OBTAINING THE BEST VALUE FROM THE SUSTAINABLE USE OF FISHERIES RESOURCES

Transcription

1 OBTAINING THE BEST VALUE FROM THE SUSTAINABLE USE OF FISHERIES RESOURCES Setting the Total Allowable Catch 135 The process for setting the TAC has already been described. As stated, the TAC is primarily a sustainability tool. The level of the TAC is set to provide for the appropriate level of harvest whilst ensuring sustainability. Having set the TAC, the next task is to allocate the TAC between the three sectors; customary, recreational and commercial. Allocating Between Sectors 136 Based on current legislation, allocations to the commercial, recreational, and customary sectors are all considered simultaneously when the TAC is split between the three sectors. The Minister must also consider and allow for other fisheries-related mortality. Table 9 shows the TACs and the allocations to the various sectors for the stocks covered by this plan. Table 9: Current TAC, TACC, recreational, customary and other fishing-related mortality allowances for all QMS stocks within the North-East shellfish fishery (expressed in tonnes). Stock TAC Customary Recreational TACC Other Fisheries- Related Mortality COC 1A COC 1B COC 1C GLM HOR KWH OYS PAD PPI 1A PPI 1B PPI 1C PZL SCA 1A SCC 1A SCC 1B SUR 1A SUR 1B Surf Clams BYA DAN DSU MDI MMI PDO SAE TUA 1A TUA 1B

2 137 Analysis of Table 9 shows that of all the species covered by this plan there are five main species targeted by the all three sectors; cockle, green-lipped mussel, kina, pipi and tuatua. Table 10 shows the relative importance, by weight of allocation, of these species to the various sectors. For many of the species covered by this plan current use by any sector is low. 138 The existing low levels of commercial interest may reflect past management regimes. A number of stocks are recent introductions to the QMS and prior to their introduction were subject to permit moratoriums. To some extent the low TACCs reflect this lack of historical access. 139 For some fisheries the TACC has been set at zero; COC 1B, PPI 1B, TUA 1A and TUA 1B and in others it is very low. This reflects the importance of these fisheries to the recreational and customary sectors. Table 10: Most important species for customary, recreational and commercial sectors by weight of allocation. Customary Recreational Commercial Green lipped mussel Pipi Cockle Kina Kina Paddle crab Pipi Green lipped mussel Pipi Tuatua Tuatua Kina Cockle Cockle Methods of Harvest 140 Along the North-East coast of the North Island, the commercial and non-commercial sectors are often spatially separated and sometimes separated by harvest method. The restriction of commercial cockle and pipi fisheries to the Whangarei Harbour are excellent examples of where the commercial and recreational fisheries are separated, although recreational fishers may fish the commercial areas. 141 Pipi, cockle and kina harvesting method is by hand gathering only. Commercial kina divers are also restricted to breath-hold diving. The majority of targeted paddle crab fishing is by crab pots although they are a bycatch of the set net fishery and inshore trawl fishery. It is not known what percentage of bycatch is reported. 142 The main commercial and non-commercial fishing methods and locations for each stock are shown in Table

