1608
THE NEW ZEALAND GAZETTE.
[No. 46

WHITEBAIT.

141. (1) No person shall use any scrim or whitebait net as a set net, or place any scrim or whitebait net in openings made in the banks of streams or rivers, or in dams constructed therein; and no person shall use any scrim hand net having an opening of more than 9 square feet for the purposes of catching whitebait: Provided that 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 its tributaries the Taranaki and Waikuku Creeks.

(2) 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 two chains from another set net in the River Ashley and the waters thereof, and in its tributaries the Taranaki and Waikuku creeks.

142. No person shall use, for the purpose of enabling him to take whitebait, hurdles (either alone or in conjunction with boats moored or held in position in a river or stream), jiggers, or any other device or contrivance which tends to prevent or divert the movements of such fish up or down stream. A jigger 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.

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

Counties of Ashburton, Geraldine, Levels, and Waimate.

144. (1) Set nets and hand nets having a opening of not more than 9 square feet may be used for taking whitebait in the rivers, estuaries, and streams in the counties of Ashburton, Geraldine, Levels, and Waimate.

(2) Banks constructed of river shingle may be used to get the necessary depth of water and current required in the use of set nets. The height of such bank shall not be more than 16 in. above the bottom of the river at the point where such bank is constructed. Such banks may be constructed as required from high-water to low-water mark; provided that it shall be illegal to construct any groyne of any other material than is provided for in this regulation.

(3) No person shall use more than one set net or use a hand net and set net at the same time, or place a set net within a distance of one chain from another set net, or use or place a hand net within 4 ft. of another hand net.

Avon River.

145. It shall be lawful to use a lead or wing in conjunction with each set net used for taking whitebait in the Avon River, in the Provincial District of Canterbury. Any such lead shall commence at low-water mark of ordinary spring tides, and shall extend for a distance of not more than 10 ft. therefrom into the waters of the said river, at an angle of not more than 45° with the stream.

Hawke’s Bay.

146. (1) Whitebait set nets having an opening of not more than 8 square feet may be used in the rivers and streams in the Provincial District of Hawke’s Bay. Such nets may be stiffened with wire hoops fixed on poles placed in the rivers and streams.

(2) Deflectors or wings for the purpose of turning whitebait into set nets, and having a length of not more than 12 ft., may be used in the rivers in the Provincial District of Hawke’s Bay. Such deflectors or wings shall be made of scrim or other similar material, and shall be attached above water to stakes, and hung loose at the bottom. They shall be placed and set from the bank of the river, and at right angles to the current.

Manawatu River.

147. (1) Set nets having an opening of not more than 9 square feet may be used for the taking of whitebait in the Manawatu River and its tributaries, and the drains flowing thereinto: Provided that not less than 1 ft. clear space of water shall be between the end of the net and the bank of the river, tributary, or drain opposite from where any person is using such net; and provided also that no nets of any description shall be used for taking whitebait in any of the tributaries or drains flowing from the lakes known as Tewhakapu, Koputara, and Kaikokopu into the Manawatu River.

(2) No person shall use more than one set net, or use a set net and hand net at the same time, or place a set net or use any fishing-net within a distance of 2 chains from another net on the said river and its tributaries and drains flowing thereinto.

(3) Any person using a set net shall be in attendance on such net, which shall be removed from the water as soon as such person has finished fishing.

(4) When any person has ceased fishing and removed his net from a certain place in the said river or its tributaries or the drains flowing thereinto, then any other person may use a net in such place which has been vacated.

Motueka and Moutere Rivers.

148. Whitebait set nets having an opening of not more than 8 square feet may be used in the rivers and streams in the Motueka and Moutere rivers, in the Provincial District of Nelson. Such nets may be stiffened with wire hoops fixed on poles placed in the rivers and streams.

Otago.

149. Scrim hand nets having an opening of 7 square feet may be used for the purpose of catching whitebait within the Provincial District of Otago.

Westland.

150. (1) Whitebait nets fixed in what are known as trenches or groynes may be used as set nets for taking whitebait in the rivers and streams in the County of Westland; but no person shall construct or use more than one groyne or trench, which shall be marked by a post erected by him above high-water mark in line with the groyne or trench and bearing in distinct letters the name of the person who is using the groyne or trench. The position of each groyne or trench shall, before construction, be approved by the Superintendent or by an Inspector of Fisheries, and no groyne or trench shall be moved to another position without the approval of the Superintendent or an Inspector.

(2) Each person shall, during the whitebait season, use his groyne or trench at least four days a week, unless prevented by illness, floods, or other reason which the Superintendent or Inspector considers sufficient, failing which his right to the use of the said groyne or trench shall be forfeited.

Counties of Clifton, Taranaki, and Egmont.

151. Set nets having an opening of not more than 3 ft. by 1 ft. 6 in. may be used for taking whitebait in the rivers and streams in the counties of Clifton, Taranaki, and Egmont; but no person shall use any groyne, race, or lead in connection with such nets. No person shall use more than one set net, and no person shall set a line of set nets across any river or stream in the said counties, or set or place his set net or use any other fishing-net within a distance of 2 chains from another set net.

152. Any license issued under the said Act or these regulations may be cancelled by the Minister upon conviction of any person for any breach of the said Act or regulations.

153. Any person committing a breach of any of the foregoing regulations for which a penalty has not otherwise been prescribed shall be liable to a penalty not exceeding £50.

FIRST SCHEDULE.

PORTS AND PLACES OF REGISTRY.