28 AUGUST
NEW ZEALAND GAZETTE
2545

when any weight is attached, or more than one hook (single or multiple), or any hook with a gap greater than 13 mm;

(f) Cast other than from the reel, or retrieve the line other than by winding the reel, in the Ashburton, Rangitata, or Orari Rivers except when—

(i) Using natural bait (except where this is otherwise prohibited) or artificial fly fishing;

(ii) Fishing with an artificial fly (the total weight of which must not exceed 28 grams) seaward of a line drawn between two poles situated on either side of the upstream limit of the estuarine area;

(g) Fish in Lakes Benmore or Ohau from a boat or flotation device while using natural bait;

(h) With any natural bait, use more than one such bait, or more than three single hooks, or two single and one triple, or any hook, with a gap greater than 9 mm;

(7) No licence holder when fishing for sports fish shall—

(a) Foulhook or attempt to foulhook any sports fish;

Provided it shall be a defence to the charge for any person charged with a breach of this subclause, if that person proves that he or she was attempting to take the fish by hooking it from within the mouth, and that any sports fish taken otherwise than by hooking it from within the mouth was returned immediately or was in the process of being returned immediately with as little injury as possible to the waters from which it was taken.

(b) Continue to fish on any day after having foulhooked three sports fish, even though any such sports fish have been returned immediately in accordance with the previous clause 5 (7) (a).

6. Prohibition on unauthorised fishing tackle, etc—No licence holder shall, when fishing for sports fish, use or be in possession of, or be in control of, or convey or cause to be conveyed to the vicinity of any place where that licence holder is fishing or proposes to fish, 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 sports fish, a net of any description:

Provided that it shall be a defence for any licence holder charged with a breach of this clause if that licence holder proves that he or she 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 or intending to take or when in possession of, any sports fish, be in possession of or be in control of, any spear gun or pointed missile (other than a bullet) which is propelled by means of any mechanical or explosive device.

(2) Where any licence holder 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 speargun or pointed missile in the defendants possession or under the defendants control was not used in the taking of the sports fish.

(3) In this clause the term ‘explosive’ has the same meaning as in the Explosives Act 1953.

9. Authorised lures and baits—(1) Subject to subclauses (2) and (3) of this clause and clause 5 (5) of this notice, no licence holder shall fish for sports 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 sports fish shall—

(a) Use any lure or bait other than artificial fly in the Hinds River or its tributaries, Ohape Stream or its tributaries, Tengawai River or its tributaries, Hakataramea River or its tributaries, Maerewhenua River or its tributaries, Deep Stream (a tributary of Lake Aviemore), Omarama Stream upstream from the bridge on State Highway 8, Swan lagoon, Green Lagoon, Yellow Lagoon, Watson Lagoon, Lake Poaka, Lake Merino, Lake McGregor, Maori Lakes, Lake Emily, Lake Roundabout, Lake Spider, Lake Denny, Lake Donn, or Lake Clearwater, or in the tributaries of any such lake, or any high country tarn or lagoon;

Provided that a primary school pupil may fish with any lawful lure or a bait in the Hinds River upstream from the Lynnford Bridge.

(b) Use any lure or bait other than artificial fly, artificial minnow, or spoon in the Ahuriri River or its tributaries, Ohau River or its tributaries, Twizel River or its tributaries, Frazer River or its tributaries, Otematapio River or its tributaries, Waihao River upstream from Five Forks Bridge, Waihao River upstream from the Waihao Forks Bridges, tributaries of the Tekapo River, Ashburton River except from the junction of the South Ashburton and Taylors Stream downstream to its mouth and including the North Ashburton River, Rangitata River and its tributaries upstream of the point known as Red Rocks Bluff, Lake Alexandrina, Lake Camp, Lake Emma, or in Lake Mystery.

10. Daily limit bag—(1) No licence holder shall on any one day kill or have in possession more than 6 trout or salmon.

(2) Notwithstanding subclause (1) of this clause no licence holder shall on any one day kill or have possession of more than—

(a) Six sports fish from Lake Heron of which not more than 4 may be trout

(b) Two salmon from any other waters within the Region;

(c) Two sports fish from any of the following waters for which the daily limit bag is 2 fish;

(i) Lakes—Lake Emily

(ii) Rivers—Jollie, Huxley, Temple, Maitland, Twizel, Frazer, Upper Ahuriri and tributaries above and including Longslip Creek, Ahuriri East Branch, Omarama Stream, Otematapio, Upper Otematata and tributaries above and including Clear Stream, Maerewhenua North and South Branches, Kakanui above Clifton Falls Bridge, and the Waihao above the Waihao Forks Bridges;

(d) 4 trout from any other waters within the Region.

(3) No licence holder shall continue to fish for a particular species of sports fish on any day on which he or she has already killed a limit bag for that species.

(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 be in possession of any trout or salmon which does not exceed in length

(a) 30 cm from any lake, high country tarn or lagoon excluding salmon in Lake Heron for which the minimum size to be taken shall be 25 cm.

(b) 25 cm from any other waters of the Region.