NEW ZEALAND GAZETTE, No. 173

10 NOVEMBER 2011

Circular

1. Title—This circular is the Fisheries (Seabird Sustainability Measures—Surface Longlines) Circular 2011.

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

3. Interpretation—In this circular:

   “Act” means the Fisheries Act 1996;

   “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 place;

   “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 place;

   “set”, in relation to a surface longline, means releasing the surface longline into the water;

   “surface longline” means a line to which a hook or hooks (whether baited or not) are attached, and that is:

   (a) suspended by floats; and

   (b) not attached to the sea floor;

   “streamer line” means the type of bird scaring device, also known as a tori line, as described in clause 6 of this circular.

4. Restrictions on use of surface longlines—No commercial fisher may set surface longlines to take fish, aquatic life or seaweed within New Zealand fisheries waters between the hours of 0.5 hours before nautical dawn and 0.5 hours after nautical dusk, unless line weighting is employed in accordance with clause 5 of this circular.

5. Line weighting—(1) For the purposes of clause 4, a metal weight of 45g or more must be attached for every hook deployed.

   (2) The position of the weight must correspond to one of the following:

   (a) Weights less than 60g must be within 1 metre of the hook; or

   (b) weights of 60g–98g must be within 3.5 metres of the hook; or

   (c) weights greater than 98g must be within 4 metres of the hook.

6. Streamer line required if surface longlines used—If a commercial fisher uses a surface longline to take fish, aquatic life or seaweed within the New Zealand Fisheries waters, the commercial fisher must:

   (a) carry a streamer line on board the vessel used by the commercial fisher; and

   (b) use the streamer line in accordance with clause 7; and

   (c) permit inspection of the seabird scaring device on board the vessel used by the commercial fisher at any reasonable time by a fisheries officer or an observer appointed under section 223(2) of the Act.

7. Streamer line specifications—(1) 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 winds;

   (b) The streamer line must be a minimum of 100 metres in length;

   (c) If a streamer line is less than 150 metres in length, a towed object must be attached to the end of the streamer line so that the aerial extent of the line is maintained over the sinking baited hooks;

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

   (e) Streamers must be brightly coloured, and must be spaced at a maximum of 5 metres, commencing not more than 5 metres from the stern of the vessel and extending thereafter along the aerial extent of the line. When a streamer line is 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;

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

   (g) If the streamer line that is in use breaks or is damaged, it must be repaired or replaced so that it meets these specifications before any further hooks enter the water.

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

8. The Schedule—(1) The Schedule provides further guidelines on the design and deployment of streamer lines as seabird scaring devices.

   (2) The Schedule is not part of the specifications.

   (3) If there is any inconsistency between the guidelines in the Schedule and the specifications, the specifications prevail.