2120 NEW ZEALAND GAZETTE, No. 76 1 JULY 2010

Notice

1. Title—This notice is the Fisheries (Revocation of Seabird Sustainability Measures—Bottom Longlines) Notice 2010.

2. Commencement—This notice comes into force the day after its notification in the New Zealand Gazette.

3. Revocation—The Fisheries (Seabird Sustainability Measures—Bottom Longlines) Notice (No. 2) 2008 (No. F441)* is revoked.

Dated at Wellington this 3rd day of June 2010.

HON PHIL HEATLEY, Minister of Fisheries and Aquaculture.

New Zealand Gazette, 3 April 2008, No. 69, page 1909

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Fisheries (Commercial Fishing) Regulations 2001

Fisheries (Seabird Sustainability Measures—Bottom Longlines) Circular 2010 (No. F541)

Pursuant to Regulation 58A of the Fisheries (Commercial Fishing) Regulations 2001, the Chief Executive of the Ministry of Fisheries issues the following circular.

Circular

1. Title—This circular is the Fisheries (Seabird Sustainability Measures—Bottom Longlines) Circular 2010.

2. Commencement—This circular comes into force on 2 July 2010.

3. Interpretation—In this circular, unless the context otherwise requires:

“Act” means the Fisheries Act 1996.

“aerial extent” means the section of the streamer line backbone running from the vessel stern, to where the backbone of the streamer line enters the water.

“bottom longline” means a line to which 7 or more hooks (whether baited or not) are attached, and is sunk using weights.

“hauling” means the period from when line retrieval commences to when all of the hooks are onboard.

“nautical dawn” means the time at sunrise when the centre of the sun is at a depression angle of 12 degrees below the ideal horizon for the location of fishing.

“nautical dusk” means the time at sunset when the centre of the sun is at a depression angle of 12 degrees below the ideal horizon for the location of fishing.

“offal” means solid fish parts, including heads, guts, frames, tails, tentacles and fish trimmings, or parts thereof including minced parts.

“set”, in relation to a bottom longline, means releasing the bottom longline into the water.

4. Streamer line required—A commercial fisher using bottom longlines as a method of fishing from a vessel 7 metres or greater in overall length must:

(a) carry a streamer line on board the vessel; and

(b) permit inspection of the streamer line at any reasonable time by a fisheries officer or an observer appointed under section 223(2) of the Act.

5. Use of streamer line required during setting of bottom longlines—A streamer line must be used on vessels 7 metres or greater in overall length during the setting of bottom longlines, in accordance with clause 6 of this circular.

6. Streamer line specifications—(1) For vessels over 20 metres in overall length, the streamer line must meet the following specifications:

(a) The streamer line must be attached to the vessel so that when deployed the baits are protected by the streamer line, even in cross wind;

(b) the streamer line must be a minimum of 150 metres in length;

(c) the streamer line must achieve a minimum aerial extent of 50 metres;

(d) streamers must be brightly coloured;

(e) streamers must be spaced at a maximum of 5 metres apart, beginning not more than 5 metres from the stern of the vessel and extending along the full aerial extent of the line;

(f) when deployed, each of the streamers must reach the sea surface in the absence of wind and swell. Streamer length will therefore vary depending on the height of their attachment point above the water; and

(g) the streamer line must be suspended from a point on the vessel at least 5 metres above the water in the absence of swell.

(2) For vessels 7 metres–20 metres in overall length the streamer line must meet the following specifications:

(a) The streamer line must achieve a minimum aerial extent of 50 metres;

(b) streamers must be brightly coloured;

(c) streamers must be spaced at a maximum of 5 metres apart, beginning not more than 5 metres from the stern of the vessel and extending along the full aerial extent of the line;

(d) when deployed, each of the streamers must reach the sea surface in the absence of wind and swell. Streamer length will therefore vary depending on the height of their attachment point above the water; and

(e) the streamer line must be suspended from a point on the vessel at least 5 metres above the water in the absence of swell.

(3) The specifications in subclauses (1) and (2) do not apply to additional or secondary seabird scaring devices fishers may choose to use (such as a second tori or streamer line).