18
THE NEW ZEALAND GAZETTE.
[No. 1.

reserved along the River Waitaki; and towards the north-west by the road forming the south-east boundary of Lot No. 110, subdivision of Reserve No. 642: save and excepting thereout Reserve No. 2914, containing 5 acres, which is included within the above-described boundaries: as the same is delineated on the map deposited in the District Survey Office, Christchurch.

ALEX. WILLIS,
Clerk of the Executive Council.

Declaring that Lobsters and Crabs shall be subject to Provisions of “The Sea-fisheries Act, 1894,” relating to Artificial Oyster-beds.

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-first day of December, 1896.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS it is provided by section three of “The Sea-fisheries Act Amendment Act, 1896,” that the Governor may from time to time, by Order in Council gazetted, declare any particular species or description of edible shell-fish (other than oysters) to be subject to such of the provisions of the principal Act (“The Sea-fisheries Act, 1894”) relating to oysters or oyster-beds as he thinks fit to specify in that behalf:

And whereas it is desirable to declare that the edible shell-fish known as lobsters and crabs shall be subject to the provisions of the principal Act hereinafter specified:

Now, therefore, I, David, Earl of Glasgow, the Governor of the Colony of New Zealand, in pursuance of the herein-before-recited power and authority, and acting by and with the advice and consent of the Executive Council of the said colony, do hereby declare that lobsters and crabs shall, as from the date of the gazetting of this Order in Council, be subject to the provisions of sections twenty-three to twenty-five, both inclusive, of “The Sea-fisheries Act, 1894,” which said provisions relate to artificial oyster-beds.

ALEX. WILLIS,
Clerk of the Executive Council.

Regulations under “The Sea-fisheries Act, 1894.”

GLASGOW, Governor.

ORDER IN COUNCIL.

At the Government House, at Wellington, this twenty-first day of December, 1896.

Present:

HIS EXCELLENCY THE GOVERNOR IN COUNCIL.

WHEREAS by “The Sea-fisheries Act, 1894” (hereinafter termed “the said Act”), it is among other things enacted that the Governor in Council may from time to time make regulations for the purposes therein mentioned, which shall have general force and effect throughout the colony, or particular force and effect only in any waters or places specified therein:

And whereas it is expedient to make the regulations hereinafter set forth with respect to oysters, fish, and seals inhabiting the waters of the colony herein mentioned:

Now, therefore, His Excellency the Governor of the Colony of New Zealand, in pursuance and exercise of the powers conferred upon him by the said Act, and by and with the advice and consent of the Executive Council of the said colony, doth hereby make the following regulations, and, with the like advice and consent, doth order that these regulations shall take effect on and after the first day of February, one thousand eight hundred and ninety-seven, and doth hereby further order that from and after the date last aforesaid the several regulations set forth in the First Schedule hereto, and all regulations made under the said Act or the Acts thereby repealed, and inconsistent with the regulations hereby made, shall be and the same are hereby revoked.

REGULATIONS.

General (Section I.).

1. In these regulations, if not inconsistent with the context, “the said Act” means “The Sea-fisheries Act, 1894.” “Fish,” “tidal waters,” and “tidal lands,” and generally all words and expressions herein used which are defined in or by the said Act, shall have the like meaning and interpretation for the purposes of these regulations as they have in or by the said Act.

2. These regulations shall have force and effect in the Colony of New Zealand, and in all salt, fresh, or brackish waters in the said colony, and on all shores of such waters,

and any part thereof, or that may be contiguous or adjacent to such waters. But nothing herein shall interfere with the application of any of these regulations to particular parts of the said colony.

3. The months of December, January, February, and March in each year are hereby prescribed as a close season for oysters in the North Island and islands adjacent thereto. During such close season it shall be unlawful for any person to take oysters.

4. The months of October, November, December, and January in each year are hereby prescribed as a close season for oysters in the South Island and Stewart Island, and islands adjacent thereto. During such close season it shall be unlawful for any person to take oysters.

5. No person shall take or burn live oysters for the purpose of converting the shells into lime.

6. No spade or other apparatus for taking rock-oysters shall be used of which the edge or blade shall exceed 2in. in width.

7. Every person engaged in taking oysters in the North Island and islands adjacent thereto shall first obtain a license from a Collector of Customs, which license shall be in the form set out in the Second Schedule hereto, and shall expire on the 30th day of November in each year. The fee to be paid for such license shall be 10s.

8. No person shall take or dredge for oysters between sunset and sunrise (except an owner on his own private oyster-bed).

9. The months of February, March, April, May, and June, 1897, are hereby prescribed a close season for seals.

10. No person shall take, buy, sell, expose for sale, or have in possession any fish of any of the species enumerated in this regulation of a less weight or size than that set opposite the name of such fish:—

*Measured from the tip of the nose to the end of the tail.

11. The mesh of every net or seine used for the purpose of taking fish in tidal waters shall measure, diagonally, when prepared for use, wetted and stretched, not less than 2in., unless such net be a bonâ fide garfish-net or herring-net, and used for taking garfish or herrings only.

12. The mesh of every garfish-net shall measure, diagonally, when prepared for use, wetted and stretched, not less than 1in.

13. The mesh of every herring-net shall measure, diagonally, when prepared for use, wetted and stretched, not less than 1½in.

14. The foregoing regulations in regard to the size of the mesh of nets shall not apply to Lake Ellesmere, in the Provincial District of Canterbury, but the mesh of every net used for taking fish in such lake shall measure, diagonally, when prepared for use, wetted and stretched, not less than 4in.: Provided that it shall be lawful to use in the said lake herring-nets the mesh of which shall measure, diagonally, when prepared for use, wetted and stretched, not less than 1½in.

15. The size of mesh, in every case, shall be ascertained by measuring the length on the diagonal, or between knot and knot of opposite corners, the net being first wetted, and being tanned, barked, or otherwise prepared for use. In case of dispute or doubt, a ½lb. weight shall be slung or attached to one knot of a mesh, in order to produce a fair strain or extension, and the space between the knots shall be measured forthwith while the mesh remains extended. If the net to be measured is dry, the part to be measured