THE WHITEBAIT FISHING (WEST COAST) REGULATIONS 1994
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THOMAS EICHELBAUM, Administrator of the Government
ORDER IN COUNCIL
At Wellington this 26th day of April 1994
Present:
His Excellency the Administrator of the Government in Council


PURSUANT to sections 48 and 48A of the Conservation Act 1987, His
Excellency the Administrator of the Government, acting by and with the
advice and consent of the Executive Council, hereby makes the following
regulations.
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ANALYSIS
1. Title and commencement
2. Interpretation
3. Application

General Restrictions
4. Closed season
5. Closed areas
6. Hours of fishing

Gear and Method Restrictions
7. Whitebait nets
8. Use of screens and diversions
9. Fishing gear
10. Fishing from bridge prohibited
11. Persons to remain in vicinity of net or structure
12. Fishing for whitebait subject to special conditions
13. Fishing up stream from back-pegs or in non-tidal waters prohibited
14. Fishing for whitebait from vessels prohibited

General Provisions
15. Prohibition on possession of whitebait in conjunction with unlawful
net
16. Returning of unlawfully taken fish
17. Dumping of other fish prohibited
18. Rivers, etc., not to be altered
19. Offences
20. Exemptions
21. Whitebait taken for hui or tangi
22. Revocations
Schedules
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REGULATIONS

1. Title and commencement---(1) These regulations may be cited as the
Whitebait Fishing (West Coast) Regulations 1994.

(2) These regulations shall come into force on the 28th day after the
date of their notification in the Gazette.


2. Interpretation---In these regulations, unless the context otherwise
requires,---
``The Act'' means the Conservation Act 1987:
``Back-peg'' means any yellow marker placed by the Director-General
by any river specified in the Third Schedule to these
regulations to indicate the upper limit for whitebait fishing:
``Confluence'' means the place where any river, stream, estuary,
channel, or other water meets any other river, stream, estuary,
channel, or other water having a separate source and a permanent
and visible flow:
``Fishing gear'' includes any net, line, pot, trap, dredge, screen,
apparatus, device, or thing that is used or is capable of being
used for the purposes of taking whitebait; and includes any
licensed structure:
``Licensed structure'' means---
(a) A structure licensed under the Harbours Act 1950, or
approved under section 178 of that Act, and used for the purpose
of taking whitebait:
(b) A structure authorised to be used for the purpose of
taking whitebait pursuant to the Resource Management Act 1991---
(i) By a regional plan or a regional coastal plan; or
(ii) By a resource consent:
``River'', ``stream'', ``estuary'', or ``channel'' means the waters
of the river, stream, estuary, or channel, as the case may be;
and includes all waters that are contained by natural or
artificial banks:
``Screen'' means a flat portable frame covered with a metallic or
fabric gauze material that does not impede the flow of water:
``Tidal portion'' includes all parts of a river, stream, estuary,
channel, or other waters where the water level fluctuates with
the tide.
``Vessel'' means a ship, boat, hovercraft, raft, or vessel of any
other description:
``Warranted officer'' means a person who---
(a) For the time being is so appointed under section 59 of the
Act; and
(b) Is acting on or in respect of any matter or thing arising,
situated, or formerly situated, in the district, area, or areas,
for which the person was appointed:
``Whitebait'' means those fish commonly called whitebait, being---
(a) The young or fry of the following Galaxias species:
(i) Galaxias maculatus (inanga):
(ii) Galaxias brevipinnis (koaro):
(iii) Galaxias argenteus (giant kokopu):
(iv) Galaxias postvectis (short jawed kokopu):
(v) Galaxias fasciatus (banded kokopu):
(b) The young or fry of the fish (commonly known as smelt) of
which the scientific name is Retropinna retropinna:
``Whitebait net'' means any net or part of a net, contrivance,
instrument, or device used or capable of being used to take the
fish commonly known as whitebait.


