26 JUNE 2008 NEW ZEALAND GAZETTE, No. 104

Schedule 1

Restrictions on the Carrying out of Acoustic Seismic Surveys

(1) No person may carry out an acoustic seismic survey from a vessel in the sanctuary unless he or she has, at least one month before doing so:

(a) notified the Head Office of the Department of Conservation in Wellington in writing of his or her intention to carry it out; and

(b) given the director-general a written undertaking, in a form satisfactory to the director-general, to give the director-general, within two months of the completion of the survey, a written report on all interactions between cetaceans and:

(i) the vessel or vessels used; or

(ii) any equipment on or operated from the vessel or vessels used; or

(iii) any person on the vessel or vessels used.

(2) No person may carry out from a vessel in the sanctuary an acoustic seismic survey using vibrations caused by explosions.

(3) No person may cause an acoustic seismic survey to be carried out from a vessel in the sanctuary unless the person ensures that, while the vessel is in the sanctuary for the purpose of carrying out the survey, all the following requirements are complied with on the vessel:

Trained observers

(a) At all times, there must be on board at least two observers trained and experienced in whale and dolphin identification and behaviour, passive acoustic monitoring techniques, and distance estimation.

(b) At all times during daylight hours while the survey is being carried out, at least one qualified observer must maintain a watch for cetaceans.

Pre-start procedures

(c) For at least the 30 minutes before an acoustic source is activated or reactivated during daylight hours, at least one qualified observer must continuously make visual observations all around the vessel and source for the presence of cetaceans:

(i) from the bridge, or preferably an even higher vantage point; and

(ii) using both binoculars and the naked eye.

(d) For at least the 30 minutes before an acoustic source is activated or reactivated during poor visibility, passive acoustic monitoring for the presence of cetaceans must be carried out by at least one qualified observer.

Use of mitigating acoustic sources

(e) While no acoustic source is being used for data acquisition (for example, during manoeuvring of the vessel), a low-level mitigating acoustic source must be running.

Activating acoustic source

(f) No acoustic source may be activated or reactivated if a cow-calf pair of cetaceans can be seen within 1,500m of the vessel or source.

(g) No acoustic source may be activated or reactivated at any time if a cetacean has been seen within 500m of the vessel or source, or detected (at any distance) by passive acoustic monitoring, during the previous 30 minutes.

(h) No acoustic source may be activated or reactivated at any time during poor visibility if, during the previous 24 hours, three or more situations have arisen that either:

(i) required an acoustic source to be turned off under any of paragraphs (l) to (n); or

(ii) but for the fact that no acoustic source was running, would have required an acoustic source to be turned off under any of those paragraphs.

(i) No acoustic source may be activated or reactivated at any time during poor visibility if:

(i) no acoustic source on the vessel has been active during the previous 24 hours; or

(ii) during the previous two hours, cetaceans have been seen from the vessel (or a spotter vessel or aircraft acting on the person’s behalf) within 10,000m of the place where the source is.

(j) An acoustic source must not be activated or reactivated except by gradually increasing power over a period of at least 30 minutes.

(k) While an acoustic source is being activated or reactivated (otherwise than during poor visibility), at least one qualified observer must continuously make visual observations all around the vessel and source for the presence of cetaceans:

(i) from the bridge, or preferably an even higher vantage point; and

(ii) using both binoculars and the naked eye.

Requirements to shut down

(l) If, while an acoustic source is activated, a cow-calf pair of cetaceans is seen to be or come within 1,500m of the vessel or source, the source must immediately be shut down.

(m) If, while an acoustic source is activated, a cetacean is seen to be or come within 500m of the vessel or source, the source must immediately be shut down.

(n) If a cetacean is detected (at any distance from the vessel) by passive acoustic monitoring while an acoustic source is activated during poor visibility, the source must immediately be shut down.

Operations during poor visibility

(o) While an acoustic source is being activated or reactivated during poor visibility, passive acoustic monitoring for the presence of cetaceans must be continuously maintained on the vessel.

(4) Paragraphs (c) and (d) of subclause (3) are cumulative.

(5) Paragraph (e) of subclause (3) does not limit or affect paragraphs (l) to (n) of that subclause.

Schedule 2

Restriction on Mining

(1) No person may carry out mining in the part of the sanctuary subject to mining restrictions unless it is:

(a) mining for petroleum; or

(b) a minimum impact activity.

(2) Subclause (1) does not affect operations carried out under section 57 of the Crown Minerals Act 1991.

Dated at Wellington this 26th day of June 2008.

STEVE CHADWICK, Minister of Conservation.