May 31.] THE NEW ZEALAND GAZETTE. 1383

partly round the nets of the person first setting or placing his nets, so as to prevent fish getting through to such last-mentioned nets.

25. In order to effectuate a forfeiture under the provisions of the said Act, it shall be lawful for any officer appointed thereunder to seize and take possession of all fish unlawfully taken, and also all baskets, nets, receptacles, gear, tackle, or other apparatus which are being used, or which in the opinion of such officer are intended to be used, in contravention of the provisions of the said Act or any regulations made thereunder; and the production by such officer of his appointment shall be a sufficient warrant for his so acting in any of the cases aforesaid.

26. No scrim or whitebait-net shall be used as set-net, or be set or placed in openings made in the banks of rivers or streams, or in dams constructed therein; and no scrim hand-net having an opening of more than 5 square feet shall be used for the purpose of catching whitebait: Provided that scrim hand-nets having an opening of 9 square feet may be used for the purpose of catching whitebait within the Provincial District of Canterbury, or in any waters of the Waitaki River: Provided further that nothing in this regulation shall render it unlawful to take whitebait by means of set-nets having an opening of not more than 7 square feet, in the County of Westland, during the period from the 15th day of September to the 24th day of October in each year.

27. No person shall use, for the purpose of enabling him to catch whitebait, the device or appliance known as a “jigger,” which is an appliance formed of pieces of metal or other substance attached to a line and placed in a river or stream for the purpose of turning the fish into nets; nor shall any other device or contrivance be used which tends to wholly prevent the movement of such fish up or down stream.

28. No person shall take, sell, or expose for sale, or have in possession, (a) during the months of June, July, August, and September in each year any dab (Rhombosolea monopus, Günther) of a less size than 8 in. in length from the tip of the nose to the end of the tail, (b) and during the months of October, November, December, January, February, March, April, and May any dab of a less size than 9 in., measured as hereinbefore described. This regulation shall have force and effect within the Provincial District of Auckland, and the waters thereof.

29. No person shall take whitebait by the use of nets in paddocks which are formed by constructing groins from the banks of rivers and streams, and making holes for the fish between the groins and the banks.

30. Any person committing a breach of the foregoing regulations shall be liable to a penalty of not less than £1 and not exceeding £20, except where otherwise specially provided.

Licenses for Exclusive Right of taking Sponges.

31. Licenses shall be granted by the Governor, who shall have power to fix the rental to be charged, and to make any special conditions in any license that he may deem advisable.

32. The area to be included in a license shall be such as may be decided upon by the Minister of Marine.

33. The licenses will be issued for such periods as may be decided upon by the Minister of Marine, provided that no license shall be issued for a longer period than fourteen years.

34. In the case where a survey of the area comprised in a license is necessary, the sum of £1 shall be paid by the licensee on the issue of a license as a fee for the survey.

35. A licensee shall not assign, charge, or part with any right, power, or privilege conferred by or under his license without the written consent of the Minister of Marine being first obtained.

36. A license for one area may be granted to any number of persons or to a joint-stock company.

37. The working of the sponge-beds shall be under the control of an Inspector of Fisheries, who shall have power to regulate the quantity of sponges that may be taken from the beds of any holding, so as to prevent the beds being depleted or injuriously affected.

38. Should a licensee commit a breach of the Sea-fisheries Act or its amendments, or of these regulations, his license may be revoked or determined without any notice to him.

Special (Section II).

39. No oyster shall be taken in the South Island, Stewart Island, and the waters thereof respectively, and the islands, waters, tidal lands, and tidal waters adjacent thereto, which can be passed through a metal ring having a clear inside diameter of 1¾ in.

40. The South Island and Stewart Island, and the islands adjacent thereto, are hereby excluded from the operation of the 15th, 16th, 17th, 33rd, and 34th sections of the said Act.