3. Application---These regulations shall apply to all waters and
places on the West Coast of the South Island from Heaphy Bluff (at
40deg. 59'S and 172deg. 06'E) to Puysegur Point (at 46deg. 09'S and
166deg. 36'E).
SPART : General Restrictions


General Restrictions

4. Closed season---No person shall fish for whitebait in any waters or
places to which these regulations apply during the period commencing on
the 1st day of November in any year and ending with the close of the
14th day of August in the next year or be in possession of any whitebait
taken from any of those waters or places during that period.
SPART : General Restrictions


5. Closed areas---No person shall fish for whitebait in any of the
areas specified in the First Schedule to these regulations or be in
possession of any whitebait or fishing gear in any of those areas.
SPART : General Restrictions


6. Hours of fishing---No person shall fish for whitebait between the
hours of 8 p.m. on any day and 5 a.m. on the next day.
SPART : Gear and Method Restrictions


Gear and Method Restrictions

7. Whitebait nets---(1) No person shall use, set, or possess, in or
adjacent to any river, stream, estuary, or channel, any whitebait net
that---
(a) Has a net mouth in excess of 4.5 m in circumference or perimeter
measured around the inside of the net frame; or
(b) Has an overall length exceeding 3.5 m; or
(c) Has any framing material that exceeds 120 mm in width.

(2) No person shall set or use more than one whitebait net at any
time.
SPART : Gear and Method Restrictions


8. Use of screens and diversions---(1) No person shall---
(a) Place on the side of the net furthest from the water's edge any
screen or other item that may divert whitebait into any net; or
(b) Place any net in such a manner that it may divert whitebait into
any other net; or
(c) Use a screen or screens in fishing for whitebait otherwise than
from the water's edge at the site being fished.

(2) No person shall---
(a) Fish for whitebait within 20 m of any tide gate, flood gate,
confluence, or culvert; or
(b) Use anywhere or have on or adjcent to any net in place in the
water any device, contrivance, wing, or deflector that may be
used to prevent or divert the movement of whitebait up or down
stream, other than a screen that complies with and used in
accordance with these regulations; or
(c) Fish for whitebait within 20 m of any unlawful diversion
constructed by any person from the bank or in the bed of a
river, stream, estuary, or channel whereby whitebait may be
diverted into a net.
SPART : Gear and Method Restrictions


9. Fishing gear---(1) Except as provided in subclause (2) of this
regulation, no person shall set or use any fishing gear that exceeds
more than one-third of the width of the river, stream, estuary, or
channel at that place at that time.

(2) Nothing in subclause (1) of this regulation shall apply in respect
of any licensed structure so long as the other fishing gear used on or
from the structure complies with that subclause.

(3) No person shall set or use any fishing gear that, in conjunction
with any fishing gear set or used by any other person, will exceed more
than one-third of the width of any river, stream, estuary, or channel at
that place at that time.

(4) No person shall set or use any fishing gear (other than a licensed
structure or fishing gear used on a licensed structure) that exceeds 6 m
in overall length.

(5) Every person fishing for whitebait shall remove all fishing gear
(other than a licensed structure) from the water at the cessation of
fishing on that day, or not later than 8 p.m., whichever is the earlier.
SPART : Gear and Method Restrictions


10. Fishing from bridge prohibited---No person shall fish for
whitebait from any bridge.
SPART : Gear and Method Restrictions


11. Persons to remain in vicinity of net or structure---(1) Every
person who sets or uses a whitebait net shall remain within 10 m of any
such net.

(2) Every person who sets or uses a whitebait net from a licensed
structure shall remain within 10 m of that licensed structure.
SPART : Gear and Method Restrictions


12. Fishing for whitebait subject to special conditions---No person
fishing for whitebait from the rivers specified in the Second Schedule
to these regulations shall---
(a) Fish for whitebait from any unlicensed structure; or
(b) Place or use any net on or from any licensed structure unless the
net is placed or used in a straight line, either from the up
stream or down stream edge of the licensed structure; or
(c) Set any screen beyond outer edges of any licensed structure; or
(d) Fish within 40 m of any licensed structure from which any other
person is fishing, whether on the same or opposite bank as that
structure.
SPART : Gear and Method Restrictions


13. Fishing up stream from back-pegs or in non-tidal waters
prohibited---(1) No person shall fish for whitebait at any place up
stream from any back-peg by the side of any river specified in the Third
Schedule to these regulations.

