(1) This notice may be cited as the Fisheries (Dunedin Commercial Fishing Restrictions) Notice 1983.

(2) This notice shall come into force on the 1st day of January 1984.

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

(2) Words and expressions in this notice which are defined in the Fisheries Act 1983 shall, unless the context otherwise requires, have the meanings so defined.

(1) It shall be lawful to fish for rock lobsters, the tails of which are less than 152 mm but greater than 127 mm in length, in that part of the sea lying between a straight line between the Waitaki River South Head Aero Beacon (at 44° 56′ 7″ S and 171° 08′ E) on a true compass bearing of 135°, and a straight line from Nugget Point Light House (at 46° 27′ S and 169° 49′ E) on a true compass bearing of 135°, and within the New Zealand fisheries waters (the area commonly known as the Otago concession area).

(2) No person shall take from that part of the sea described in subclause (1) of this clause any rock lobster the tail of which is less than 152 mm in length, unless the rock lobster is taken during the period commencing with the 21st day of June in any year and ending with the 19th day of December in that year and its tail is not less than 127 mm in length.

(3) Without limiting the provisions of subclause (2) of this clause, no person operating from a fishing vessel shall take from that part of the sea described in subclause (1) of this clause any rock lobster the tail of which is less than 152 mm in length unless the following conditions are satisfied:

• (a) a fishing permit authorising the taking of rock lobsters is in force in respect of the fishing vessel:

• (b) the fishing vessel is registered at Dunedin and domiciled at a port or place lying between the Waitaki River South Head Aero Beacon (at 44° 56′ 7″ S and 171° 08′ E) and Nugget Point Lighthouse (at 46° 27′ S and 169° 49′ E):

• (c) all rock lobsters with tails less than 152 mm in length are landed at the said port or place of domicile.

(4) No person shall have in possession on board any fishing vessel, or use any rock lobster pot, within the waters described in subclause (1) of this clause, which does not have at least one aperture incorporated in any part of the pot except the bottom, of a size not less than 38 mm in height and 152 mm in width; but nothing in this subclause shall restrict the use of a rock lobster pot which has spot welded square or rectangular mesh having spaces not less than 38 mm in length and 152 mm in width.

No person shall fish for any rock lobster during the period commencing with the 1st day of June in any year and ending with the 19th day of December in the same year from any waters within the New Zealand fisheries waters between a straight line from Nugget Point Light House (at 46° 27′ S and 169° 49′ E) on a true compass bearing of 135° and a straight line from Long Point (at 46° 34′ 08″ S and 169° 34′ 8″ E) on a true compass bearing of 135°.

(1) It shall be lawful to tail at sea in the uncooked state any rock lobster taken from the waters of the sea adjacent to the coast of the South Island (including Stewart Island) which lie within 12 nautical miles of mean high-water mark of each part of the mainland, islands, and rocks which lie between a true compass bearing of 135° from Long Point (at 46° 34′ 8″ S and 169° 34′ 8″ E) and a true compass bearing of 315° from the south of Bruce Bay (Heretanewha Point) (at 43° 34.5′ S and 169° 34.7′ E)—

• (a) by any fishing vessel with the port of registry as Bluff; or

• (b) by any fishing vessel with port of registry as Dunedin or Greymouth or Westport, if the master or person in charge, before leaving the port at which the vessel is registered to fish for rock lobsters in the above waters has notified the local fishery officer at the port of registry, of his intention to fish for rock lobsters in those waters, and notifies a fishery officer immediately after the return of the vessel to the port of registry that the vessel has been engaged in fishing for rock lobsters in those waters.

(2) No person shall land from any vessel the tail of any rock lobster unless the tail is 152 mm or more in length.

(3) No person shall land any rock lobsters taken from the waters lying within 12 nautical miles of mean high-water mark of the coast of the South Island lying between Long Point (at 46° 34′ 8″ S and 169° 34′ 8″ E) and Heretanewha Point at Bruce Bay (at 43° 34.5′ S and 169° 34.7′ E) by a registered fishing vessel to which subclause (1)(b) of this clause applies, except at the port or place of domicile of the vessel or at any port or place lying between Puysegur Point (at 46° 09.5′ S and 166° 36.6′ E) and Bruce Bay (at 43° 34.5′ S and 169° 34.7′ E).

(4) After notifying the fishery officer as required by subclause (1)(b) of this clause, the master or person in charge of the fishing vessel shall not fish for rock lobsters from that vessel in any other waters until he has notified the Director-General of Agriculture and Fisheries or a fishery officer of the port or place at which the vessel is domiciled of his return to the port or place.

(5) After notifying a fishery officer as required by subclause (1)(b) of this clause, the master or person in charge of the vessel shall ensure that the tails of rock lobsters taken by the vessel are at no time aboard the vessel in waters other than those specified in this subclause except while in transit between the place at which the rock lobsters were taken and the port or place of the vessel's domicile at Dunedin, Greymouth, or Westport, as the case may be.

