Oct. 6.]

THE NEW ZEALAND GAZETTE.

2087

$(b)$ After the $31$ st August in each year positions shall be
allocated in order of application to the local Inspect-
tor of Fisheries.

$(c)$ The position of each groyne or trench shall, before
construction, be approved and registered by the
local Inspector of Fisheries, and shall not be altered
or constructed in another position without such
approval.

$(d)$ A registration fee of $2 s$. 6d. shall be paid to the local
Inspector of Fisheries by any person who is allotted
a second position in the same season on abandon-
ment of the position previously registered.

(e) Each person having a registered position shall use
his groyne or trench for whitebait-fishing on at least
four days each week during the whitebait season
unless prevented by illness, floods, or other reason
which the Inspector of Fisheries considers sufficient;
failing which his right to the position shall be forfeited, and in such event may be allocated to the
next applicant.

(f) A trench may be registered by a married couple as a
single registrant, and may in such case be fished
by either or both.

12. $(a)$ No person who has registered a groyne or trench
    shall fish at any other groyne or trench without having first
    notified the local Inspector of Fisheries of his abandonment
    of his registered position, and without having been duly
    registered as the holder of the new position: Provided that
    where two persons have registered as fishing in partnership
    and are the holders of adjoining trenches, with no other
    person's trench intervening, it shall be lawful for one of
    them to fish at the other's trench, provided that nets have
    been withdrawn from his own trench, and provided that both
    partners are present.

(b) No person holding a registered trench shall fish with
a set-net or hand-net between any two trenches or within
two chains of the trench situated farthest upstream and
farthest downstream respectively.

13. In the tidal portions of the rivers and streams of Westland, including the Teremakau River, the groynes or trenches
    shall be constructed at right angles to the direction of the
    stream, and in case of doubt or dispute the location shall
    be as directed by the local Inspector of Fisheries. Such
    groynes or trenches shall be built up from the natural bed
    of the river, except in places where the depth of water
    necessitates the provision of some foundation for the groyne
    or trench proper, in which case such foundation may be
    made, provided that the approval of the local Inspector of
    Fisheries is first obtained.

14. A groyne or trench for whitebait-fishing shall not be
    held by any pupil attending a day school.

15. Nothing in these regulations shall entitle a person to
    construct a groyne or trench in the Hokitika River or in
    other waters under the control of the Hokitika Harbour
    Board, or any other Harbour Board, which is deemed by
    the said Board to be detrimental to navigation or the proper
    maintenance of berths for vessels in the harbour.

16. A wing or deflector may be used for the purpose of
    turning whitebait into a set-net, in the tidal waters only,
    in the rivers of the Provincial District of Hawke's Bay and
    in Mahinapua Creek in the County of Westland. Such wing
    or deflector shall be made of scrim or other similar material,
    and shall be attached to stakes so as to show above water,
    and shall be placed and set from a bank of the river and at
    right angles to the current. Such wing or deflector shall
    not exceed $12 \mathrm{ft}$. in length in the Provincial District of Hawke's
    Bay and shall not extend below low-water mark of ordinary
    spring tides in the Mahinapua Creek. In the Provincial
    District of Hawke's Bay the scrim or other similar material
    shall be attached so as to hang loose at the bottom.

USE OF BOATS FOR TAKING WHITEBAIT.

17. No person shall use a boat, either stationary or in
    motion, for fishing for whitebait in a river or stream in which
    groynes, trenches, or similar contrivances for whitebait-
    fishing are in use.

DISTANCES BETWEEN NETS.

18. No person shall use a set-net or a hand-net within
    two chains measured along the direction of the stream from
    a set-net already in use by another person.

19. No person shall use a hand-net within a distance of
    ten yards from the net of another person already engaged
    in fishing with a hand-net except on the Grey River, where
    no person shall use a hand-net within twelve yards of another
    person already fishing for whitebait.

USE OF SPECIAL FISHING-SITES ON RIVER-BANKS.

