Marine Mammals Protection (Banks Peninsula Sanctuary) Notice 1988

Reprint
as at 7 November 2008

Coat of Arms of New Zealand

Marine Mammals Protection (Banks Peninsula Sanctuary) Notice 1988

(SR 1988/333)


Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

This notice is administered by the Department of Conservation.


Pursuant to section 22 of the Marine Mammals Protection Act 1978, the Minister of Conservation hereby gives the following notice; and the Minister of Energy, the Minister of Fisheries, and the Minister of Transport hereby notify their respective consents to the declaration contained in clause 3(2).

Notice

1 Title and commencement
  • (1) This notice may be cited as the Marine Mammals Protection (Banks Peninsula Sanctuary) Notice 1988.

    (2) This notice shall come into force on the day after the date of its notification in the Gazette.

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).

3 Definition and declaration of marine mammal sanctuary
  • (1) There is hereby defined the place described in Schedule 1.

    (2) The sanctuary is hereby declared to be a marine mammal sanctuary, to be called the Banks Peninsula Marine Mammal Sanctuary.

    (3) A map of the sanctuary is set out in Schedule 1A.

    (4) The map set out in Schedule 1A is indicative only, and if there is a conflict between it (or the map of the sanctuary available for inspection on the Internet site of the Department of Conservation) and the verbal description in Schedule 1, the verbal description prevails.

    Clause 3(1): amended, on 23 October 2008, by clause 5(1) of the Marine Mammals Protection (Banks Peninsula Sanctuary) Amendment Notice 2008 (SR 2008/332).

    Clause 3(1): amended, on 5 April 1990, by regulation 4(2)(a) of the Marine Mammals Protection (Banks Peninsula Sanctuary) Notice 1988, Amendment No 2 (SR 1990/44).

    Clause 3(2): amended, on 23 October 2008, by clause 5(2) of the Marine Mammals Protection (Banks Peninsula Sanctuary) Amendment Notice 2008 (SR 2008/332).

    Clause 3(3): added, on 23 October 2008, by clause 5(3) of the Marine Mammals Protection (Banks Peninsula Sanctuary) Amendment Notice 2008 (SR 2008/332).

    Clause 3(4): added, on 23 October 2008, by clause 5(3) of the Marine Mammals Protection (Banks Peninsula Sanctuary) Amendment Notice 2008 (SR 2008/332).

4 Prohibited activities
  • [Revoked]

    Clause 4: revoked, on 7 November 2008, by clause 5(1) of the Marine Mammals Protection (Banks Peninsula Sanctuary) Amendment Notice (No 2) 2008 (SR 2008/429).

5 Permitted activities
  • [Revoked]

    Clause 5: revoked, on 7 November 2008, by clause 5(1) of the Marine Mammals Protection (Banks Peninsula Sanctuary) Amendment Notice (No 2) 2008 (SR 2008/429).

6 Restrictions on use of set nets
  • [Revoked]

    Clause 6: revoked, on 7 November 2008, by clause 5(1) of the Marine Mammals Protection (Banks Peninsula Sanctuary) Amendment Notice (No 2) 2008 (SR 2008/429).

7 Restrictions on seismic surveying
  • (1) No person may carry out a seismic survey from a vessel in the sanctuary unless he or she has, at least 1 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 2 months of the completion of the survey, a written report on all interactions between cetaceans and—

      • (i) the source vessel or vessels used; or

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

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

    (2) No person may carry out on or from a source vessel in the sanctuary a seismic survey using explosions as an acoustic source.

    (3) No person may cause an acoustic seismic survey to be carried out in the sanctuary using an acoustic source that is on or controlled from a source vessel 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 (or, as the case may be, in relation to) the vessel:

    • Qualified observers
    • (a) at all times,—

      • (i) there must be 1 qualified observer on board the source vessel; and

      • (ii) there must be on board either the source vessel or a support or scouting vessel escorting it at least 1 further qualified observer in addition to the observer required by subparagraph (i):

    • (b) at all times while the acoustic source is operating otherwise than during poor visibility, a source vessel observer must maintain a watch for cetaceans:

    • (c) at all times while the acoustic source is operating during poor visibility, a source vessel observer must conduct passive acoustic monitoring:

    • Possible sightings of cetaceans to be reported to qualified observer
    • (d) if a person on the source vessel or a support or scouting vessel escorting it who is not a qualified observer sees or detects within 1 000 m of the source vessel anything that in his or her opinion may be a cetacean (or 2 or more cetaceans), he or she must promptly report the sighting or detection to a qualified observer, and the observer must try to identify what was seen or detected:

    • Pre-start procedures
    • (e) an acoustic source must not be activated unless—

      • (i) a source vessel observer has continuously made visual observations all around the source vessel and source for the presence of cetaceans, from the bridge (or preferably an even higher vantage point) of the vessel, using both marine binoculars (for range estimation) and the naked eye,—

        • (A) if the water beneath the source when it is activated is less than 200 m deep, for at least the 30 minutes before the source is activated:

        • (B) if the water beneath the source when it is activated is 200 m deep or deeper, for at least the 60 minutes before the source is activated; or

      • (ii) the source is being reactivated, and a mitigating acoustic source has been running continuously (but for no more than 30 minutes) since the source was last shut down:

    • (f) an acoustic source must not be activated during poor visibility unless—

      • (i) passive acoustic monitoring for the presence of cetaceans has been carried out by a source vessel observer for at least the 30 minutes before the source is activated; or

      • (ii) the source is being reactivated, and a mitigating acoustic source has been running continuously (but for no more than 30 minutes) since the source was last shut down:

    • General restrictions on activating acoustic source
    • (g) an acoustic source must not be activated at any time except by soft start, unless the source is being reactivated after being shut down less than 5 minutes before that time:

    • (h) an acoustic source must not be activated at any time if, during the previous 30 minutes, a qualified observer has seen a cow-calf pair of cetaceans within 1 000 m of the vessel or source:

    • (i) an acoustic source must not be activated at any time if, during the previous 30 minutes, a qualified observer—

      • (i) has seen a cetacean within 500 m of the vessel or source; or

      • (ii) has detected a cetacean (at any distance) by passive acoustic monitoring:

    • (j) an acoustic source must not be activated (otherwise than during poor visibility) unless, while it is being activated, a source vessel observer continuously makes visual observations all around the source vessel and source for the presence of cetaceans—

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

      • (ii) using both marine binoculars (for range estimation) and the naked eye:

    • Restrictions on activating acoustic source during poor visibility
    • (k) an acoustic source must not be activated at any time during poor visibility if, during the previous 24 hours, 3 or more situations have arisen that—

      • (i) required the source to be shut down under any of paragraphs (n) to (p) or (r) to (t); or

      • (ii) but for the fact that it was not running, would have required the source to be shut down under any of those paragraphs:

    • (l) an acoustic source must not be activated at any time during poor visibility if—

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

      • (ii) during the previous 2 hours, a qualified observer has, from the source vessel or a support or scouting vessel escorting it, seen a cetacean within 1 000 m of the place where the source is; or

      • (iii) during the previous 2 hours, a qualified observer has, from the source vessel or a support or scouting vessel escorting it, detected a cetacean (at any distance) by passive acoustic monitoring:

    • (m) an acoustic source must not be activated during poor visibility, unless passive acoustic monitoring is being continuously maintained on the source vessel:

    • Requirements to cease activation
    • (n) if, while an acoustic source is being activated, a qualified observer sees a cow-calf pair of cetaceans within 1 000 m of the source vessel or source, activation of the source must cease, and the source must be shut down and not reactivated unless—

      • (i) a qualified observer has seen the pair move to a point that is more than 1 000 m from both the vessel and the source, and no qualified observer has seen them within 1 000 m of the source vessel or source again during the 30 minutes after they were seen to move to that point; or

      • (ii) despite continuous observation, a source vessel observer has not seen them at all during the 30 minutes after they were last seen within 1 000 m of the source vessel or source by a qualified observer:

    • (o) if, while an acoustic source is being activated, a qualified observer sees a cetacean within 500 m of the source vessel or source, activation of the source must cease, and the source must be shut down and not reactivated unless—

      • (i) a qualified observer has seen the cetacean move to a point that is more than 500 m from both the vessel and the source, and no qualified observer has seen it within 500 m of the source vessel or source again during the 30 minutes after it was seen to move to that point; or

      • (ii) despite continuous observation, a source vessel observer has not seen it at all during the 30 minutes after it was last seen within 500 m of the source vessel or source by a qualified observer:

    • (p) if, while an acoustic source is being activated during poor visibility, a qualified observer detects a cetacean (at any distance) by passive acoustic monitoring,—

      • (i) activation of the source must cease, and the source must be shut down; and

      • (ii) activation must not recommence until at least 30 minutes after a qualified observer last detected a cetacean (at any distance) by passive acoustic monitoring:

    • (q) an acoustic source shut down under any of paragraphs (n) to (p) or (r) to (t) must not be reactivated except by soft start, whether or not—

      • (i) a mitigating acoustic device has been running before activation begins; or

      • (ii) the source is being reactivated after being shut down for less than 5 minutes:

    • Requirements to shut down
    • (r) if, while an acoustic source is activated, a qualified observer sees a cow-calf pair of cetaceans within 1 000 m of the source vessel or source, the source must immediately be shut down, and must not be reactivated unless—

      • (i) a qualified observer has seen the pair move to a point that is more than 1 000 m from both the vessel and the source, and no qualified observer has seen them within 1 000 m of the source vessel or source again during the 30 minutes after they were seen to move to that point; or

      • (ii) despite continuous observation, a source vessel observer has not seen them at all during the 30 minutes after they were last seen within 1 000 m of the source vessel or source by a qualified observer:

    • (s) if, while an acoustic source is activated, a qualified observer sees a cetacean within 500 m of the source vessel or source, the source must immediately be shut down, and must not be reactivated unless—

