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Lakes vs rivers
With trout stream closure approaching, a frequently discussed topic comes up on where does a stream become a lake. I’ve been quite worried when I’ve seen well-meaning advice on social media along the lines of ‘the lake extends up to the first rapid’. Seeking advice from our DPIRD/Fisheries contact evinced:
“Re trout closures: this can be a complex scenario as water levels tend to rise and fall, making defined areas difficult to specify at any given time. This is probably why there’s no clear description of “back up waters” in the FMA or Regs, although the trout notification and various fish species closures in the Reg defines this area as “where those waters enter the backed up waters of all impoundments”. For interest, the boundary in stocked dams where silver perch / catfish can / cannot be taken is defined in the Reg as “flowing waters”. As mentioned above, the demarcation point is transient as dam waters rise / recede, although we would suggest it’s generally interpreted by compliance staff as the point where the flowing waters end / still waters start. I had a chat with senior compliance staff and they advise that they enforce the rules based on the above – ie, if it’s flowing it’s a river/stream, if it’s still it’s a lake/impoundment.”
This was always my understanding and so I’ve tended to avoid the moving water at the confluence – what the Kiwis call ‘the rip’.