Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698847640923.pdf (New Zealand)
2008/329 Marine Mammals Protection (Clifford and Cloudy Bay Sanctuary) Notice 2008 Pursuant to section 22 of the Marine Mammals Protection Act 1978, the Minister of Conservation gives the following notice, and the Min­ ister of Energy, the Minister of Fisheries, and the Minister of Trans­ port consent to the declaration in clause 4(2).
Contents Title Commencement Interpretation Place deﬁned and declared to be marine mammal sanctuary Restrictions on seismic surveying Schedule 1 Clifford and Cloudy Bay Marine Mammal Sanctuary Schedule 2 Map of sanctuary Notice Page 1 1 2 3 4 10 11 Title This notice is the Marine Mammals Protection (Clifford and Cloudy Bay Sanctuary) Notice 2008.

Commencement This notice comes into force on the 28th day after the date of its notiﬁcation in the Gazette.
1 Marine Mammals Protection (Clifford and Cloudy Bay Sanctuary) Notice 2008 2008/329 Interpretation 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 in­ tended to be used, for the purpose of an acoustic seismic survey; and in relation to a source vessel, means an acoustic source on or controlled from the vessel (b) 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 (b) mechanical); but does not include the release of energy by an airgun or boomer internal waters has the meaning given by section 4 of the Ter­ ritorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977 low­water 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 low­power source of acoustic pressure waves, with a minimum source level of 160 dB re μPa­m (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 hy­ drophone array with a minimum detection range of 1 000 m, coupled with appropriate software, to detect the vocalisations of cetaceans cl 3 3 (1) 2 2008/329 Marine Mammals Protection (Clifford and Cloudy Bay Sanctuary) Notice 2008 cl 4 qualiﬁed observer means an observer trained and experi­ enced in whale and dolphin identiﬁcation and behaviour, passive acoustic monitoring techniques, and distance estima­ tion 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 detect­ ing and measuring the reﬂected signals soft start, in relation to an acoustic source, means the grad­ ual 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 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 (b) 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 Ter­ ritorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977.
(2) All co­ordinates stated in this notice are expressed in accord­ ance with the World Geodetic System (WGS 84).

4 Place deﬁned and declared to be marine mammal sanctuary (1) All the place described in Schedule 1 is deﬁned for the pur­ (2) poses of subclause (2).

The place deﬁned by subclause (1) is a marine mammal sanc­ tuary, to be called the Clifford and Cloudy Bay Marine Mam­ mal Sanctuary.

