1600
THE NEW ZEALAND GAZETTE.
[No. 46

35. An allowance shall also be made from such gross tonnage in respect of any space or spaces in such boats appropriated solely to the use of the master or the crew thereof. The tonnage of such space or spaces shall be ascertained in accordance with the rules for measuring crew-spaces made under the Shipping and Seamen Act, 1908.

36. Every space deduction for which it is claimed under the last preceding regulation shall be inspected by a Surveyor of Ships, and shall be constructed, lighted, and ventilated to his satisfaction, and be certified by such Surveyor accordingly, and also similarly as being sufficient in extent for the purpose of accommodating the said master or crew, taking into consideration the class of boat and the limits within which she is employed. No deduction from tonnage shall be allowed in respect of any such crew-space unless so approved and certified.

37. Every space for which deduction of tonnage is made shall be used solely for the specific purpose respectively hereinbefore mentioned, and shall at all times be kept free from goods, fish, or stores (except the personal property of the master or crew), and shall be marked over the doorway or entrance thereto in a permanent manner and to the satisfaction of the Surveyor of Ships denoting the purpose for which the space is used and the number of men each space is certified to accommodate.

38. If any such crew-space is not so kept clear of goods, fish, or stores, then the provisions of clause 4 of section 122 of the Shipping and Seamen Act, 1908, shall apply to such case.

39. For the purpose of determining the register tonnage of fishing-boats referred to in Regulation 33 hereof, the allowances aforesaid shall be deducted from the gross tonnage ascertained as aforesaid, and the balance then remaining shall be the register tonnage of such boats.

40. The owner of every boat measured under these regulations shall before the issue of certificate of registry pay a measurement fee of £1 to the Superintendent.

41. The owner of any such boat may appeal to the Minister of Marine as to the disallowance hereunder of any crew-space, and the Minister’s decision as to allowance of such space or otherwise shall be final and conclusive. Any cost which may be incurred by the Minister in connection with such appeal shall be borne by the owner of the boat, and the Minister may require a deposit for such expense before dealing with the appeal.

42. No alteration in any space as aforesaid shall be made without the consent first obtained of a Superintendent, and if made without such consent the certificate of registry shall thereupon be deemed to be cancelled and void for any purpose whereby tonnage of fishing-boats is considered or used.

43. The register tonnage as determined under these regulations shall be cut in on the main beam or such other portion of the boat as the Superintendent may determine.

44. Every person commits an offence who—
    (a) Takes any fish for sale from any vessel or boat other than a duly licensed fishing-boat ; or
    (b) Sells or offers or exposes for sale any fish which he knew or had reasonable cause to believe to have been taken (whether for sale or not) from any vessel or boat other than a duly licensed fishing-boat ; or
    (c) Has on board any licensed fishing-boat explosives of any description whatever without the written consent of a Superintendent ; or
    (d) Has on board any firearms, unless authorized to do so in writing by the Superintendent, who may, if satisfied that firearms are required for a legitimate purpose, grant such permission ; or
    (e) Has a dog on board any licensed fishing-boat when out of the port to which the boat belongs.

45. The owner of any licensed fishing-boat shall be responsible for the good conduct of the crew of the boat, and shall not employ or allow to be employed or to go on board of his boat any person known to the police to be a thief or a person of dissolute habits or bad character.

46. The owner of every licensed fishing-boat shall, within fourteen days after the end of every month, forward to the Secretary, Marine Department, Wellington, a return, in the form prescribed in the Fifth Schedule hereto, of all fish caught by such boat during the immediately preceding calendar month.

CRABS, CRAYFISH, AND LOBSTERS.

47. (1) Crayfish shall be subject to the provisions of sections 21 and 22 of the Fisheries Act, 1908, relating to the granting of exclusive licenses to take oysters.
    (2) Crabs and lobsters shall be subject to the provisions of sections 23 to 25 of the Fisheries Act, 1908, relating to the forming and occupying of artificial oyster-beds.

