Pursuant to section 11 of the Fisheries Act 1996, the Minister for Oceans and Fisheries, after complying with sections 11 and 12 of that Act, gives the following Notice.

Notice

1. Title

This Notice is the Fisheries (Conway River to Marfells Beach Shellfish and Seaweed Harvest Closure) Notice 2022.

2. Interpretation

In this Notice:

Shellfish means all species of the phylum Echinodermata and phylum Mollusca, and all species of the class Crustacea at any stage of their life history, whether living or dead, but does not include:

• scampi (Metanephrops challengeri)
• rock lobster (Jasus edwardsii)
• octopus (Pinnoctopus cordiformis)
• kina (Evechinus chloroticus)

Seaweed means all kinds of algae and sea-grasses that grow in New Zealand fisheries waters at any stage of their life history, whether living or dead.

Pāua means blackfoot pāua (Haliotis iris) and yellowfoot pāua (Haliotis australis).

Conway River to Marfells Beach Area means waters within the following lines:

1. from the starting point on Marfells Beach at 41° 43.655′ S and 174° 12.645′ E; then
2. by a straight line for approximately 4 nautical miles in a generally north-north easterly direction to a seaward point at 41° 39.474′ S and 174° 14.876′ E; then
3. proceeding in a generally easterly then southerly direction by a line, each point of which is 4 nautical miles from the mean high-water mark of the South Island to a seaward point at 42° 38.153′ S and 173° 33.378′ E; then
4. by a straight line in a generally west-north westerly direction to a point at 42° 36.885′ S and 173° 28.113′ E (a point on land at the Conway River); then
5. by a line in a generally north easterly direction along the mean high-water mark to the starting point.

3. Commencement

This Notice comes into force on 5 January 2023 at 12.01am.

4. Conway River to Marfells Beach Area closed for the taking of shellfish (excluding scampi, rock lobster, octopus, and kina) and seaweed

A person must not take shellfish (excluding scampi, rock lobster, octopus, and kina) or seaweed from the Conway River to Marfells Beach Area while this Notice is in force, unless clause 5 applies.

5. Conway River to Marfells Beach Area open for the taking of pāua

A person (excluding a commercial fisher) may take pāua from the Conway River to Marfells Beach Area during the period from 15 April 2023 (beginning at 12.01am) to 15 June 2023 (ending at 11.59pm).

A commercial fisher may take pāua from the Conway River to Marfells Beach Area.

Despite this, taking pāua will continue to be prohibited within the following four customary management areas as declared by the Kaikoura (Te Tai o Marokura) Marine Management Act 2014:

• Mangamaunu Mātaitai Reserve
• Oaro Mātaitai Reserve
• Te Waha o te Marangai Mātaitai Reserve
• Te Taumanu o Te Waka a Māui Taiāpure

6. Penalty

Under section 228 of the Fisheries Act 1996, every person commits an offence and is liable to a fine not exceeding $100,000 (as set out in section 252(5) of that Act) who contravenes, or fails to comply with, any sustainability measure implemented by Notice in the New Zealand Gazette under section 11(4)(b)(i).

7. Customary Fishing

This notice does not restrict the taking of fish, aquatic life or seaweed taken in accordance with regulations 50–52 of the Fisheries (Amateur Fishing) Regulations 2013 or the Fisheries (South Island Customary Fishing) Regulations 1998.

8. Revocation

The Fisheries (Conway River to Marfells Beach Shellfish and Seaweed Harvest Closure) Notice 2021 New Zealand Gazette, 29 October 2021, Notice No. 2021-go4676 (Notice No. MPI 1394) is revoked.

Dated at Wellington this 14th day of December 2022.

Hon DAVID PARKER, Minister for Oceans and Fisheries.