3 Table 11: The main fishing methods and fishing locations for each shellfish species on the North-East coast of the North Island. Main Fishing Method Main fishing location Species Commercial Non-commercial Commercial Non-commercial Green-lipped Mainly by-catch of Diving - Widespread mussel trawl or scallop fishery Kina Diving (breathhold) Diving Reef areas Reef areas Tuatua None Hand gathering None Widespread Pipi Hand gathering Hand gathering Mair Bank Widespread Whangarei Harbour and Ohiwa Harbour Cockle Hand gathering Hand gathering Snake Bank Widespread Whangarei Harbour and Ohiwa Harbour Horse mussel Mainly by-catch of Generally not No existing No existing trawl fishery and scallop fishery. targeted Knobbed whelk Potting Generally not No existing No existing targeted Octopus Trawling/ Potting n/a Unknown Unknown Paddle crab Potting / Set Nets Potting / Set Nets Exposed sandy Unknown Sea cucumber Mainly by-catch of trawl fishery and scallop fishery. Developing target fishery Generally not targeted Deepwater clam Diving (UBA) Generally not targeted Surf clam Dredging Generally not targeted beaches Unknown No existing No existing - Unknown No existing No existing Commercial Sector Profile of Commercial Sector 143 The commercial sector is comprised of a variety of individual and company commercial interests. 144 The commercial fishing sector provides substantial economic benefits to New Zealand and is a major export earner. In 2004, the commercial fishing industry generated $1.2 billion in export earnings. It directly employed 10,000 full time equivalents and it is estimated that it indirectly employs another 15,000 full time equivalents. It is not possible to identify the contribution from shellfisheries. Total Allowable Commercial Catch, Annual Catch Entitlements and Deemed Values 145 The Total Allowable Commercial Catch (TACC) is the total amount of fish (of a species) in tonnes that can be taken for commercial purposes from any one stock. The Minister is able to make annual adjustments to a TACC to ensure sustainability. 29

4 146 A person s quota holding under the QMS is expressed in shares, with holders owning a certain portion of the shares. The total number of shares for each stock is set at 100,000,000 shares. 147 Each fishing year, access to fish is determined by ownership of Annual Catch Entitlement (ACE). The amount of ACE held by a person is proportional to the amount of quota owned by that person at the start of each fishing year. In effect, ACE is a tonnage equivalent of the quota share, established by the TACC for a particular fishing year. For example, if a quota holder owns 10,000,000 shares i.e.10 per cent of the quota of a stock, and the TACC is set at the start of the fishing year at 200 tonnes, the quota owner receives 20 tonnes of ACE. 148 Ideally commercial fishers should hold enough ACE to cover the amount of fish caught so that over fishing does not occur, i.e. the TACC is not exceeded. In recognition that fishers are not necessarily in total control of the amount of fish they catch, fish can be landed that is caught outside the ACE entitlement. In order to do so, the fisher must pay a deemed value to the government. 149 Deemed values are set annually with reference to port prices of fish and other indicators. A deemed value is set so that it is a disincentive to fish above the ACE, but is an incentive to land caught fish. Dumping is illegal. As well as protecting the QMS, deemed values also protect the interests of quota and ACE holders by discouraging fishing without holding the necessary rights. 150 As well as ACE, commercial fishers must hold a current commercial fishing permit. Key Commercial Fisheries 151 There are four main commercial shellfish fisheries on the North-East coast. These are: Cockle (COC 1A) at Snake Bank in Whangarei Harbour plus a small fishery in Ohiwa Harbour Pipi (PPI 1A) at Mair Bank in Whangarei Harbour plus a small fishery in Ohiwa Harbour Paddle crab (PAD 1) Kina (SUR 1A and SUR 1B). 152 Each of these fisheries is distinct in location, method, target species and in terms of the individuals who fish them. 153 A summary of each of the commercial fisheries is given below. 30

5 Cockle 154 Commercial take of cockle in FMA 1 is largely confined to Snake Bank in Whangarei Harbour (TACC 346t). Prior to the establishment of the TACC there was a daily maximum harvest limit of 200kg for each of the eight commercial license holders. This equated to a theoretical maximum annual take of 584 tonnes. A smaller fishery with a TACC of 3 tonnes exists within Ohiwa Harbour. These are small in comparison to the two main cockle fisheries within New Zealand, COC 3A (Otago Peninsula) with a TACC of 1470t and COC 7A (Nelson) with a TACC of 1390 tonnes. COC 1A has a TACC of approximately 11% of the national total cockle TACC. On average over the last 10 years COC 1A has contributed 26% per annum of total New Zealand landings, however, in more recent years this has been reducing and in year accounted for 14% and in , 11%. 155 A study in 2006 on the cockle fishery of Snake Bank, noted that there had been an 18% decline in biomass of cockle greater than 30mm (considered to be the minimum commercial size) since the 2005 survey. However, the report noted that recent recruitment levels were good. Landings declined since the introduction into the QMS, averaging 202 tonnes (58% of the TACC) and continue to be significantly lower than the TACC. Overall, the report concluded that fishing at the level of recent average landings was likely to be sustainable in the short term, however, fishing at the level of the TACC is not likely to be sustainable in the long term Tonnes Landings Catch Limit Fishing Year Figure 7: Landings (tonnes) of cockle for Snake Bank in Whangarei Harbour compared to harvest limits. TACC introduced