In respect of rock lobsters (not being packhorse rock lobsters) taken in accordance with clause 3(1) of this notice from the Otago concession area—

• (a) rock lobster tailing and processing shall be carried out in an authorised fish packing house:

• (b) rock lobsters or rock lobster tails authorised for export shall be packed in an authorised fish packing house and the containers containing rock lobster or rock lobster tails, the tail of which is less than 152 mm but greater than 127 mm in length, shall be sealed under the direction of a Fishery Officer, if he is satisfied that the conditions of catching and processing have been complied with:

• (c) prior to the removal of any container containing rock lobster or rock lobster tails of the size referred to in (b) above from the authorised fish packing house, the exporter of those rock lobster or rock lobster tails shall, in writing, give the Regional Fishery Officer, Ministry of Agriculture and Fisheries, Dunedin, full particulars relating to the transport and storage of the lobster or lobster tails between the authorised fish packing house and the ship or aircraft on which they are exported from New Zealand:

• (d) rock lobsters for export shall, to the satisfaction of a Fishery Officer, be alive immediately before tailing or processing is commenced in an authorised fish packing house:

• (e) rock lobster or rock lobster tails for sale in New Zealand shall be packed into consumer packs in an authorised fish packing house.

No person shall take any fish by any fishing method in Milford Sound, being the waters of Milford Sound and all those waters in the vicinity of Milford Sound inside a straight line drawn from St Anne's Point (at 44° 34.45′ S and 167° 47.1′ E) to Stripe Point (at 44° 32.37′ S and 167° 48.8′ E).

No person shall take any fish or aquatic life within 12 nautical miles of mean low-water mark of each island and rock of the Auckland Islands.

No person shall dredge for oysters in the following areas:

• (a) those waters of the Ministry of Agriculture and Fisheries research area which lie inside a line drawn from North Head on Ruapuke Island (at 46° 44.3′ S and 168° 31.9′ E) to Seal Rock (at 46° 45.2′ S and 168° 35.7′ E); thence by straight line to the western most point of Green Island (at 46° 46.2′ S and 168° 34.1′ E); thence by straight line to West Point on Ruapuke Island (at 46° 46.4′ S and 168° 32.8′ E); thence by mean high-water mark to the point of commencement:

• (b) those waters of Patersons Inlet lying inside a straight line drawn from Ackers Point (at 46° 53.8′ S and 168° 09.8′ E) to Sprat Point on Bench Island (at 46° 54.2′ S and 168° 14.4′ E); thence by mean high-water mark to the southwestern most point on Bench Island (at 46° 54.9′ S and 168° 13.9′ E); thence by straight line to East Cape on Stewart Island (at 47° 0.9′ S and 168° 13.8′ E); thence by mean high-water mark to the point of commencement:

• (c) those waters of Port William lying inside a straight line drawn from West Head (at 46° 50.4′ S and 168° 05.6′ E) to Bob's Point on Stewart Island (at 46° 51.4′ S and 168° 07.7′ E).

No person shall take, have on board or land from any fishing vessel, any oyster from the waters of the Foveaux Strait Dredge Oyster Fishery during the closed season. For the purposes of this clause closed season means the months of October, November, December, January, February, and September in any fishing year.

(1) There shall be a seasonal quota of 115 000 sacks of oysters to be taken from the Foveaux Strait Dredge Oyster Fishery in any fishing year.

(2) There shall be an individual seasonal fishing vessel quota of 5 000 sacks of oysters to be taken from the Foveaux Strait Dredge Oyster Fishery in the open season of any fishing year.

(3) There shall be a maximum daily fishing vessel quota of 100 sacks of oysters to be taken from the Foveaux Strait Dredge Oyster Fishery on any day during the open season.

(4) For the purposes of this clause, a sack of oysters shall not exceed a maximum weight of 79 kg, sack inclusive.

(5) All oysters found on board or landed from any fishing vessel shall be counted as part of that fishing vessel's daily quota.

No person shall dredge for oysters in the Foveaux Strait Dredge Oyster Fishery within the hours between sunset and sunrise on the following day.

No person shall take, possess, convey, or land from any fishing vessel any oyster which will pass through a rigid circular metal ring having a clear inside diameter of 58 mm.

(1) No fishing vessel shall have on board, or use, any dredge which contains any bit or bar which exceeds 3.35 m in length.

(2) No fishing vessel shall carry or use more than 2 dredges at any one time.

(3) No dredge shall be carried on board any fishing vessel during the closed season of the Foveaux Strait Dredge Oyster Fishery without prior approval of a Fishery Officer.

(1) The culching of oysters must be done at sea in the area from whence the oysters were taken.

(2) All oysters which are less than the 58 mm limit, measured in accordance with the provisions of clause 13 of this notice are to be returned to the sea as soon as practicable.

(1) No person shall open any oyster seaward of mean high-water mark.

(2) Every oyster shall remain unopened until delivered to a processing factory or any other premises where such oysters are intended for processing, for sale, or for consumption.

(3) No person shall have on board or land from any fishing vessel any oyster which cannot be measured in accordance with this notice.

(1) All oysters landed from an registered fishing vessel shall be contained in sacks or other containers which are externally and legibly labelled. The labels must show the name and registered number of the fishing vessel from which they were caught, the date on which they were caught, and the signature of the Master of the vessel.

(2) In respect of any sack or container required to be labelled pursuant to subclause (1) of this clause, no person shall—

• (a) possess, convey, or cause to be conveyed, any unlabelled or incorrectly labelled sack or container; or

• (b) receive or accept at any premises any unlabelled or incorrectly labelled sack or container; or

• (c) remove any label from the sack or container before the processing of the shellfish is commenced at any processing premises.