(2) No person shall fish for whitebait outside the tidal portion of
any river, stream, estuary, or channel not specified in the Third
Schedule to these regulations.
SPART : Gear and Method Restrictions


14. Fishing for whitebait from vessels prohibited---No person shall
use any vessel to fish for whitebait.
SPART : General Provisions


General Provisions

15. Prohibition on possession of whitebait in conjunction with
unlawful net---No person shall be in possession of any whitebait
together with any whitebait net that the person is not permitted to set
or use by these regulations, whether or not that net is being used in
fishing.
SPART : General Provisions


16. Returning of unlawfully taken fish---Any person engaged in fishing
for whitebait shall, taking all reasonable care to ensure their
survival, immediately return any fish that are unlawfully taken back
into the waters from which the fish were taken.
SPART : General Provisions


17. Dumping of other fish prohibited---No person shall discard or dump
on shore any fish taken when fishing for whitebait.
SPART : General Provisions


18. Rivers, etc., not to be altered---Nothing in these regulations
shall be construed so as to permit any person fishing for whitebait to
interfere with, alter, or modify the natural bed or banks of any river,
stream, estuary, or channel.
SPART : General Provisions


19. Offences---Every person commits an offence and is liable on
summary conviction to a fine not exceeding $5,000 who---
(a) Contravenes, or fails to comply with, any of regulations 4 to 17
of these regulations; or
(b) Removes any back-peg placed pursuant to these regulations; or
(c) Takes whitebait otherwise than in accordance with any conditions
imposed by the Director-General under regulation 20 (3) of these
regulations; or
(c) Takes whitebait for a hui or tangi---
(i) Without giving the notification required by regulation 21
(b) of these regulations; or
(ii) Otherwise than in accordance with any conditions imposed
by the Director-General under regulation 21 (c) of these
regulations.
SPART : General Provisions


20. Exemptions---(1) Notwithstanding regulations 13 and 14 of these
regulations, any person may fish in any place where fishing would
otherwise be prohibited by regulation 13 of these regulations or fish
from a vessel, if he or she---
(a) Is a disabled person within the meaning of the Disabled Persons
Employment Promotion Act 1960, or suffers from an infirmity or
chronic disability, and is unable to fish at another place or by
any other means; and
(b) Holds a current authorisation issued by the Director-General under
subclause (3) of this regulation.

(2) Notwithstanding any other provision in these regulations, any
person who wishes to take whitebait for the purposes of management,
research, or scientific study or to take whitebait by any particular
method for any such purpose, but is otherwise prevented from doing so by
any provision of these regulations, may take whitebait for any such
purpose or by any such method if he or she holds a current authorisation
issued by the Director-General under subclause (3) of this regulation.

(3) If---
(a) An application for an authorisation referred to in subclause (1)
or subclause (2) of this regulation is in accordance with that
subclause; and
(b) The Director-General is satisfied that the grant of an
authorisation in that case will not adversely affect the overall
conservation and management of the fishery,---

the Director-General shall grant the authorisation; and he or she may
make the authorisation subject to such conditions as he or she considers
necessary for the overall conservation and management of the fishery.

(4) Every authorisation granted under subclause (3) of this regulation
shall have effect according to its tenor and may be amended or revoked,
as the case may require, to reflect changed circumstances.
SPART : General Provisions


21. Whitebait taken for hui or tangi---Nothing in these regulations
imposing any restriction on the taking of whitebait shall apply where---
(a) The whitebait are taken for the purposes of a hui or tangi; and
(b) The intention to take the whitebait has been notified to a
warranted officer by or on behalf of a council or committee
representing any Maori community before the whitebait are taken;
and
(c) The whitebait are taken in accordance with any conditions relating
to the quantity or methods of taking the whitebait, the areas
where the whitebait may be taken, or the persons who may take
the whitebait, being conditions that are imposed by the
Director-General and considered by the Director-General to be
necessary for the overall conservation and management of the
fishery.
SPART : General Provisions


22. Revocations---The following regulations are hereby consequentially
revoked:
(a) The Fisheries (West Coast Whitebait Fishing) Regulations 1985
(S.R. 1985/211):
(b) The Fisheries (West Coast Whitebait Fishing) Regulations 1985,
Amendment No. 1 (S.R. 1989/219):
(c) The Fisheries (West Coast Whitebait Fishing) Regulations 1985,
Amendment No. 2 (S.R. 1991/149).