6 Pipi 156 Virtually all (99%) of New Zealand s commercial pipi catch comes from Mair Bank, Whangarei Harbour, the remainder is from Ohiwa Harbour. Prior to the introduction into the QMS in 2004, harvesting was permitted between Home Point and Mangawhai Head. Harvesting is restricted to hand gathering, including the use of rakes. 157 Prior to the establishment of the TACC in 2004, there was a daily maximum harvest limit of 200kg for each of the nine commercial license holders. This equated to a theoretical maximum annual take of 657 tonnes. 158 The 2005 biomass estimate indicates that current average landings are likely to be sustainable in the short term. However, it is unknown whether fishing at the level of the TACC is likely to be sustainable in the long term Tonnes Landings Catch Limit Fishing Year Figure 8: Landings (tonnes). of pipi (PPI) for Mair Bank in Whangarei Harbour compared to harvest limits. TACC introduced Paddle crab 159 Paddle crabs are targeted in baited lifted or set pots. They are also caught as by-catch in trawl, dredge and set netting operations. The TACC for PAD 1, which covers the entire FMA 1 area, is 220 tonnes which is 29% of the nationwide TACC for PAD. In the ten years from , paddle crab from PAD 1 amounted to 1766t of a nationwide total of 3594 tonnes or 49% of the total New Zealand catch. In the PAD 1 catch was 64% of the national total and in %. 32

7 Tonnes Landings TACC Fishing Year Figure 9: Landings (tonnes) of paddle crab for PAD 1 compared to harvest limits. TACC introduced 2002 Kina 160 The commercial kina fishery is a breath hold dive fishery. SUR 1 has a combined TACC of 180 tonnes (SUR 1A 40 tonnes and SUR 1B 140 tonnes). The combined kina TACC for the rest of the North Island is 121t, and 685t for all the QMAs in the South Island. SUR 1A and SUR 1B account for 18% of the national total TACC. 161 SUR 1A and SUR 1B have over the last 10 years provided an average of 25% of all commercial landings. This level of contribution appears relatively constant with providing 24% and %. SUR 1A and SUR 1B therefore form a significant component of the commercial kina fishery nationally. 162 Prior to the establishment of the TACC in October 2003, there was a maximum harvest limit of 300kg per diver per day. 163 Almost all the roe harvested is sold on the domestic market. 33

8 Tonnes SUR1 SUR1A Landings SUR1A (TACC) SUR1B Landings SUR1B (TACC) Fishing Year Figure 10: Landings (tonnes) of Kina compared to harvest limits. Note, with the introduction of kina to the QMS in 2004 resulted in the splitting of SUR 1 into SUR 1A and SUR 1B and the establishment of separate TACCs. Sea cucumber 164 Sea cucumber is a developing fishery. The north east coast holds large areas of habitat suitable for sea cucumber. Historically, interest has been low and much of what has been caught has been discarded. 165 This fishery is both a target fishery and a by-catch fishery. Targeted catches are taken by free diving whereas by-catch is most common from the dredge scallop fishery, but also bottom trawl. 166 In SCC 1A the largest catch was in 1996 with no reported catch in most years. A similar record of 200kg was made for SCC 1B in However, reported landings of SCC for SCC 1A and SCC 1B from 1990 to show a total of 110kg and 50kg respectively of which 100% was discarded. 167 With the introduction of sea cucumber into the QMS in 2004 there is renewed interest in the fishery. 34

