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 2023.

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)
• 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.

Pāua means blackfoot pāua (Haliotis iris) and yellowfoot pāua (Haliotis australis).

Bull kelp means brown seaweed Durvillaea spp. at any stage of its 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.

Oaro-Haumuri Taiāpure means the customary fisheries management area as declared by the Kaikoura (Te Tai o Marokura) Marine Management Act 2014.

Waiopuka (Wakatu Quay) Reef Area means waters within the following lines:

1. from the starting point at the North Wharf at 42°24.79′S and 173°42.19′E; then
2. proceeding in a straight line in a north-easterly direction to a point at Nine Pin Rock at 42°24.54′S and 173°42.32′E; then
3. proceeding in a straight line in a south-easterly direction to a point at St Kilda Rocks at 42°24.80′S and 173°42.80′E; then
4. proceeding in a straight line in a south-westerly direction to a point at 42°25.01′S and 173°42.57′E; then
5. proceeding in a straight line in a westerly direction to a point on the coast at 42°25.02′S and 173°42.50′E; then
6. proceeding in a north-westerly direction along the mean high-water springs mark of the coast of the South Island to the point of commencement.

3. Commencement

This Notice comes into force on 15 April 2023 at 12.01am.

4. Conway River to Marfells Beach Area is open for the taking of shellfish (including scampi, rock lobster, octopus, and kina) or seaweed

A person may take shellfish (including scampi, rock lobster, octopus, and kina) or seaweed from the Conway River to Marfells Beach Area while this Notice is in force, unless one or more of clauses 5, 6, 7, or 8 apply.

5. Conway River to Marfells Beach Area is open for the taking of pāua

1. A commercial fisher may take pāua from the Conway River to Marfells Beach Area from 15 April 2023.
2. A person (excluding a commercial fisher) is permitted to take pāua from the Conway River to Marfells Beach Area during the period from 15 April 2023 (beginning at 12.01am) to 15 June 2023 (ending at 11.59pm).
3. For the following four customary fisheries management areas – see clause 7(b)
1. Mangamaunu Mātaitai Reserve
2. Oaro Mātaitai Reserve
3. Te Waha o te Marangai Mātaitai Reserve
4. Te Taumanu o Te Waka a Māui Taiāpure.
4. For the Waiopuka (Wakatu Quay) Reef Area – see clause 8.

6. Conway River to Marfells Beach Area is closed for the taking of bull kelp

A person must not take bull kelp from the Conway River to Marfells Beach Area.

7. Commercial and recreational fishing restrictions will apply to customary fishery management areas

1. A person must not take shellfish or seaweed (excluding scampi, rock lobster, octopus, kina, and pāua) from the Oaro-Haumuri Taiāpure.
2. A person must not take shellfish or seaweed (excluding scampi, rock lobster, octopus, and kina) from the following four customary fisheries management areas:
1. Mangamaunu Mātaitai Reserve
2. Oaro Mātaitai Reserve
3. Te Waha o te Marangai Mātaitai Reserve
4. Te Taumanu o Te Waka a Māui Taiāpure.

8. Waiopuka (Wakatu Quay) Reef Area is closed to all fishing

A person must not take any fish, shellfish, or seaweed in the Waiopuka (Wakatu Quay) Reef Area.

9. 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).

10. 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.

11. Revocation

This Notice revokes and replaces the Fisheries (Conway River to Marfells Beach Shellfish and Seaweed Harvest Closure) Notice 2022 Notice 2022 (Notice No. MPI 1581) (New Zealand Gazette, 19 December 2022, Notice No. 2022-sl5573).

This Notice revokes and replaces the Fisheries (Waiopuka Temporary Closure) Notice 2022, Notice No. MPI 1552 (New Zealand Gazette, 9 December 2022, Notice No. 2022-sl5420).

Dated at Wellington this 4th day of April 2023.

Hon DAVID PARKER, Acting Minister for Oceans and Fisheries.