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OIAD-1645
10 January 2022
Lloyd Jerome
[FYI request #17753 email]
Tēnā koe Lloyd
Thank you for your Of icial Information Act request to the Department of Conservation,
received on 29 November 2021 in which you asked for:
“Now that a Marine Mammal reserve has been established for Pewhairangi (Bay of Islands) please, under
the OIA, could you provide details of any exemptions or permits to the regulations for commercial
organisations?”
Your question has been interpreted as: provide any details of commercial operators
1 which
hold a permit under the Marine Mammals Protection Act 1978 (
the Act) or qualify for an
exemption from the restrictions of the newly declared Te Pēwhairangi (Bay of Islands) Marine
Mammal Sanctuary (
the Sanctuary).
Commercial operators holding a permit for the purpose of viewing marine mammals within
the boundaries of the Sanctuary qualify for an exemption from some of the Sanctuary
restrictions, pursuant to clause 5(5) of t
he Sanctuary Gazette notice.
Commercial operation permits have been issued under Regulation 12 of the Marine
Mammals Protection Regulations 1992. The Act requires the Department to keep a Marine
Mammal Permit register and provides that any persons may request details of that register.
Those details are listed in Appendix One.
Other exemptions to the restrictions of the Sanctuary are listed in clause 5(4) of the
Sanctuary Gazette notice – this includes 5(4)(e) any person undertaking research permitted
under the Marine Mammals Protection Act 1978; and under clause 5(4)(i) any person in
charge of, or crew on board of, a vessel; or any person in the water; actively participating in
1 In the Marine Mammals Protection Regulations 1992,
commercial operation or
operation means
an operation carried on for any form of hire or reward in which persons are transported, conveyed,
conducted, or guided where a purpose is to view or come into contact with any marine mammal in
New Zealand or in New Zealand fisheries waters
Page 1 of 10
and registered in an organised event which has the prior approval of the Department of
Conservation.
Research permits are granted under section 6 of the Act, in a separate process to
commercial operations. Researchers whose permits exempt them from the restrictions of the
Sanctuary are listed in Appendix One.
No permits for organised events have been authorised or have the prior approval of the
Department of Conservation at the time of this response. The Department is working with
event organisers to facilitate the appropriate process for these authorities.
As your request has been interpreted as information regarding permits which are exempt
specifically from the restrictions of the Sanctuary in the Sanctuary area, permit information
for non-research permits (for holding deceased marine mammal material) and those whose
permit area excludes the sanctuary boundaries have not been included. Marine mammal
research permits which relate only to deceased marine mammals have also been excluded,
as they do not require exemptions to the Sanctuary restrictions.
In making my decision, I have considered the public interest considerations in section 9(1) of
the Of icial Information Act and determined there are no public interests which outweigh the
grounds for withholding.
Please note that this letter (with your personal details removed) and enclosed documents
may be published on the Department’s website.
Nāku noa, nā
Natasha Ryburn
Director Planning, Permissions and Land
Department of Conservation
Te Papa Atawhai
Page 2 of 10
Appendix One
Permit Holder Permission Permissi Summary of Actions authorised
Species
Permit Note
and Address
Type
on
grante
Number
d
Explore Group
Mammal
78709-
Commercial vessel-based operation
a) Whales
1 July
Bay of Islands -
Limited
Mammal
MAR
to view all marine mammals, and to Long finned pilot
2019-
Taronui Bay to
PO Box 106267, Viewing
swim with false killer whales and
Short finned pilot
30
Cape Brett (Less
Auckland, 1143
common dolphins in the Bay of
Minke
June
Exclusion Zones)
Islands. (View Vessel Discovery V,
Humpback
2022
Swim Vessel Discovery III)
Brydes
Southern right
Blue
Orca
False killer whale
b) Dolphins
Common
Bottlenose (swimming excluded)
c) Seals
New Zealand fur seal
Explore Group
Mammal
78711-
Commercial vessel-based carriage of a) Whales
1 July
Bay of Islands -
Limited
Mammal
MAR
passengers to view marine mammals Long finned pilot
2019-
Taronui Bay to
PO Box 106267, Viewing
and to swim with common dolphins Short finned pilot
30
Cape Brett (Less
Auckland, 1143
(Tutunui)
Minke
June
Exclusion Zones)
Humpback
2022
Brydes
Southern right
Blue
Orca
False killer whale
b) Dolphins
Common
Page 3 of 10
Bottlenose (swimming excluded)
c) Seals
New Zealand fur seal
Explore Group
Mammal
78712 - Commercial vessel-based carriage of a) Whales
1 July
Bay of Islands -
Limited
Mammal
MAR
passengers to view marine mammals Long finned pilot
2019-
Taronui Bay to
PO Box 106267, Viewing
and to swim with common dolphins Short finned pilot
30
Cape Brett (Less
Auckland, 1143
(Vessel - Dolphin Seeker)
Minke
June
Exclusion Zones)
Humpback
2022
Brydes
Southern right
Blue
Orca
False killer whale
b) Dolphins
Common
Bottlenose (swimming excluded)
c) Seals
New Zealand fur seal
Page 4 of 10
Explore Group
Mammal