DANISH SEINING.

48. A “Danish seine net” is a net having a wing on each side of the cod-end or bag, with a warp attached to each wing, and which is operated by being drawn over the sea bottom or through the sea, the power for hauling in the net to the vessel being provided by a winch driven by an internal-combustion or steam engine. Such hauling operations shall be carried out only while the vessel is moored or anchored and not under way.

49. No person shall use a Danish seine net the mesh of which in the last three yards of the cod-end measures, when prepared for use, less than four and a half inches.

50. No person shall use or convey a Danish seine net or a purse-seine net of any description whatever on any vessel while such vessel is engaged in trawling.

51. No person shall use an otter-board with or attach the same to any Danish seine net, nor shall any person convey an otter-board on any vessel while such vessel is engaged in Danish seining.

Auckland Harbour and Hauraki Gulf.

52. No person shall use a Danish seine net for taking fish within the waters respectively specified within the following boundaries:—
    (a) Commencing at high-water mark at Gull Point; thence by a straight line drawn to Rangitoto Beacon, and then east (true) to a point at high-water mark on the shore of Rangitoto Island; thence by the western and southern shores of Rangitoto Island and the south-western and south-eastern shores of Motutapu Island to a point at high-water mark to the eastward of the shed at Emu Bay; thence by a straight line drawn from the said point to a point at high-water mark of Waiheke Island in line with the house in Cable Bay; thence generally along the southern shores of Waiheke Island to the eastern head of Matuku Bay (otherwise known as McLeod’s Bay); thence by a straight line to Thames Point on Ponui Island; thence by high-water mark to a point north (true) of Ponui Passage Lighthouse, and thence by a straight line to the said lighthouse; thence by a straight line to Deadman Point on the Coromandel Peninsula; thence generally by high-water mark of the mainland to the commencing-point.

Coromandel.

(b) Inside straight lines drawn across Little Passage from Puri Point to Epuni Point, from the western extreme of Waihau Island (also known as Cook and the Moari) to the eastern extreme of Tuhua Islet (otherwise known as Cow Island); thence to the northern extreme of Rangipukea Island, and from the southern extreme of Rangipukea Island to Deadman Point; as the said area is shown and delineated, coloured blue, on plan marked M.D. 6423, and deposited in the office of the Marine Department at Wellington.

53. No person shall use a Danish seine net on a vessel having an over-all length greater than 50 ft. in that portion of the Hauraki Gulf which is bounded as follows: On the north by a straight line drawn from the north head of Colville Bay to Tiri Tiri Lighthouse; on the west by a straight line drawn from the said point to Flat Rock; and thence by a straight line drawn north (true) to its intersection with a straight line from Cape Colville to Rodney Point, and again on the north by a straight line drawn from the said point of intersection to Rodney Point.

54. During the period from the 16th day of November in any year until the 31st day of January following, both days inclusive, no person shall use a net of any description whatsoever for taking fish within that area of waters bounded as follows: Commencing at high-water mark of ordinary spring tides at Takati Point, proceeding thence by a straight line drawn to Kauri Point on Waiheke Island; thence by high-water mark along the northern and western shores of the said island to a point due west of the house at Cable Bay; thence by a straight line to a point at high-water mark of Motutapu Island in line with the shed at Emu Bay; thence by high-water mark along the northern portions of Motutapu and Rangitoto Islands to a point east (true) of Rangitoto Beacon; thence by a straight line to Rangitoto Beacon; thence by a straight line to Gull Point on the mainland; thence by high-water mark to the south head of the entrance to Mahurangi Harbour; thence by a straight line to the north head of the entrance to the said harbour; thence by high-water mark to the commencing-point; excluding from the said area the waters inside a straight line drawn from the outer point of Fishermen’s Bay (Accord Point) to Momona or Mansion House Point, Bon Accord Harbour, Kawau Island: Provided that this regulation shall not apply to set nets used for taking flounders, soles, or mullet, or to drag nets used for “herring” or piper only, within the said area.