578 THE NEW ZEALAND GAZETTE No. 29

that packing house, and the net weight of the rock
lobster or rock lobster tails therein; and
(f) Is packed at an authorised fish packing house situated
in Otago:

“Culching” means the process of sorting, either manually or
mechanically, the catch from an oyster dredge:

“Day” means a period of 24 hours computed from midnight
to midnight:

“Dredge” means a device towed on or over the seabed capable
of catching shellfish; and includes a box dredge or ring
dredge:

“Finfish” includes the Classes Osteichthyes (boney fishes),
Chondrichthyes (cartilaginous fishes), and Agnatha (jawless
fishes):

“Fishing year” means a period of 12 months ending with the
30th day of September:

“Foveaux Strait Dredge Oyster Fishery” means the oyster fish-
ery in Foveaux Strait within New Zealand fisheries waters,
bounded—

(a) To the west, by a straight line drawn from Oraki Point
in Block 2, Longwood Survey District (at 46° 23.6′ S
and 167° 52.52′ E) to the easternmost point of Centre
Island (at 46° 27.7′ S and 167° 51.3′ E); thence by
mean high-water mark to Centre Island Lighthouse
(at 46° 27.8′ S and 167° 50.6′ E); thence by a straight
line to the northernmost point of Codfish Island (at
46° 45.2′ S and 167° 36.6′ E); thence by a straight
line to North Red Head on the northwest coast to
Stewart Island (at 46° 44.8′ S and 167° 42.4′ E); and
(b) To the east, by a straight line drawn, from Slope Point
in Block 9, Waikawa Survey District (at 46° 40.5′ S
and 169° 0′ E) to the East Cape on Stewart Island
(at 47° 0.9′ S and 168° 13.8′ E):

“Length”, unless otherwise specified, means—

(a) In relation to any rock lobster tail, its length from the
posterior side of the calcified bar on the underside
of the first segment to the tip of the telson of the
tail fan, measured in a middle straight line along
the under side or ventral side with the tail laid flat
using no more pressure applied to the rock lobster
or measuring device than will hold the measuring
device against the posterior side of the first calcified
bar and will cause the ventral surface to just touch
the measuring device:

(b) In relation to any finfish, its length from the tip of the
nose to the posterior end of the middle ray of the
tail fin:

(c) In relation to any shellfish, the greatest diameter of
the shell:

“Open season” means that period of a year not prescribed as
a closed season:

“Oyster” includes the kinds of molluscs known as Saccostrea
glomerata (formerly known as Crassostrea glomerata or
Saxostrea glomerata), and Crassostrea gigas, commonly
known as the rock oyster and Pacific oyster respectively;
and Tiostrea lutaria (formerly known as Ostrea lutaria),
commonly known as the dredge oyster:

“Place or port of domicile”, in relation to any fishing vessel,
means the place or port at which the vessel is based and
from which fishing is substantially carried out, as specified
in the fishing permit for the time being in force in respect
of the vessel; and “domiciled” has a corresponding meaning:

“Place or port of registry”, in relation to a registered fishing
vessel, means the place or port at which the fishing vessel
is registered under Part IV of the Act:

“Rock lobster” means the fish of which the scientific names
are Jasus edwardsii (commonly known as the spiny or red
rock lobster), and Jasus verreauxi (commonly known as the
packhorse or green rock lobster):

“Rock lobster pot” means any pot, whether baited or not, which
is capable of catching or holding rock lobsters; and includes
any other device capable of catching, holding, or storing
rock lobsters.

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

Rock Lobsters

3. Taking of rock lobster subject to restrictions—(1) It shall be
   lawful to fish for rock lobsters, the tails of which are less than
   152 mm but greater than 127 mm in length, in that part of the sea
   lying between a straight line between the Waitaki River South Head
   Aero Beacon (at 44° 56′ 7″ S and 171° 08′ E) on a true compass
   bearing of 135°, and a straight line from Nugget Point Lighthouse
   (at 46° 27′ S and 169° 49′ E) on a true compass bearing of 135°, and
   within the New Zealand fisheries waters (the area commonly known
   as the Otago concession area).

(2) No person shall take from that part of the sea described in
subclause (1) of this clause any rock lobster the tail of which is less
than 152 mm in length, unless the rock lobster is taken during the
period commencing with the 21st day of June in any year and end-
ing with the 19th day of December in that year and its tail is not
less than 127 mm in length.