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SCHEDULES
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FIRST SCHEDULE
Reg. 5
AREAS WHERE WHITEBAIT FISHING PROHIBITED

(a) The area of about 2.428 hectares known as Kongahu Swamp located
north of Granite Creek to the east of the main road to Karamea
township and approximately 6.5 km south of that township:
(b) The Mahinapua Creek to the south side of the Hokitika River and
any tributary of the Mahinapua Creek; including Lake Mahinapua
and any stream running into that lake:
(c) The south bank of the Hokitika River from a point 20 m up stream
of the entrance of Mahinapua Creek to the sea:
(d) Fisherman's Creek that enters the Hokitika River on the South Bank
and any tributary of Fisherman's Creek:
(e) The area known as the Hapuka River (including the south bank of
the Turnbull River) from a point 20 m up stream from the Hapuka
River to the sea:
(f) Any tributary stream of the Waiatoto River and the waters of the
Waiatoto River above the mean high-water mark:
(g) The north bank of the Cascade River between a point 20 m upstream
from Old Man Creek to the sea:
(h) Old Man Creek:
(i) Barn Creek that enters the Cascade River, and any tributary stream
of Barn Creek:
(j) The Awarua River above the Department of Conservation swing
bridge:
(k) All rivers, streams, and tributaries in Fiordland between Yates
Point in the north and Puysegur Point in the south.

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SECOND SCHEDULE
Reg. 12
RIVERS WHERE SPECIAL CONDITIONS APPLY


Orowaiti, Taramakau, Hokitika (proper), Waitaha, Wanganui, Poerua,
Waitangi-Taona, Jacobs, Karangarua, Paringa, Moeraki (Blue), Okuru,
Haast, Turnbull, Waiatoto, Arawhata, Cascade, Awarua, Ohinemaka, and
Hollyford Rivers.

It should be noted that in parts of some of these rivers fishing for
whitebait is totally prohibited. See the First Schedule to these
regulations.

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THIRD SCHEDULE
Regs. 2, 13

RIVERS ON WHICH BACK-PEGS ARE TO BE LOCATED


Awarua, Hollyford, Smoothwater, Cascade, Arawhata, Waiatoto, Okuru,
Turnbull, Haast, Waita, Moeraki, Paringa, Mahitahi, Jacobs, Manakaiaua,
Hunts, Karangarua, Omoeroa, Waitangitaona, Whataroa, Poerua, Wanganui,
Waitaha, Mikonui, Totara, Hokitika, Arahura, Houhou, Waimea, Serpentine,
Taramakau, New River, Grey, Punakaiki, Pororari, Fox, Okari, Nile,
Buller, Orawaiti, Mokihinui, Little Wanganui, Granite Creek, Karamea,
Oparara, Kohaihai, and Heaphy Rivers.



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MARTIN BELL,
Acting for Clerk of the Executive Council.
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EXPLANATORY NOTE


This note is not part of the regulations, but is intended to indicate
their general effect.

These regulations, which come into force 28 days after the date of
their notification in the Gazette, revoke and replace the Fisheries
(West Coast Whitebait Fishing) Regulations 1985.

The principal changes are---
(a) The closed season for whitebaiting commences 1 November and ends
with 14 August in the next year (regulation 4):
(b) The number of whitebait nets permitted to be used from a licensed
structure on any river specified in the Second Schedule is
reduced from 2 to 1 (regulation 7 (3)):
(c) Fishing gear used or set in conjunction with any fishing gear used
or set by any other person must not exceed more than one-third
of the width of the river, stream, estuary, or channel
(regulation 9 (3)):
(d) Fishing gear (other than a licensed structure or fishing gear used
on a licensed structure) must not exceed 6 m in overall length
(regulation 9 (4)):
(e) No person may fish from any bridge (regulation 10):
(f) Back-pegs are to be placed to indicate the upper limits of waters
of rivers listed in the Third Schedule where whitebaiting is
permitted (regulation 13 (1)):
(g) Provision is made to grant limited exemptions to disabled persons
and persons undertaking research (regulation 20).
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Issued under the authority of the Acts and Regulations Publication
Act 1989.


Date of notification in Gazette: 28 April 1994.


These regulations are administered in the Department of
Conservation.



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