(3) A map of the sanctuary is set out in Schedule 2.
3 cl 5 (4) Marine Mammals Protection (Clifford and Cloudy Bay Sanctuary) Notice 2008 2008/329 The map set out in Schedule 2 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 Con­ servation) and the verbal description in Schedule 1, the verbal description prevails.
(b) Restrictions on seismic surveying 5 (1) No person may carry out a seismic survey from a vessel in the sanctuary created by clause 4(1) unless he or she has, at least one month before doing so,— (a) notiﬁed the Head Ofﬁce of the Department of Conser­ vation in Wellington in writing of his or her intention to carry it out; and given the Director­General a written undertaking, in a form satisfactory to the Director­General, to give the Director­General, within 2 months of the completion of the survey, a written report on all interactions between cetaceans and— (i) (ii) the source vessel or vessels used; or any equipment on or operated from the source vessel or vessels used; or any person on the source vessel or vessels used.
(2) No person may carry out on or from a source vessel in the sanc­ tuary created by clause 4(1) a seismic survey using explosions as an acoustic source.
(iii) (3) No person may cause an acoustic seismic survey to be carried out in the sanctuary created by clause 4(1) 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 require­ ments are complied with on (or, as the case may be, in relation to) the vessel: Qualiﬁed observers at all times,— (i) there must be one qualiﬁed observer on board the source vessel; and there must be on board either the source vessel or a support or scouting vessel escorting it at least (ii) (a) 4 2008/329 Marine Mammals Protection (Clifford and Cloudy Bay Sanctuary) Notice 2008 cl 5 (b) (c) (d) (e) one further qualiﬁed observer in addition to the observer required by subparagraph (i): at all times while the acoustic source is operating other­ wise than during poor visibility, a source vessel ob­ server must maintain a watch for cetaceans: 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 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: Pre­start procedures 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: 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 (B) (ii) the source is being reactivated, and a mitigat­ ing acoustic source has been running continu­ ously (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— 5 cl 5 Marine Mammals Protection (Clifford and Cloudy Bay Sanctuary) Notice 2008 2008/329 (i) (ii) 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 the source is being reactivated, and a mitigat­ ing acoustic source has been running continu­ ously (but for no more than 30 minutes) since the source was last shut down: General restrictions on activating acoustic source an acoustic source must not be activated at any time ex­ cept by soft start, unless the source is being reactivated after being shut down less than 5 minutes before that time: an acoustic source must not be activated at any time if, during the previous 30 minutes, a qualiﬁed observer has seen a cow­calf pair of cetaceans within 1 000 m of the vessel or source: an acoustic source must not be activated at any time if, during the previous 30 minutes, a qualiﬁed observer— has seen a cetacean within 500 m of the vessel or (i) source; or has detected a cetacean (at any
 distance) by pas­ sive acoustic monitoring: (ii) 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 ob­ servations all around the source vessel and source for the presence of cetaceans— (i) from the bridge, or preferably an even higher vantage point; and using both marine binoculars (for range estima­ tion) and the naked eye: (ii) Restrictions on activating acoustic source during poor visibility
 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 (g) (h) (i) (j) (k) 6 2008/329 Marine Mammals Protection (Clifford and Cloudy Bay Sanctuary) Notice 2008 cl 5 (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) (m) (n) (ii) 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 during the previous 2 hours, a qualiﬁed observer has, from the source vessel or a support or scout­ ing vessel escorting it, seen a cetacean within 1 000 m of the place where the source is; or during the previous 2 hours, a qualiﬁed observer has, from the source vessel or a support or scout­ ing vessel escorting it, detected a cetacean (at any distance) by passive acoustic monitoring: an acoustic source must not be activated during poor visibility, unless passive acoustic monitoring is being continuously maintained on the source vessel: (iii) Requirements to cease activation if, while an acoustic source is being activated, a qual­ iﬁed observer sees a cow­calf 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 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: (ii) (o) if,
 while an acoustic source is being activated, a quali­ ﬁed observer sees a cetacean within 500 m of the source vessel or source, activation of the source must cease, 7 cl 5 Marine Mammals Protection (Clifford and Cloudy Bay Sanctuary) Notice 2008 2008/329 (ii) 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 despite continuous observation, a source vessel observer has not seen it at all during the 30 min­ utes after it was last seen within 500 m of the source vessel or source by a qualiﬁed observer: 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 activation must not recommence until at least 30 minutes after a qualiﬁed observer last detected a cetacean (at any distance) by passive acoustic monitoring: (ii) 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 be­ fore activation begins; or the source is being reactivated after being shut down for less than 5
 minutes: (ii) Requirements to shut down if, while an acoustic source is activated, a qualiﬁed ob­ server sees a cow­calf pair of cetaceans within 1 000 m of the source vessel or source, the source must imme­ diately be shut down, and must not be reactivated un­ less— (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 (p) (q) (r) 8 2008/329 Marine Mammals Protection
 (Clifford and Cloudy Bay Sanctuary) Notice 2008 cl 5 (ii) or source again during the 30 minutes after they were seen to move to that point; or 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) (t) (u) (v) (ii) if, while an acoustic source is activated, a qualiﬁed ob­ server 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 despite continuous observation, a source vessel observer has not seen it at all during the 30 min­ utes after it was last seen within 500 m of the source vessel or source by a qualiﬁed observer: if, while an acoustic source is activated during poor visi­ bility, a qualiﬁed observer detects a cetacean (at any dis­ tance) by passive acoustic monitoring,— (i) activation of the source must cease, and the source must be shut down; and activation must not recommence until at least 30 minutes after a qualiﬁed observer last detected a cetacean (at any distance) by passive acoustic monitoring: (ii) Use of mitigating acoustic devices a
 mitigating acoustic device must not be run except when no acoustic source is being used for data acqui­ sition (for example, during manoeuvring of the source vessel concerned): a mitigating acoustic device— (i) must not be run for a continuous period of more than 30 minutes; and 9 Schedule 1 Marine Mammals Protection (Clifford and Cloudy Bay Sanctuary) Notice 2008 2008/329 (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 obser­ vations all around the source vessel and source for the presence of cetaceans.
Paragraphs (e) and (f) of subclause (3) are cumulative.

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

Paragraph (q) of subclause (3) overrides paragraph (g) of that subclause.
(4) (5) (6) Schedule 1 Clifford and Cloudy Bay Marine Mammal Sanctuary cl 4(1) All the areas of the sea enclosed— (a) by the line of mean high­water springs from a point on Cape Campbell (at approximately 41°43.54′S and 174°16.57′E) thence by a line running in an easterly direction to a point at sea (at approximately 41°43.54′S and 174°32.59′E), thence by a line running in a north­westerly direction to a point on West Head on the Tory Channel (at approximately 41°12.79′S and 174°18.93′E); and by the line of mean high­water springs alongshore in a north­ south direction between the point on West Head on the Tory Channel (at approximately 41°12.79′S and 174°18.93′’E) to the point on Cape Campbell (at approximately 41°43.54′S and 174°16.57′E).
(b) 10 2008/329 Marine Mammals Protection (Clifford and Cloudy Bay Sanctuary) Notice 2008 Schedule 2 Schedule 2 Map of sanctuary cl 4(3) 11 Explanatory note Marine Mammals Protection (Clifford and Cloudy Bay Sanctuary) Notice 2008 2008/329 Dated at Wellington this 23rd day of September 2008.

Steve Chadwick, Minister of Conservation.

Harry Duynhoven, for Minister of Energy.

Jim Anderton, Minister of Fisheries.

Annette King, Minister of Transport.


Explanatory note This note is not part of the notice, but is intended to indicate its gen­ eral effect.

This notice, which comes into force 28 days after notiﬁcation in the Gazette, creates a marine mammal sanctuary along a part of the north­ east coast of the South Island, and restricts seismic surveys in the sanctuary.

The sanctuary includes areas where Hector’s dolphins are found.
A map of the sanctuary is available for inspection on the Internet site of the Department of Conservation at www.doc.govt.nz.

12 2008/329 Marine Mammals Protection (Clifford and Cloudy Bay Sanctuary) Notice 2008 Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notiﬁcation in Gazette: 25 September 2008.

This notice is administered by the Department of Conservation.

12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2008 13