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August 20, 2019

TRM inmates’ fishy questions answered by DOC…

TRM’s request to DOC (Department of Conservation are the Taupo Fishery Managers).

Can you provide answers to questions I have been asked recently – all by tourist anglers (Australian) which we could not answer:

For future reference- Anglers Notice for Taupō District 2017- https://gazette.govt.nz/assets/pdf-cache/2017/2017-go2571.pdf?2017-05-25%2010:00:20

1                        Are soft baits legal – like those used for fly fishing in salt water – for wet lining on the Tongariro River?

Soft baits with any chemical attractant or scent added are illegal. Other soft baits, made of silicon or rubber similar to existing fly patterns such as silicon smelt, could be legal for use in Taupo Fishing District, including fly fishing only waters, so long as they are in accordance with the following regulations;

1. Interpretation—(1) Words and expressions in this notice which are defined in the Conservation Act 1987, the Taupō Fishery Regulations 2004 or the Taupō District Trout Fishery Licences Fees and Forms Notice 2011 shall be so defined. (2) In this notice, unless the context otherwise requires:

bait means natural bait, including any insect or spider, worm, crustacean, shellfish, fish or fish ova, bread or cheese, or any scented lure, soft bait or other artificial lure with chemical attractant properties.

3. Authorised tackle—(1) No person may use bait when fishing for trout in the Taupō District.

s3. Authorised tackle—(1) No person may use bait when fishing for trout in the Taupō District.

A lure when used in fly-fishing water only would need to also meet the definition of an artificial fly-

S3(2) artificial fly includes any lure of feather, fur, wool, or other material used in the making of artificial flies.

And also to be compliant with-

S3(4) No person fishing for trout in waters reserved for fly fishing (as set out in the Schedule) shall add to or attach to any fly line, leader, or fly: a. any bare hook, spinner or bait; b. anything made from lead, glass, plastic, or other material to facilitate casting or to increase the buoyancy of the line; or c. any sinker or other weight

If in doubt we encourage anglers to contact us and provide details with regards to the lure or soft bait in question, and Taupo Fishery will provide guidance on a case by case basis.

2              Can anglers use a gaff to land trout when fishing off a steep bank which is too steep and difficult for the usual landing net?

3. Authorised tackle— (3) No person when fishing for trout shall:….; b. use a gaff to secure or land a trout;

3              Can you provide a breakdown of what happens to licence fees – i.e. how much does DOC keep, how much does Tuwharetoa get, how many free licences, etc.

The deed between the Crown and the Tuwharetoa Maori Trust Board enacted in 2007 describes the payment, by the Crown, of $1.5m per annum to the Tuwharetoa Maori Trust Board. The deed also describes what that payment provides for.

https://www.tuwharetoa.co.nz/wp-content/uploads/2017/10/2007-Deed.pdf

the Maori Land Amendment and Maori Land Claims Adjustment Act 1926 describes the number of Taupo Fishery licences that are provided to the Tuwharetoa Maori Trust Board-

http://www.legislation.govt.nz/act/public/1926/0064/latest/DLM5389702.html

S14 (9c)– such members of the Tuwharetoa Tribe as are nominated by the Board hereinafter referred to shall be entitled to have issued to them, free of charge, licences to fish for imported fish in accordance with the regulations:

provided that not more than 200 such licences shall be issued in any one year without the consent of the Governor-General in Council:

All income derived from the sale of Taupo Fishery Licences is directly provided to the Department of Conservation to manage the Taupo Sport Fishery.

Is trout farming now inevitable?

The department does not hold a view regarding this question.

However, the current legal framework preventing the farming of trout remains in place. These mechanisms are;

                • Part 5B of the Conservation Act 1987, in particular – section 26ZQ, which prohibits the sale (including barter or offering for sale) of wild trout caught in New Zealand, and

                 – section 26ZI(4), which bans the commercial farming of trout.

                • Section 301(a) of the Fisheries Act 1996, which does not allow the making of regulations allowing licensing of fish farms for the rearing and breeding of trout for sale.

                • A January 2018 Gazette notice made under the Freshwater Fish Farming Regulations 1983 lists those species that may be farmed and the list does not include trout.

                • 2018 Customs Import Prohibition (Trout) Order which prohibits the importation of trout (alive or dead) and trout products, unless in quantities under 10 kilograms not intended for sale, except with the consent of the Minister of Conservation and subject to such conditions as may be imposed that are not inconsistent with the import prohibition.

In DOC’s opinion, is lake based trout farming viable?

The department does not hold an opinion with respect to the “viability’ of lake based trout farming. The department supports the current CIPO, and has submitted recently to the Primary Production Select Committee detailing concerns currently held with respect to the potential for negative impacts from trout farming on recreational fishing interests, in the event trout farming was legalised. This submission can be found here https://www.parliament.nz/en/pb/sc/submissions-and-advice/document/52SCPP_EVI_78216_PP2509/department-of-conservation

 Can you advise if the CIPO has lapsed and/or what DOC have done to replace it to protect the trout fishery?  

The 2015 CIPO has been replaced by a new order effective 10 September 2018. It can be found herehttp://www.legislation.govt.nz/regulation/public/2018/0165/latest/096be8ed817c72c0.pdf

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