3894 THE NEW ZEALAND GAZETTE No. 165

District Anglers (Nelson Acclimatisation District) Notice 1985

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

NOTICE

1. Title and commencement—This notice may be cited as the District Anglers (Nelson Acclimatisation District) Notice 1985, and shall come into force on the 1st day of October 1985.

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

3. Open season—(1) Subject to subclauses (2) and (3) of this clause and to clause 4 of this notice, there shall be an open season for fishing for acclimatised fish from the 1st day of October in any year to the 30th day of April in the following year (both days inclusive).

(2) There shall be an open season for fishing for acclimatised fish from the 1st day of October in any year to the 30th day of September in the following year (both days inclusive) in the following waters:
(i) the Cobb Reservoir;
(ii) the Waimea or Wairoa Rivers downstream from the confluence with the Lee River;
(iii) the Aorere River downstream from the road bridge at Rockville;
(iv) the Motueka River downstream from the road bridge at Alexander Bluff.

(3) There shall be an open season for fishing for acclimatised fish from the 1st day of May to the 31st day of August in the same year (both days inclusive) in Lakes Rotoiti and Rotoroa.

(4) No licence holder shall fish for or take any acclimatised fish except during an open season.

4. Closed season—(1) There shall be a closed season for fishing for acclimatised fish in Lake Daniells from the 1st day of October to the 31st day of October in the same year (both days inclusive).

(2) There shall be a closed season for fishing for acclimatised fish in Brook Stream in Nelson City from the 1st day of October in any year to the 30th day of September in the year following (both days inclusive).

5. Authorised tackle—(1) No licence holder shall fish for or take any acclimatised fish except by using a rod and running line.

(2) Notwithstanding subclause (1) of this clause,—
(a) when playing an acclimatised fish, a landing net or gaff may be used to secure or land any such fish;
(b) for keeping acclimatised fish alive a keep net of not more than 1.8 metres in length may be used in the water from which that fish was taken.

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

(4) No licence holder shall fish for acclimatised fish unless he is within 15 metres of the rod he is using and has the rod under his own visual observation.

(5) No licence holder 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;
(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 fly, spoonbait, minnow, or other lure any double or treble hook or other fixed multiple assembly of hooks any one hook of which has a greater distance than 13 mm between the point and the nearest part of the shank of the hook;
(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;
(j) any unsportsmanlike device or method.

(6) Subject to clause (5) of this clause—No licence holder when fishing for acclimatised fish shall

(a) Use any lure or bait other than artificial fly in the Maitai River (except if the holder of a junior licence and fishing in the Maitai River), Riwaka River, Happy Valley River, Motupiko River, Mangles River, Pearce River, the Cobb River upstream from the first gorge upstream from Cobb Lake (that point being more particularly shown by white posts on the river banks), or in any tributary of any such river or stream or, as the case may be, of the part specified in this paragraph;

(b) Tow or troll any lure in that part of Lake Rotoroa within a radius of 200 m from the centre of the meeting lines with the lake of all rivers and streams entering the Lake, or in that part of the lake within a radius of 200m from the centre of the meeting line with the lake of the outlet from the lake of the Gowan River, as shown in each part by white posts;

(c) Fish from any boat in Lake Rotoiti within a radius of 200m from the centre of the meeting lines with the lake of the Travers River and the Cold Water Creek, or within a radius of 200m from the centre of the outlet of the Buller River from the lake, as shown by white posts on each river bank.

6. Prohibition on unauthorised fishing tackle, etc.—No licence holder shall, when fishing for acclimatised fish, use or 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 foulhooking gear, or any spear.

7. Use of nets—Subject to clause 5(2) of this notice, no licence holder shall use or cause to be used for taking acclimatised fish a net of any description:

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

8. Prohibition on possession or control of spear gun—(1) No licence holder 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 subclause (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.

9. Authorised lures and baits—No licence holder shall fish for acclimatised fish with any bait or lure 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. Daily limit bag—(1) The limit bag for trout and salmon taken from the following waters shall be 10 (of which not more than 4 may be salmon):
    (i) the Motueka River downstream of the confluence with the Wangapeka River;
    (ii) the Buller River downsteam of the confluence with the Gowan River;
    (iii) the Maruia River;
    (iv) the Matakitaki River;
    (v) the Aorere River;
    (vi) Lake Rotoiti;
    (vii) Lake Rotoroa;
    (viii) the Cobb Reservoir.

(2) The limit bag for trout and salmon taken from any waters other than those specified in subclause (1) of this clause shall be 4.

(3) No licence holder shall continue to use a rod and running line to take acclimatised fish on any day on which he has taken or killed a limit bag.

(4) 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.

11. Minimum size to be taken—(1) No licence holder shall take or 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 Maitai River, 25 cm;
    (b) In the case of any trout or salmon taken from any other water, 30 cm.

(2) Every licence holder 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.