(3) Without limiting the provisions of subclause (2) of this clause,
no person operating from a fishing vessel shall take from that part
of the sea described in subclause (1) of this clause any rock lobster
the tail of which is less than 152 mm in length unless the following
conditions are satisfied:

(a) A fishing permit authorising the taking of rock lobsters is in
force in respect of the fishing vessel:

(b) The fishing vessel is registered at Dunedin and domiciled at
a port or place lying between the Waitaki River South Head
Aero Beacon (at 44° 56′ 7″ S and 171° 08′ E) and Nugget
Point Lighthouse (at 46° 27′ S and 169° 49′ E):

(c) All rock lobsters with tails less than 152 mm in length are
landed at the said port or place of domicile.

(4) No person shall have in possession on board any fishing vessel,
or use any rock lobster pot, within the waters described in subclause
(1) of this clause, which does not have at least one aperture incor-
porated in any part of the pot except the bottom, of a size not less
than 38 mm in height and 152 mm in width:

Provided that nothing in this subclause shall restrict the use of
a rock lobster pot which has spot welded rectangular mesh having
spaces not less than 38 mm in height and 152 mm in width.

4. Otago Concession Buffer Zone—No person shall fish for any
   rock lobster during the period commencing with the 1st day of June
   in any year and ending with the 19th day of December in the same
   year from any waters within New Zealand fisheries waters between
   a straight line from Nugget Point Lighthouse (at 46° 27′ S and
   169° 49′ E) on a true compass bearing of 135° and a straight line
   from Long Point (at 46° 34′ 8″ S and 169° 34′ 8″ E) on a true com-
   pass bearing of 135°.

5. Tailing at sea permitted—(1) It shall be lawful to tail at sea in
   the uncooked state any rock lobster taken from the waters of the
   sea adjacent to the coast of the South Island (including Stewart
   Island) which lie within 12 nautical miles of mean high-water mark
   of each part of the mainland, islands, and rocks which lie between
   a true compass bearing of 135° from Long Point (at 46° 34′ 8″ S
   and 169° 34′ 8″ E) and a true compass bearing of 315° from the
   south of Bruce Bay (Heretanewha Point) (at 43° 34.5′ S and
   169° 34.7′ E)—

(a) By any fishing vessel with the port of registry as Bluff; or

(b) By any fishing vessel with port registry at Dunedin or Grey-
mouth or Westport, if the master or person in charge, before
leaving the port at which the vessel is registered to fish for
rock lobsters in the above waters, has notified the local
fishery officer at the port of registry, of his intention to fish
for rock lobsters in those waters, and notifies a fishery officer
immediately after the return of the vessel to the port of
registry that the vessel has been engaged in fishing for rock
lobsters in those waters.

(2) No person shall land from any vessel the tail of any rock lobster
unless the tail is 152 mm or more in length.

(3) No person shall land any rock lobsters taken from the waters
lying within 12 nautical miles of mean high-water mark of the coast
of the South Island lying between Long Point (at 46° 34′ 8″ S and
169° 34′ 8″ E) and Heretanewha Point at Bruce Bay (at 43° 34.5′ S
and 169° 34.7′ E) by a registered fishing vessel to which subclause
(1)(b) of this clause applies, except at the port or place of domicile
of the vessel or at any port or place lying between Puysegur Point
(at 46° 09.5′ S and 166° 36.6′ E) and Bruce Bay (at 43° 34.5′ S and
169° 34.7′ E).

(4) After notifying a fishery officer as required by subclause (1)(b)
of this clause, the master or person in charge of the fishing vessel
shall not fish for rock lobsters from that vessel in any other waters
until he has notified the Director-General of Agriculture and Fish-
eries or a fishery officer of the port or place at which the vessel is
domiciled of his return to the port or place.

(5) After notifying a fishery officer as required by subclause (1)(b)
of this clause, the master or person in charge of the vessel shall
ensure that the tails of rock lobsters taken by the vessel are at no
time aboard the vessel in waters other than those specified in this
clause except while in transit between the place at which the rock
lobsters were taken and the port or place of the vessel’s domicile
at Dunedin, Greymouth, or Westport, as the case may be.

6. Director-General may authorise tailing of rock lobster in Otago
   subject to certain conditions—In respect of rock lobsters (not being
   packhorse lobsters) taken in accordance with clause 3(1) of this
   notice from the Otago concession area—

(a) Rock lobster tailing and processing shall be carried out in an
authorised fish packing house:

(b) Rock lobsters or rock lobster tails authorised for export shall
be packed in an authorised fish packing house and the con-
tainers containing rock lobster or rock lobster tails, the tail
of which is less than 152 mm but greater than 127 mm in
length, shall be sealed under the direction of a fishery officer,