3896

THE NEW ZEALAND GAZETTE

No. 165

and shall come into force on the day after the date of its notification in the Gazette.

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 subclause (2) of this clause 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 June to the 30th day of September in the same year in the following waters:

(i) The Matarua River downstream from the Gorge Road traffic bridge:

(ii) The Oreti River downstream from the bridge on the Riverton-Invercargill Road:

(iii) The Aparima River downstream from the Gummies Bush Road bridge:

(iv) The Pourakino River downstream from the Pourakino Valley bridge at Waipango:

(v) The Makarawa River between the bridge on the Riverton-Invercargill Road and its confluence with the Oreti River and the Waihopai River downstream from the Queens Drive bridge:

(vi) The tidal section of the Waiau River downstream from a signposted point (Map reference S175:725,255), approximately one kilometre from the outer edge of the coastal boulder bank, including the whole area of the Te Wae Wae Lagoon, but excluding the Hollyburn:

(vii) The Waiwiki Stream downstream from the north Road Bridge.

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

4. 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—

(a) use more than 2 lures or baits;

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

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

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

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

(h) use 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) use 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) fish from any boat other than a row boat in Lake Thomas;

(k) fish from any boat, canoe, pontoon, or any form of flotation device in the Matarua River upstream from the Matarua Island bridge;

(l) fish from any boat, canoe, pontoon, or any form of flotation device in the Matarua River upstream from the Matarua Island bridge;

(m) any unsportsmanlike device or method.

5. 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.

6. Use of nets—Subject to clause 4(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.

7. 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, use or 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.

8. Authorised lures and baits—(1) Subject to subclause (2) of this clause 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.

(2) No licence holder when fishing for acclimatised fish shall use any lure or bait other than artificial bait in the following waters, including the tributaries of those waters:

(i) The Aparima River upstream from the Otatau-Mossburn Highway:

(ii) The Hamiltonburn River upstream from the Otatau-Mossburn Highway:

(iii) The Oreti River upstream from Rocky Point:

(iv) The Whitestone River:

(v) Lake Echo:

(vi) The Mararoa River upstream from the Mossburn-Te Anau Highway Bridge at the Key:

(vii) The Mavora Lakes:

(viii) The Borland Burn:

(ix) The Wairaki River upstream from the transmission line:

(x) Flaxy Creek.

9. Daily limit bag—(1) No licence holder shall on any one day take or have in his possession more than 10 trout or salmon.

(2) Notwithstanding subclause (1) of this clause no licence holder shall on any one day take or have in his possession more than 4 trout or salmon from one or more of the following waters, including any tributaries of those waters:

(i) The Aparima River upstream from the Otatau-Mossburn Highway:

(ii) The Hamiltonburn River upstream from the Otatau-Mossburn Highway:

(iii) The Oreti River upstream from Rocky Point:

(iv) The Mararoa River upstream from its junction with the Waiu River, including the Whitestone, Flaxy Creek and Windon Burn tributaries, the Mavora Lakes and Lake Echo:

(v) The Borland Burn:

(vi) The Wairaki River:

(vii) Lake Thomas:

(viii) Lake Waituna:

(ix) The Acton Stream:

(x) The Cromel River:

(xi) The Matarua River upstream from the Black Bridge just north of Athol:

(xii) The Monowai River.

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

(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.

10. 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:

(i) In the case of Atlantic salmon, 38 cm;

(ii) In the case of trout, 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.

12. Revocation—The notice published in the supplement to Gazette No. 183 of Thursday, 11 October 1984, on pages 4283–4284 titled District Anglers (Southland Acclimatisation District) Notice 1984, is hereby revoked.

Approved at Wellington this 26th day of July 1985.

B. T. CUNNINGHAM,
for Director-General of Agriculture and Fisheries.