6 SEPTEMBER THE NEW ZEALAND GAZETTE 3897

District Anglers (Hawke’s Bay Acclimatisation District) Notice 1985

PURSUANT to section 71 of the Fisheries Act 1983, the Hawke’s Bay Acclimatisation Society hereby gives the following District Anglers Notice.

NOTICE

1. Title and commencement—This notice may be cited as the District Anglers (Hawke’s Bay 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), (3), (4) and (5) 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 October in any year to the 30th day of September in the following year (both days inclusive) in the following waters:

(i) Lake Tutira, except Sandy Creek and the lake outlet channel:

(ii) The Tukituki River where it passes through the Tukituki wildlife refuge and between the junction of the Tukipo River and the Mount Herbert Road Extension:

(iii) The Waipawa River within the boundaries of Waipawa Borough:

(iv) Lake Opouahi:

(v) The Manawatu River between the Ngawapurua Bridge and the Gorge Bridge:

(vi) The Ngaruroro River between the Chesterhope Bridge and Fernhill Bridge:

(vii) The Mohaka River downstream from the Pakaututu bridge, and the Waipunga, Ripia, and Te Hoe Rivers:

(viii) Lake Te Pohue.

(3) 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 (both days inclusive) in the following waters:

(i) The Manawatu River downstream from its confluence with the Mangatainui Stream to the Ngawapurua Bridge:

(ii) The Tukituki River downstream from the State Highway 50 road bridge:

(iii) The Ngaruroro River downstream from its confluence with the Taruarau River:

(iv) The Tutaekuri River downstream from its confluence with the Mangaone Stream:

(v) The Waipawa River downstream from State Highway 50 road bridge:

(vi) The Porangahau River downstream from its confluence with the Mangawhero Stream:

(vii) The Karamu Stream and its tributaries.

(4) There shall be an open season for fishing for acclimatised fish from the 1st day of May to the 30th day of June in the same year (both days inclusive) (except both days of the opening week-end of the shooting season) in the following waters:

(i) The Tutaekuri River upstream from its confluence with the Mangatatu Stream:

(ii) The Ohara River:

(iii) The Makaroro River:

(iv) The Ngaruroro River upstream from its confluence with the Taruarau River:

(v) The Manawatu River downstream from its confluence with the Mangatewainui to the Ngawapurua Bridge.

(6) 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 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 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 fishing is permitted, any lead, wooden or plastic bubble, or bubble with or without water, or weight, other than the necessary weight of line, cast, and artificial fly;

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

(e) any multiple hook;

(f) 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;

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

(h) any wire or gimp trace or cast of a greater length than 1.8 metres:

(i) 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;

(j) 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;

(k) any mechanically propelled boat in Lake Tutira;

(l) 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 fly, or natural fly, spider, insect, or artificial minnow.

(2) Subject to clause 4(5) of this notice, no licence holder when fishing for acclimatised fish shall use—

(a) Any lure or bait other than artificial fly in—Cochranes Creek, or the Mangaonuku, Maharakiki, Mangaone, Maraetotara, Makaretu, Mangatoro, or Tukipo Rivers, or any tributary of any such river:

(b) As any lure or bait, any fish ova or any portion of a fish or any shellfish (mollusca), or uncoloured bread dough, or the freshwater crayfish (koura), or worm, or natural nymph, or creeper, or the huhu or matai grub:

Provided that nothing in this paragraph shall apply with respect to any person fishing for perch in Lake Te Pohue, nor restrict the use of live bait in the Manawatu River downstream from the Weber Road Bridge.

9. Daily limit bag—(1) No licence holder shall on any one day take or have in his possession more than 8 trout or salmon, except that there shall be no limit bag on trout taken from Lake Tutira.

(2) No licence holder shall continue to use a rod and running line to take trout or salmon on any day on which he has already taken or killed 8 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.