      • (i) a qualified observer has seen the cetacean move to a point that is more than 500 m from both the vessel and the source, and no qualified observer has seen it within 500 m of the source vessel or source again during the 30 minutes after it was seen to move to that point; or

      • (ii) despite continuous observation, a source vessel observer has not seen it at all during the 30 minutes after it was last seen within 500 m of the source vessel or source by a qualified observer:

    • (t) if, while an acoustic source is activated during poor visibility, a qualified observer detects a cetacean (at any distance) by passive acoustic monitoring,—

      • (i) activation of the source must cease, and the source must be shut down; and

      • (ii) activation must not recommence until at least 30 minutes after a qualified observer last detected a cetacean (at any distance) by passive acoustic monitoring:

    • Use of mitigating acoustic devices
    • (u) a mitigating acoustic device must not be run except when no acoustic source is being used for data acquisition (for example, during manoeuvring of the source vessel concerned):

    • (v) a mitigating acoustic device—

      • (i) must not be run for a continuous period of more than 30 minutes; and

      • (ii) must not be activated until at least 30 minutes after it was last shut down:

    • (w) while a mitigating acoustic device is running, a source vessel observer must continuously make visual observations all around the source vessel and source for the presence of cetaceans.

    (4) Paragraphs (e) and (f) of subclause (3) are cumulative.

    (5) Paragraphs (n) to (t) of subclause (3) do not limit or affect paragraphs (g) to (m) of that subclause.

    (6) Paragraph (q) of subclause (3) overrides paragraph (g) of that subclause.

    Clause 7: added, on 23 October 2008, by clause 6 of the Marine Mammals Protection (Banks Peninsula Sanctuary) Amendment Notice 2008 (SR 2008/332).


Schedule 1
Banks Peninsula Marine Mammal Sanctuary

cl 3(1)

  • Schedule 1: substituted, on 23 October 2008, by clause 7 of the Marine Mammals Protection (Banks Peninsula Sanctuary) Amendment Notice 2008 (SR 2008/332).

All the areas of the sea enclosed—

  • (a) on the landward side by the line of mean high-water springs extending alongshore in a north–south direction from the northern bank of the mouth of the Waipara River (at approximately 43°09.43ʹS and 172°47.67ʹE), to the southern bank of the mouth of the Rakaia River (at approximately 43°54.22ʹS and 172°11.69ʹE); and

  • (b) on the seaward side by a line on a bearing of 122° to a point where it intersects with the outer limit of the territorial sea from the northern bank of the mouth of the Waipara River (at approximately 43°09.43ʹS and 172°47.67ʹE), thence by a line on a bearing of 155° to a point where it intersects with the outer limit of the territorial sea from the southern bank of the mouth of the Rakaia River (at approximately 43°54.22ʹS and 172°11.69ʹE), and thence by a line joining the above-mentioned seaward points corresponding with the outer limits of the territorial sea—

including all the areas of the sea contained in the internal waters (other than lagoons and Lake Ellesmere) within the north–south extent of the sanctuary between the northern bank of the mouth of the Waipara River (at approximately 43°09.43ʹS and 172°47.67ʹE), to the southern bank of the mouth of the Rakaia River (at approximately 43°54.22ʹS and 172°11.69ʹE).

Schedule 1A
Map of sanctuary

cl 3(3)

  • Schedule 1A: inserted, on 23 October 2008, by clause 8 of the Marine Mammals Protection (Banks Peninsula Sanctuary) Amendment Notice 2008 (SR 2008/332).

.

Schedule 2
Flounder area

cl 4(1)

[Revoked]

  • Schedule 2: revoked, on 7 November 2008, by clause 5(2) of the Marine Mammals Protection (Banks Peninsula Sanctuary) Amendment Notice (No 2) 2008 (SR 2008/429).

Dated at Wellington this 19th day of December 1988.

Helen Clark, Minister of Conservation.
David Butcher, Minister of Energy.
Colin Moyle, Minister of Fisheries.
W P Jeffries, Minister of Transport.


Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 21 December 1988.


Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)


Notes
1 General
  • This is a reprint of the Marine Mammals Protection (Banks Peninsula Sanctuary) Notice 1988. The reprint incorporates all the amendments to the notice as at 7 November 2008, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that contain transitional, savings, or application provisions that cannot be compiled in the reprint are also included, after the principal enactment, in chronological order. For more information, see http://www.pco.parliament.govt.nz/reprints/ .

2 Status of reprints
  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared
  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • omission of unnecessary referential words (such as of this section and of this Act)

    • typeface and type size (Times Roman, generally in 11.5 point)

    • layout of provisions, including:

      • indentation

      • position of section headings (eg, the number and heading now appear above the section)

    • format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • format of dates (eg, a date formerly expressed as the 1st day of January 1999 is now expressed as 1 January 1999)

    • position of the date of assent (it now appears on the front page of each Act)

    • punctuation (eg, colons are not used after definitions)

    • Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • case and appearance of letters and words, including:

      • format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • small capital letters in section and subsection references are now capital letters

    • schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • running heads (the information that appears at the top of each page)

    • format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)