41. The months of December, January, and February in each year are hereby prescribed a close season for the fish of the species of the Mugil known as mullet or kanae. During such close season it shall be unlawful for any person to take, catch, or have in possession any mullet. And this regulation shall have effect in all salt, fresh, or brackish waters in that part of Kaipara Harbour inside a straight line drawn from the trigonometrical station on Oewa Mound to the trigonometrical station on Komiti Bluff.

42. The use of nets of any sort for taking fish in the portion of the Wanganui River above a point three miles up the river from the Aramoho Railway-bridge is hereby prohibited. Such point shall be marked by a white post on each bank of the river, each post having the words “Netting limit” painted thereon.

43. Whitebait-nets having an opening of not more than 3 ft. by 1 ft. may be used as set-nets in the River Ashley and the waters thereof, and in its tributaries, the Taranaki and Waikuku Creeks.

44. No person shall use more than one set-net, and no person shall set or place his set-net or use any other fishing-net within a distance of 2 chains from another set-net in the before-mentioned river and its tributaries referred to.

45. Any person committing a breach of either of these regulations contained in Section II shall be liable to a penalty of not less than £1 and not exceeding £20.

46. During the period of five years from the date of the gazetting of these regulations it shall not be lawful for any person to take the fish or mammal of the species commonly known as Risso’s dolphin (Grampus griseus) in the waters of Cook Strait, or of the bays, sounds, and estuaries adjacent thereto.

Any person committing a breach of this regulation shall be liable to a penalty of not less than £5 nor more than £100.

Sea-fishing Boats.

47. In these regulations the term “boat” or “boats” means and includes all boats or vessels used or intended to be used for taking fish or oysters for sale.

48. The ports or places set forth in the first column of the Third Schedule hereto shall be ports or places of registry for boats, and the letter or letters set forth in the second column of that Schedule shall be the distinguishing letter or letters for those ports or places respectively.

49. A register of boats in the form set forth in the Fourth Schedule hereto, or in such other form as may be prescribed from time to time by the Governor in Council, with a consecutive series of numbers, shall be kept by the Collector at the port of the place to which such boats belong, or at the port nearest to such place.

50. The owner of any boat shall make application to the Collector to have such boat entered on the register, and shall obtain for every boat belonging to him a certificate of registry in accordance with these regulations.

51. The application shall be made in the form set forth in the Fifth Schedule hereto, and with the particulars therein indicated, to the Collector of the port or place of registry to which the boat belongs, or from which she hails, or is for the time being employed or nearest thereto.

52. The Collector, on the receipt of the application, and having no reason to doubt the correctness of the particulars contained therein, shall register the boat, shall appoint a number for it, and shall issue the certificate of registry to the applicant. The certificate shall be in the form set forth in the Sixth Schedule hereto, and the letter or letters to be inserted in the certificate shall be the distinguishing letter or letters of the port or place of registry.

53. At least once in every year the owner of any boat shall submit the certificate of registry of his boat for examination to a Collector, and shall report any alteration respecting the boat or her employment.

54. The Collector to whom the certificate is submitted shall indorse thereon his name and the date of examination. If he is not the Collector of the port of registry, he shall report the examination to the Collector of the port of registry, and, in the case of any change being reported respecting the boat, he shall forward the certificate of registry to the Collector at the port of registry for correction, and the Collector shall forthwith make such alterations as may be necessary in the register and certificate of registry.

55. The Collector shall forward annually to the Marine Department a list of all boats on the register of his port on the 31st December.

56. After registration no change shall be made in the name of any boat unless the Marine Department is satisfied that the application for such change of name is made on reasonable and sufficient grounds, and direct that the name may be changed. In the event of such direction being given, the name of the boat may be changed, and the register and certificate altered accordingly. In all cases of change of name the former name shall appear on the register and on the certificate: Provided that if any boat is registered under Part IV of the Imperial Act known as “The Merchant Shipping Act, 1894,” or any Act in force in the colony in place thereof, her name shall not be altered except in accordance with the provisions of that Act.