2246 NEW ZEALAND GAZETTE No. 94

in the area of the existing one nautical mile coastal strip and two nautical mile harbour bubbles which currently ban trawling from Taranaki Point to Albatross Point, and in the area within one nautical mile radius centred on Gannet Island.

(ii) In making the decision referred to in (i) above I am satisfied, after having carefully reconsidered the matter in terms of section 181 (9) of the Act, with the major finding of the tribunal that the coastal area of the taiapure, as proposed, would cover an important section of the existing trawl fishery and that the establishment of a taiapure in this area could have an adverse impact on that sector. However, I am further satisfied that the amended boundaries of the taiapure, as recommended by the tribunal, are appropriate in terms of section 176 (2) of the Act. I would also like to record that the advice of the committee of management and affected parties will be sought regarding any outstanding fisheries management issues that are associated with, but are outside the boundaries of, the taiapure.

Dated at Wellington this 29th day of July 1999.

Hon. DAVID CARTER, Associate Minister of Food, Fibre, Biosecurity and Border Control.

go5814

Fisheries (Bycatch Trade-Off) Notice (No. 3) 1999 (No. F129)

Pursuant to section 28ZG of the Fisheries Act 1983, the Policy Manager, Ministry of Fisheries (acting pursuant to delegated authority in accordance with section 41 of the State Sector Act 1988), hereby gives the following notice.

Notice

1. Title and commencement—(1) This notice may be cited as the Fisheries (Bycatch Trade-off) Notice (No. 3) 1999.

(2) This notice shall come into effect the day after the date of its notification in the Gazette, and shall expire on the 15th day of October 1999.

2. Interpretation—In this notice:

(a) Any reference to Quota Management Area means the appropriate Quota Management Area as defined in the Fisheries (Quota Management Areas, Total Allowable Catches and Catch Histories) Notice 1986*;

(b) Target species and bycatch species are specified by the way of fishstock codes, being Fishstock Codes defined in the Second Schedule of the Fisheries (Reporting) Regulations 1990†; and

(c) Methods are specified by way of method codes, being Method Codes defined in the Second Schedule of the Fisheries (Reporting) Regulations 1990†.

3. Offering a lease of quota in lieu of paying deemed value—(1) Subject to this clause, as from the date this notice comes into effect, any commercial fisherman who but for section 28ZG of the Fisheries Act 1983, could be required under section 28ZD of that Act to pay the deemed value of any fish that is specified as a bycatch species in this notice, may, not later than 15 days after the end of the month in which the fish were taken, by notice in writing, offer the Chief Executive of the Ministry of Fisheries a lease or sub-lease of the right to take fish, under any quota held or leased by that fisher that are specified in the Schedule to this notice as a target species in relation to that bycatch species.

(2) The ratios specified in the Schedule to this notice, are the ratios at which a lease or sublease of quota of the target species may be accepted in relation to the amount of the bycatch species for which the offer of quota is made. (e.g. if a fisher could be required to pay deemed value for 1 tonne of Jdo 1 and wishes to offer a lease of Fla 1 then the amount that can be offered is 1 tonne × 2.00 = 2.00 tonnes of Fla 1).

(3) The bycatch species must have been taken while fishing for the target species using the method or any of the methods specified in the Schedule. (e.g. in the case of the above example, the Jdo 1 bycatch must have been taken using the method of setting or Danish seining).

(4) Any offers that relate to bycatch species as specified in this notice must relate to fishing that has occurred in the months of July, August or September 1999 respectively.

4. Revocation—The Fisheries (Bycatch Trade-off) Notice (No. 2) 1999 (No. F119) appearing in the New Zealand Gazette on 13 May 1999, No. 54, page 1292 is hereby revoked.

Dated this 10th day of August 1999.

P. R. TODD, Policy Manager (acting pursuant to delegated authority).

• S.R. 1986/267.
  † S.R. 1990/214.

Schedule

Quota Management Area 1—Auckland (East)