In the area described in the Schedule under the heading “Area 7—Cook Strait”
, subclause (1) does not apply to fishing vessels that are being used for setting or lifting nets, finfish pots, or rock lobster pots, or for paua, kina, or rock lobster fishing, as long as those activities are carried out—
(a)
during the hours of daylight; and
(b)
without directly or indirectly attaching any of the vessels involved to the seabed, whether by anchoring or by any other means; and
(c)
either—
(i)
within 200 metres of the low-water mark of the North Island, other than the line of low-water mark between the noticeboard placed at a position in latitude 41°17.7471′S, longitude 174°37.1280′E and the noticeboard placed at a position in latitude 41°18.2168′S, longitude 174°37.7936′E; or
(ii)
within 200 metres of the low-water mark of the South Island, other than the line of low-water mark between the noticeboard placed at a position in latitude 41°19.5058′S, longitude 174°12.8337′E and the noticeboard placed at a position in latitude 41°19.8388′S, longitude 174°11.8496′E.