel with an existing commercial operation permit for the purpose of viewing marine mammals under the Marine Mammals Protection Act 1978 is exempt from subclause (2).

Schedule 1—Te Pēwhairangi (Bay of Islands) Marine Mammal Sanctuary

cl. 4(1)

All the areas of the sea enclosed by a line—

(1) Commencing at a point on the mean high-water mark at Cape Wiwiki (approximately 174° 8.210' E, 35° 9.383' S) and running in a straight line in an easterly direction towards a point off Cape Brett Lighthouse (approximately 174° 19.681' E, 35° 10.166' S), then running in a southerly direction to the closest point at mean high-water springs to the south of Cape Brett (approximately 174° 19.675' E, 35° 10.483' S); then

(2) proceeding along the line of mean high-water springs around the shore of Te Pēwhairangi (Bay of Islands) to the point of commencement;

(3) including all the areas of the sea contained in the internal waters within the west to east extent of the straight line between a point at South Cape Brett (approximately 174° 19.675' E, 35° 10.483' S); and Cape Wiwiki (approximately 174° 8.210' E, 35° 9.383' S) (Bay of Islands Harbour limits)

other than:

1. Kororareka/Tahapuke Bays area bounded by mean high-water springs and commencing at a point approx. 174° 6.810′E, 35° 15.546′S (South of Kororareka Point) and running in a straight line in a south-easterly direction to approx. 174° 7.271′E, 35° 15.991′S (Tahapuke Bay southern point);
2. Matauwhi Bay area bounded by mean high-water springs and commencing at a point approximately 174° 7.434′E, 35° 16.189′S and running in a straight line in a south-easterly direction at approximately 174° 7.791′E, 35° 16.509′S);
3. Opua area bounded by mean high-water springs and four limits being:
   1. approximately 174° 6.953′E, 35° 18.205′S (Okiato Point) and running in a straight line in a generally southerly direction to approximately 174° 6.899′E, 35° 18.509′S;
   2. approximately 174° 6.859′E, 35° 19.335′S (southwest of Opua boatyard) and running in a straight line in an easterly direction to approximately 174° 7.378′E, 35° 19.330′S;
   3. approximately 174° 7.888′E, 35° 18.958′S and running in a straight line in a northerly direction to approximately 174° 7.836′E, 35° 18.842′S (southern side of Motutokape Island); and
   4. approximately 174° 7.844′E, 35° 18.830′S (northern side of Motutokape Island) and running in a straight line in a north-easterly direction to approximately 174° 8.143′E, 35° 18.461′S.
4. Paihia area bounded by mean high-water springs and three limits being:
   1. approximately 174° 5.615′E, 35° 16.917′S (Paihia helipad) and running in a straight line in a north-easterly direction to approximately 174° 5.857′E, 35° 16.675′S (Taylor Island);
   2. approximately 174° 5.845′E, 35° 16.643′S (Taylor Island) and running in a straight line in a north-westerly direction to approximately 174° 5.729′E, 35° 16.565′S (Motumaire Island); and
5. approximately 174° 5.603′E, 35° 16.575′S (Motumaire Island) and running in a straight line in a generally south-westerly direction to approximately 174° 5.378′E, 35° 16.709′S (Nihinui Point).Doves Bay and Opito Bay area, bounded by mean high-water springs and commencing at a point approximately 174° 1.985′E, 35° 11.783′S (Doves Bay) and running in a straight line in an easterly direction to approximately 174° 2.631′E, 35° 11.765′S (Tikorangi Island).

Schedule 1A—Te Pēwhairangi (Bay of Islands) Marine Mammal Safe Zones

cl. 3 and 4(1)

Within the marine mammal sanctuary are two marine mammal safe zones with the following outward facing boundaries in the sea area:

(1) the first marine mammal safe zone being between Motuarohia Island (Roberton Island) and Moturua Island, following mean high-water springs and bound by two limits:

1. commencing at approximately 174° 9.384' E, 35° 13.716'S (northern point of Motuarohia Island) running in a straight line in a generally easterly direction to approximately 174° 10.907'E, 35° 13.380'S (southern point of Mangahawea Bay on Moturua Island); and
2. commencing at approximately 174° 11.726'E, 35° 13.932'S (Pupuha Point, southern Moturua Island) running in a straight line in a generally westerly direction to approximately 174° 10.631'E, 35° 14.181'S (south-eastern point of Motuarohia Island);

(2) the second marine mammal safe zone being sea area between Tapeka Point and Whangaiwahine Point following mean high-water springs and bound from approximately 174° 7.200'E, 35° 14.479'S (Tapeka Point) running in a straight line in an easterly direction to approximately 174° 11.276'E, 35° 14.908'S (Whangaiwahine Point).

Schedule 2—Maps of Marine Mammal Sanctuary and Marine Mammal Safe Zones

cl.4(2) and (3)

 Dated at Wellington this 17th day of November 2021.