New Zealand Legislation: Regulations

2 Interpretation

• (1) In this notice, unless the context otherwise requires,—

  acoustic seismic survey means a seismic survey carried out using acoustic pressure waves

  acoustic source—

  • (a) means a source of acoustic pressure waves used, or intended to be used, for the purpose of an acoustic seismic survey; and

  • (b) in relation to a source vessel, means an acoustic source on or controlled from the vessel

  activate includes reactivate

  cetacean means an animal that is a whale or dolphin within the meaning of the Marine Mammals Protection Regulations 1992

  during poor visibility means at night, during visibility of 2 km or less, or in wind of Beaufort 4 or stronger

  explosion—

  • (a) means a sudden release of energy (whether chemical or mechanical); but

  • (b) does not include the release of energy by an airgun or boomer

  internal waters has the meaning given by section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977

  low-water line has the meaning given by section 2(1) of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977

  mitigating acoustic device, in relation to an acoustic source, means a low-power source of acoustic pressure waves, with a minimum source level of 160 dB re μPa-m (whether part of or attached to the source, separate from the source, or constituted by the source operating in another mode), intended to be used to deter cetaceans from approaching the source

  passive acoustic monitoring means the use of a towed hydrophone array with a minimum detection range of 1 000 m, coupled with appropriate software, to detect the vocalisations of cetaceans

  qualified observer means an observer trained and experienced in whale and dolphin identification and behaviour, passive acoustic monitoring techniques, and distance estimation

  sanctuary means the place declared by clause 3(2) to be a marine mammal sanctuary

  seismic survey means a survey of the geology of the seabed, the structures beneath it, or both, carried out by projecting pressure waves into the layers beneath the seabed, and detecting and measuring the reflected signals

  soft start, in relation to an acoustic source, means the gradual increase of the source's power over a period of at least 20 minutes and no more than 40 minutes

  source of acoustic pressure waves includes an airgun or boomer

  source vessel—

  • (a) means a vessel on or from which an acoustic source that is being or is to be used to carry out an acoustic seismic survey is or is to be carried or controlled; and

  • (b) in relation to an acoustic seismic survey, means every vessel on or from which an acoustic source that is being or is to be used for carrying out the survey is or is to be carried or controlled

  source vessel observer, in relation to a source vessel, means a qualified observer on board the vessel

  territorial sea has the meaning given by section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977.

  (2) All co-ordinates stated in this notice are expressed in accordance with the World Geodetic System (WGS 84).

  Clause 2: substituted, on 23 October 2008, by clause 4 of the Marine Mammals Protection (Banks Peninsula Sanctuary) Amendment Notice 2008 (SR 2008/332).

  Clause 2(1) flounder area: revoked, on 7 November 2008, by clause 4 of the Marine Mammals Protection (Banks Peninsula Sanctuary) Amendment Notice (No 2) 2008 (SR 2008/429).

  Clause 2(1) flounder net: revoked, on 7 November 2008, by clause 4 of the Marine Mammals Protection (Banks Peninsula Sanctuary) Amendment Notice (No 2) 2008 (SR 2008/429).

  Clause 2(1) set net: revoked, on 7 November 2008, by clause 4 of the Marine Mammals Protection (Banks Peninsula Sanctuary) Amendment Notice (No 2) 2008 (SR 2008/429).