21 DECEMBER
THE NEW ZEALAND GAZETTE
4601

(3) Any acclimatised fish taken by any person netting indigenous fish shall be immediately returned to the water from which it was taken with as little injury as possible.

Approved at Wellington this 16th day of December 1983.

M. J. BELGRAVE,
Assistant Director-General of Agriculture and Fisheries.

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 Otago acclimatisation districts.

District Anglers Notice Southern Lakes Acclimatisation District

PURSUANT to section 71 of the Fisheries Act 1983, the Department of Internal Affairs hereby gives the following District Anglers Notice.

NOTICE

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

2. Interpretation.—(1) In this notice, unless the context otherwise requires:

“Artificial fly” includes any lure of feather, fur, wool, or other material of any kind customarily used in the making of artificial flies:

“Artificial minnow” includes spoonbait, any lure in the tying of which lead or other weight has been incorporated to facilitate the casting or sinking of the lure, and any lure which incorporates a spinning device or a device to impart a wobbling or irregular motion of the lure:

“Boat” includes a launch or other vessel; and also includes any canoe, punt, or raft, and any aircraft or hovercraft on the surface of the water:

“Close season” means, in respect of any part of the district, the portion of any year which is not included in the open season for that part:

“District” means the Southern Lakes Acclimatisation District as described in the First Schedule to this notice:

“Foulhook”, in relation to any acclimatised fish, means to take the acclimatised fish with a hook otherwise than through the mouth:

“Landmark” means a black and yellow ringed post:

“Length”, in relation to any fish, means the total length from the tip of the snout to the tip of the tail:

“Lure” means any artificial or natural fly, any artificial or natural minnow, and any artificial or natural worm, and any artificial crustacean or rodent:

“Natural fly” includes spiders and insects; but does not include anything the use of which is prohibited by subclause (1) of clause 8 of this notice:

“Open season means—

(a) In respect of all rivers and streams flowing into lakes Hawera, Wanaka, Wakatipu, Te Anau, Manapouri, Monowai, Poteriteri, and Hakapoua, and the lower Waiua River from Pearl Harbour to the eastern boundary of the District, or into any lake draining into those lakes, and the tributaries of those rivers and streams, except the Waiua River, the 1st day of November in any year to the 31st day of May in the next succeeding year (both days inclusive):

(b) In respect of all rivers, lakes and streams draining into the Tasman Sea between Makawhio Point and Puysegur Point (including the tributaries of those rivers and streams, but excluding all those waters draining into Deep Cove, Doubtful Sound, via the hydro-electric outfall from Lake Manapouri), the 1st day of September in any year to the 31st day of May in the next succeeding year (both days inclusive):

(c) In respect of Lakes Hawea, Wanaka, Wakatipu, Te Anau, Manapouri, Hayes, and Johnson, the 1st day of October in any year to the 31st day of July in the next succeeding year (both days inclusive):

(d) In respect of all other waters in the district, including the Waiua River between Lakes Te Anau and Manapouri Mill Creek (which flows into Lake Hayes), and the hydro-electric outfall from Lake Manapouri into Deep Cove, Doubtful Sound, the 1st day of October in any year to the 31st day of May in the next succeeding year (both days inclusive):

(e) In respect of Diamond Creek between its confluence with the Rees River (as indicated by a black and white striped marker post) and its outflow from Reid Lake, the 1st day of November in any year to the 31st day of March in the next succeeding year (both days inclusive):

“Regulations” means the Freshwater Fisheries Regulations 1983:

“River” or “stream” includes any lake or impoundment of waters thereon, whether natural or artificial; and also includes any artificial watercourse:

“Take” and all references thereto includes taking, fishing for, catching, killing, or pursuing by any means or device; and also includes the attempt to take:

(2) Words and expressions in this notice which are defined in the Fisheries Act 1983 or the Freshwater Fisheries Regulations 1983 shall unless the context otherwise requires have the meanings so defined.

3. Application of this notice.—This notice shall apply to the Southern Lakes acclimatisation district.

4. Rights to fish conferred by licences.—(1) Subject to the conditions and restrictions imposed by this notice, the holder of a licence may take acclimatised fish in any part of the district between the first and last days specified in the licence (both days inclusive) or on the day specified in the licence, as the case may be:

Provided that no person, whether a licence holder or not, shall take acclimatised fish in the following waters:

(a) That portion of Lake Wanaka which is within 100 metres of any part of the launch wharf at the township of Wanaka:

(b) Queenstown Bay, Lake Wakatipu, inside a straight line drawn from the outermost point of the Tourist Park to the point where the south bank of One Mile Creek meets Lake Wakatipu:

(c) That portion of the Waiau River which is within 100 metres of any part of the wharf at the Fiordland Travel Company’s Tourist Centre on the Waiau River, Lake Manapouri:

(d) That portion of the Moeraki River that lies upstream from Lake Moeraki:

(e) The Windbag Stream:

(f) That portion of Lake Wakatipu that is within 100 metres of any part of the wharf in Black Bay (commonly known as the Walter Peak Jetty):

(g) Any waters in which acclimatised fish are held in captivity for display purposes pursuant to an authority given under regulation 64 of the regulations or the corresponding provisions of any former regulations:

(h) Mill Creek (which flows into Lake Hayes) from the Speargrass Flat Road bridge to the Falls:

(2) Notwithstanding anything in subclause (1) of this clause or in paragraph (b) of the definition of the term “open season” in subclause (1) of clause 2, no person shall take quinnat (or chinook) salmon (Oncorhynchus tshawytscha) in any river, lake, or stream draining into the Tasman Sea between Makawhio Point and Puysegur Point, or in any tributary of any such river or stream, or in any river or stream flowing into any such lake, or in any tributary of any such last-mentioned river or stream.

(3) Every licence shall be subject always to the special limits and restrictions set out in this notice or otherwise imposed by law, and, notwithstanding the terms of any licence, the holder thereof shall not be authorised to take acclimatised fish or in any way injure or disturb the same in any part of the district during the close season for that part.

5. Fishing in close season prohibited.—No person shall take acclimatised fish or in any way injure or disturb acclimatised fish in any part of the district during the close season for that part.

6. Disturbing spawning grounds, etc.—(1) No person shall, without having first obtained an authority in writing from the Director-General, or otherwise in accordance with the Freshwater Fisheries Regulations 1983—

(a) Disturb or damage spawning grounds; or

(b) Disturb the bed, bank, or margin of any stream, river, or other water adjacent to any spawning grounds; or

(c) Have in his possession the eggs or young of acclimatised fish taken from any spawning grounds.

(2) Every person who commits a breach of subclause (1) of this clause commits a further offence if he neglects or refuses to repair any damage to any spawning grounds, or to the bed, bank, or margin of any stream, river, or other water adjacent to any spawning grounds occasioned by the breach when requested to do so by an officer under the Act.

7. Restrictions on methods of fishing.—(1) No person shall take acclimatised fish by any means other than with one rod and running line, or use for the purpose of taking or killing acclimatised fish—

(a) Any strokehauling or foulhooking gear; or

(b) Any gaff; or

(c) Any spear or similar instrument; or

(d) Any hook which has a distance greater than 14 mm between the point and the nearest part of the shank or hook; or