4600
THE NEW ZEALAND GAZETTE
No. 222

EXPLANATORY NOTE
This note is not part of the notice but is intended to indicate its general effect.

This notice sets the conditions under which a current licence holder may fish for acclimatised fish in the South Canterbury and Waitaki Valley acclimatisation districts.

District Anglers Notice Otago Acclimatisation District

Pursuant to section 71 of the Fisheries Act 1983, the Otago Acclimatisation Society hereby gives the following District Anglers Notice.

NOTICE

1. Title and commencement—This notice may be cited as the District Anglers (Otago Acclimatisation District) Notice 1983, and shall come into force on 1 January 1984.

2. Interpretation—Words and expressions in this notice which are defined in the Fisheries Act 1983 or the Freshwater Fisheries Regulations 1983 have the meanings so defined.

3. Open season—Fishing for acclimatised fish by licence holders shall be permitted during the period from the 1st day of October in any year to the 30th day of April in the following year (both days inclusive), provided that:

(a) There shall be no close season in the following waters:

The Clutha River downstream from the main road bridge at Balclutha:

The Taieri River downstream from the main road bridge at Allanton:

Butcher’s Dam:

Conroy’s Dam:

Phoenix Dam:

Poolburn Dam:

Lake Onslow:

Lake Waihola, including the waterway connecting this lake to Lake Waipori and east on that waterway to the railway bridge:

Lake Waipori:

Tomahawk Lagoon:

Lake Roxburgh between the dam wall and the bridge on State Highway 8 at Alexandra:

(b) There shall be an open season from the 1st day of June to the 30th day of September inclusive in any year in the Mataura River downstream from the Gorge Road traffic bridge.

(c) No person shall fish for any acclimatised fish—

(i) At any time between the Roxburgh Dam and a line joining the sites of posts marked “Fishing prohibited above this point” placed on each side of the Clutha River at the outlet of the spillway from the Roxburgh powerhouse:

(ii) During the month of October in the Upper Manorburn Dam or in any tributary of Lake Mahinerangi:

(iii) During the period commencing on the 28th day of April and ending on the 30th day of April in any water except those specified in clause 3 (a).

4. Authorised tackle—(1) Every person shall fish for, take or kill acclimatised fish using only a rod and running line provided that:

(a) playing an acclimatised fish, a landing net or gaff may be used to secure or land any such fish;

(b) taking small indigenous fish for bait in angling, a bait net not over 1.8 metres in length may be used;

(c) keeping alive acclimatised fish lawfully taken with rod and line in the same water, a keep net not over 1.8 metres in length may be used.

(2) No person shall use in fishing for acclimatised fish or have under his control more than one assembled rod and running line at any one time.

(3) No person shall fish for acclimatised fish with a rod and line unless he is in actual attendance within 15 metres of the rod and has the rod under his own visual observation.

5. Prohibition on unauthorised fishing tackle, etc.—No person shall, when fishing for acclimatised fish or when in possession of an assembled fishing rod and gear suitable for fishing for acclimatised fish, have in his possession or under his control or convey or cause to be conveyed to the vicinity of any place where he is fishing or proposes to fish, any paravane, any stroke-hauling or foul-hooking gear, any spear, any narcotic or poisonous substance or liquid injurious to fish.

6. Authorised use of net—(1) No person shall use or cause to be used for any purposes a net of any description, except as provided for in clause 4 of this notice, except:

(a) A whitebait net;

(b) any net used for taking fish for the purposes of management of scientific investigations pursuant to an authority granted pursuant to section 72 of the Act.

provided that it shall be a defence for any person charged with a breach of this notice if he proves that he was netting for indigenous fish in accordance with the provisions of any regulations or notices in that behalf for the time being in force.

7. Prohibition on possession or control of spear gun—(1) No person shall, when taking any acclimatised fish or when in possession of any acclimatised fish, have in his possession or under his control any spear gun or any pointed missile (other than a bullet) which is propelled by means of any mechanical or explosive device.

(2) Where any person is charged with an offence under sub-paragraph (1) of this clause, it shall be a defence to the charge if the defendant proves that the spear gun or pointed missile in his possession or under his control was not used in taking the acclimatised fish.

(3) In this clause the term “explosive” has the same meaning as in the Explosives Act 1957.

8. No disturbance or possession—No person shall otherwise than in accordance with this notice intentionally disturb or damage the spawning redds or the eggs or larvae of acclimatised fish or have in his possession the eggs or larvae of acclimatised fish.

9. Authorised lures and baits—No person shall fish for acclimatised fish with any bait or lures other than artificial or natural fly, insect, worm, crustacea, minnow, fish (excluding fish ova or any portion of a fish or any shellfish (mollusca)) or uncoloured bread dough.

10. Authorised fishing gear—(1) No person when fishing for acclimatised fish shall use—

(a) more than 2 lures or baits;

(b) any lead or weight attached below or so as to hang below any lure or bait;

(c) in any water in which only artificial fly is permitted, any lead or weight other than the necessary weight of line, cast and fly;

(d) any artificial fly having more than one hook or having a multiple hook;

(e) any bait or lure treated with any medicinal or chemical preparation other than—

(i) In the case of artificial fly, oil used solely to give buoyancy to such flies; and

(ii) In the case of natural baits, a formalin or other preservative preparation:

(f) any wire, either plain or twisted, or any gimp trace or cast of a greater thickness than 0.82 mm;

(g) any wire or gimp trace or cast of a greater length than 1.8 metres;

(h) on or in conjunction with any spoonbait, minnow, or other lure any double or treble hook or other fixed multiple assembly of hooks one hook of which has a greater distance than 13 mm between the point and the nearest part of the shank of the hook; or

(i) in conjunction with any spoonbait or artificial minnow, any lead or weight affixed to the trace or line at a distance of less than 38 cm above the lure.

(2) No person in fishing for acclimatised fish shall troll from any boat in any river or stream except the Taieri River downstream from Henley Ferry bridge, the Clutha River downstream from Balclutha and the Mataura River downstream from the Mataura Island bridge or fish from any boat, canoe, pontoon, or any form of body flotation device in the Mataura River upstream from the Mataura Island Bridge.

11. Daily limit bag—(1) No person shall on any one day take, kill or have in possession more than 10 trout or salmon of which no more than 4 may be either salmon taken from the Clutha River downstream from the Roxburgh Dam or trout taken from the Pomahaka River upstream from Switzer’s bridge.

(2) No person shall continue to fish for trout or salmon on any day on which he has already taken or killed 10 trout or salmon.

(3) It shall be permissible to make up the difference between a lesser limit bag prescribed in one place and a higher limit bag prescribed in another place.

12. Minimum size to be taken—(1) No person shall fish for, take, or kill in any manner whatever, or intentionally have in his possession, any trout or salmon which does not exceed in length:

(a) In the case of any trout or salmon taken from the Water of Leith or the Teviot River, 20 cm;

(b) In the case of any trout or salmon taken from any other water, 25 cm:

(2) Every person taking a trout or salmon which does not exceed the specified length shall immediately return it with as little injury as possible into the water from which it was taken.

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