20. The following rules shall be observed in whitebait-
    fishing on the Grey River or any other river where the
    practice is for a fisherman to remain at one place while
    fishing:-

The first fisherman to take up a position on any day
shall have the right to keep that position for the remainder
of the day so long as he stays there. He shall mark the
spot by fixing his peg or other mark provided or prescribed
for the purpose by the local Inspector of Fisheries. If he
leaves the river-bank temporarily he shall not be considered
to have vacated the position, provided that his net is left
on the spot, and provided also that he does not absent himself for the duration of more than one hour. On the position
becoming vacant the first fisherman to arrive shall have the
right to occupy it.

21. It is an offence against these regulations for any person
    to act in contravention of the foregoing rules or to prevent
    any one fishing for whitebait from following these rules.

USE OF CERTAIN TYPES OF NETS PROHIBITED.

22. Fishing for whitebait by what is known as a box-net
    or by any form of net that is used by being towed or drawn
    by a rope or line along the bottom or through the water
    of a river, stream, estuary, or lagoon is hereby prohibited.

23. No net shall be used for whitebait-fishing which is
    made with an inner opening smaller than the front of the
    net-mouth or is provided with inside flaps or other device
    by means of which fish may be trapped and retained in the
    net for an indefinite time.

WATERS IN WHICH WHITEBAIT-FISHING IS PROHIBITED.

24. No person shall take or fish for whitebait with any
    kind of net or trap whatsoever in the waters named hereunder:-

(1) The drain or stream known as Amon's Drain, which
flows into the Rangitikei River on the north side
about two miles from its mouth, and the Rangi-
tikei River within one chain on either side of its
confluence with the said drain.

(2) The drain or stream known as Whakapuni Drain,
which flows into the Manawatu River on the north
side near its mouth, and the Manawatu River within
one chain on either side of its confluence with the
said drain.

PENALTY FOR BREACH OF REGULATIONS.

25. Any person committing a breach of these regulations
    shall be liable to a fine of £20.

FIRST SCHEDULE.

RIVERS IN WHICH THE USE OF SET-NETS IS PERMITTED FOR TAKING WHITEBAIT.

(1) In the Provincial District of Hawke's Bay : All the
rivers and their tributaries.

(2) In the Provincial District of Taranaki : The rivers
and their tributaries in the Counties of Egmont, Clifton,
and Taranaki.

(3) In the Provincial District of Wellington : The Mana-
watu and its tributaries, but excluding any artificial drains
flowing thereinto.

(4) In the Provincial District of Nelson : The Motueka
and Moutere Rivers and their tributaries.

(5) All the rivers and streams in the County of Westland
and the Teremakau River.

(6) In the Provincial District of Canterbury : (a) The
Ashley River, and the Taranaki and Waikuku Creeks ; $(b)$ the
rivers and streams and their tributaries in the Counties of
Ashburton, Geraldine, Levels, and Waimate.

(7) In the Provincial District of Southland : The Mataura
River and its tributaries.

SECOND SCHEDULE.

AREAS AND DIMENSIONS OF SET-NETS ALLOWED TO BE USED FOR TAKING WHITEBAIT.

(1) In the Provincial District of Hawke's Bay the area of
the mouth of the net shall not exceed 5 sq. ft., or the
circumference thereof 8 ft.

(2) In the Wellington Provincial District (Manawatu
River) the area of the mouth or opening of the net shall not
exceed 9 sq. ft., and there shall be not less than $1 \mathrm{lin}$. ft.
clear space of water between the outer edge of the net and
the opposite bank of the river or tributary. If the mouth
of the net is oblong in shape, the height in feet multiplied
by the width in feet must not exceed $9$; if oval in shape,
the height in feet multiplied by width in feet must not exceed
$11$; if circular in shape, the diameter must not exceed
$3 \mathrm{ft} .4$ in. or the circumference $10 \mathrm{ft} .7$ in.