New Bay of Islands Marine Sanctuary in place

A new Marine Sanctuary in the Te Pēwhairangi/Bay of Islands gazetted on November 17th is in force from December 15th, 2021.

April 30, 2022
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Earlier this year notification was given that a marine mammal sanctuary would be introduced to address the uniquely high levels of vessel and human interaction affecting our marine mammals in the Bay.

The public consultation period attracted 645 submissions. Now the Minister of Conservation has declared Te Pēwhairangi (Bay of Islands) a Marine Mammal Sanctuary (the Sanctuary) under the Marine Mammals Protection Act 1978.(See maps).
The Sanctuary introduces three key restrictions including:

  • vessels to maintain a 300m distance from all marine mammals
  • people to keep out of the water within 300m of all marine mammals
  • vessels to keep to a 5-knot speed limit in two marine mammal safe zones.

The Sanctuary includes several changes from the proposal notified earlier in the year from issues raised through the public consultation process.

The aim is to ensure a diverse range of marine mammals remain accessible for generations to come.
The aim is to ensure a diverse range of marine mammals remain accessible for generations to come.

Boating & Kayaking

When boating within the marine mammal sanctuary, stay more than 300m away from any marine mammal.
If you find your vessel within 300m of any marine mammal you must stop your vessel. You must remain stopped until the marine mammals are more than 300 m away. It is not an offence if your vessel drifts while stopped.

The rules are simple to understand and well communicated.
The rules are simple to understand and well communicated.

Diving

The Sanctuary provisions state no one is allowed in the water within 300m of a marine mammal. Prior to entering the water for a dive, plan for encountering marine mammals and actions to take if you do and include these in your dive plan.
If you encounter a marine mammal once your dive has begun:


  • stay together and don’t deviate from your dive plan
  • you don’t need to exit the water - safety is first
  • do not pursue interactions with the marine mammal
  • when you surface move to the vessel or shore and exit the water
  • don’t re-enter until the marine mammal is more than 300 m away.

Snorkelling & Swimming

Prior to entering the water scan the water and if you see any marine mammals delay your snorkel until they’re 300 m away.
If you encounter a marine mammal once in the water exit at your closest safe exit point and remain out until the marine mammals are 300 m away and heading away.

Penalties can include up to a $800 infringement fee and maximum fine of $1,600 if an infringement notice is issued for the alleged breach of the Sanctuary restrictions.

Prosecutions may be pursued that could lead to an imprisonment term not exceeding 2 years or a fine not exceeding $100,000.

More Information about the sanctuary is at www.doc.govt.nz/boi-mms.

The Sanctuary has been co-designed with a rōpū of local hapū representatives.  Dept of Conservation will co-manage the Sanctuary alongside this rōpū.

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