78713 - Commercial vessel-based carriage of a) Whales
1 July
Bay of Islands -
Limited
Mammal
MAR
passengers to view marine mammals Long finned pilot
2019-
Taronui Bay to
PO Box 106267, Viewing
and to swim with common dolphins Short finned pilot
30
Cape Brett (Less
Auckland, 1143
(Vessel - Te Maki)
Minke
June
Exclusion Zones)
Humpback
2022
Brydes
Southern right
Blue
Orca
False killer whale
b) Dolphins
Common
Bottlenose (swimming excluded)
c) Seals
New Zealand fur seal
Bruce and
Marine
78710-
Commercial vessel-based carriage of a) Whales
01/07/ Bay of Islands
Vanessa McKay Mammal
MAR
passengers to view marine mammals Long finned pilot
2019-
Territorial Sea
trading as
Permit -
and to swim with bottlenose
Short finned pilot
30/06/ (less exclusion
Carino Sailing
Watching
dolphins (Carino NZ)
Minke
2022
areas)
and Dolphin
Humpback
Adventures
Brydes
PO Box 286,
Southern right
Paihia, 0200
Blue
b) Dolphins
Orca
False killer whale
Common
Bottlenose
c) Seals
New Zealand fur seal
Page 5 of 10
Bruce and
Marine
91420-
Commercial vessel-based viewing
Viewing of all NZ seals, and
01/07/ From Flat Island
Vanessa McKay Mammal
MAR
and swim with NZ fur seals, from Flat swimming with NZ Fur Seals
2019-
(173o 51.07’E,
trading as
Permit -
Island to Waiwiri Rock, Bay of Islands
30/06/ 34o 58.03’S) up
Carino Sailing
Watching
(Carino NZ)
2022
to and including
and Dolphin
Waiwiri Rock
Adventures
(174o 20.103’E,
PO Box 286,
35o 11.50’S)
Paihia, 0200
Excluding:
Waikere Inlet,
Kerikeri Inlet, Te
Puna Inlet,
Deepwater Cove
and the area
northeast of
Waewaetorea
Island
Massey
Non
86142-
Take and hold marine mammals and All species of seals
01/09/ Nationwide
University
Research -
MAR
for that purpose:
2021-
excluding the
Private Bag 11
Marine
31/08/ following
222, Tennent
Mammal
• Attend and assist at oil spill events
2026
Department of
Drive,
Permit
• Approach a pinniped closer than
Conservation
Palmerston
20m for the purpose of
Districts:
North, 4442
rehabilitation or euthanasia
• To take and hold pinnipeds in situ
• Tauranga and
for rehabilitation purposes
Whakatane
• To administer veterinary care as
(Orokawa Bay –
necessary
Cape Runaway)
• To take samples for veterinary
purposes
• To take and transport pinnipeds
that are to be rehabilitated ex situ
• To take and euthanise pinnipeds
that are unable to be rehabilitated
Page 6 of 10
Auckland
Marine
39635-
Attend and assist at strandings, take Extensive range
10/08/ Throughout NZ
University of
Mammal
MAR
and hold samples and entire
2015-
fisheries waters
Technology
Research
specimens, receive and hold samples
09/08/
School of
and entire specimens, prepare
2025
Applied
samples and entire specimens for
Sciences, AUT
display purposes, hold samples and
City Campus,
entire specimens for display
Auckland, 1142
purposes, undertake dissections and
necropsies on samples and entire
specimens on a range of deceased
stranded or trawl caught species.
Krista Hupman Marine
63499 - Approach live seals no closer than
Leopard seals
30/10/ Nationwide -
Leopard Seal
Mammal
MAR
20m Take deceased seals and for
2018 - excluding East
Research
Research
that purpose: • Take and hold
29/10/ Coast District
Organisation
samples and entire specimens
2028
P.O. Box
• Receive and hold samples and
402043,
entire specimens
Tutukaka 0153
• Undertake dissections and
necropsies on samples and entire
specimens for the purpose of
determining life histories
Export samples of genetic material
to overseas scientific institutions
Import samples of genetic material
from overseas scientific institutions
Page 7 of 10
Massey
Marine
39239-
Attend and assist at strandings, take Extensive range of marine
28/10/ Throughout NZ
University
Mammal
MAR
and hold samples and entire
mammals listed
2014-
and within NZ
Private Bag 11
Research
specimens, receive and hold samples
27/10/ fisheries waters
222 , Tennent
and enitre specimens, prepare
2024
Drive,
samples and enitre specimens for
Palmerston
display purposes, hold samples and
North, 4442
entire specimens for display
puroposes, undertake dissections
and necropsies on samples and
entire specimens on a range of
deceased standed, by caught or
beach cast marine mammals.
Page 8 of 10
Massey
Marine
86298 - Research on behavioural and
All species of dolphin and whale
17/03/ Coastal areas of
University
Mammal
MAR
physiological indicators of animal
2021-
Bay of Islands,
School of
Research
welfare during cetacean strandings
16/03/ Whangarei,
Natural &
around the coastline of NZ
2024
Auckland,
Computational
Coromandel and
Sciences,
Take the species listed in Item 3,
Stewart Island
Albany, 032
during a stranding event,
for the purpose of:
• Undertaking physical examinations
and health assessments
• Col ecting length and girth
measurements
Subset of cetaceans only:
• Recording alertness;
• Collecting heart rate, respiratory
rate and BCS data
• Ultrasounds
Pilot Whales* only:
• Insert Mini-Transponders
*Pilot Whales must be over 3m in
length
Ingrid Visser
Marine
63877-
MMPA permit Leopard seals,
Leopard seals
30/10/ Nationwide
Leopard Seal
Mammal
MAR
nationwide - Approaching closer
2018-
(excluding East
Research
Research
than 20m, taking samples and
29/10/ Coast District)
Organisation
necropsies of deceased seals
2028
P.O. Box
import/export samples for analysis
402043,
Tutukaka 0153
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