9 6 5 Tonnes SCC1 SCC1A SCC1A TACC SCC1B SCC1B TACC Fishing Year Figure 11: Landings (tonnes) of sea cucumber compared to harvest limits. TACC introduced in Horse mussel 168 Most reported landings of horse mussel have been from HOR 1. Apart from and when catches were 5 and 7 tonnes respectively, landings have been small. It is estimated that 50% of horse mussel is taken as by-catch from the trawl fishery (90% nationally). The remainder is by-catch from Danish seine and dredge fisheries. 169 It is likely that much of the by-catch is not recorded. An experimental dive fishery in the western Bay of Plenty in the early 1980s was found to be uneconomic. Knobbed Whelk 170 Knobbed whelk was introduced into the QMS in October There is currently little commercial interest. Target fishing is by baited pots, but most of the historical catch is from by-catch of dredge and bottom trawling fisheries. Reported catches from FMA 1 are relatively low. Due to its low value it is thought that much is discarded. Surf clams 171 Although surf clams support significant commercial fisheries overseas, interest in New Zealand surf clams has been limited. In FMA 1 the only reported catches have been of 123kg of DSU in 1992/93 and 27kg of DSU in 1994/95. The most active surf clam fishery is in FMA The undeveloped nature of this fishery is in part due to a permit moratorium established in 1992 when only two permits had been issued. This moratorium no longer exists. 173 Harvesting involves the use of hydraulic dredges. There were difficulties with this technology early in the establishment of the surf clam fishery. Biomass surveys suggest the 35

10 eastern Bay of Plenty may have potential for a commercial fishery. Overview of Quota Holdings 174 There are 55 quota owners in the fisheries covered by this plan. The numbers of quota owners per stock is generally low. The exceptions are paddle crab and kina. Table 12 details the number of quota owners in each stock, the smallest and largest quota holdings and the level of quota concentration amongst the top three quota holders in each stock concentration ratio or CR3, (i.e. the percentage of the total quota held by the three largest quota holders). 175 Section 59 of the Fisheries Act requires that no quota owner may hold more than 35% of the total national quota for any of the species included in this plan. Table 12: Number of quota owners and quota owning concentration as of May Number of quota owners with holdings by size (in millions of shares) Stock Smallest quota holding (shares) Largest quota holding (shares) CR3 (% quota holding) * Total quota owners COC 1A ,805,651 20,000, COC 1B ,000,000 80,000, COC 1C ,994,039 76,005, GLM ,000 76,680, HOR ,000,000 80,000, KWH ,000,000 80,000, OYS ,000,000 80,000, PAD ,000, PPI 1A ,506,158 20,000, PPI 1B ,000,000 40,000, PPI 1C ,785,680 78,214, PZL ,000,000 80,000, SCA 1A ,000,000 80,000, SCC 1A ,000,000 80,000, SCC 1B ,000,000 80,000, SUR 1A ,500 35,317, SUR 1B ,286 33,311, Surf Clams BYA ,000,000 30,000, DAN ,000,000 80,000, DSU ,000,000 80,000, MDI ,500,000 76,500, MMI ,000,000 80,000, PDO ,000,000 80,000, SAE ,222,222 77,777, TUA 1A ,000,000 40,000, TUA 1B ,000,000 40,000, * CR3 is the Concentration Ratio (% of quota) for the top three quota holding companies in each stock. 176 The Crown has been a significant quota holder in the North-East shellfish fisheries, however, as quota is tendered the Crown s interests diminish. Upon the introduction of the stock into the QMS, quota is allocated on the basis of catch history. Where the total of these catch histories is lower than the TACC, the Crown holds the additional quota and offers it for 36

11 sale. The Crown continues to hold unsold quota. 177 For COC 1B, PPI 1B, TUA 1A and TUA 1B, there are a number of quota owners even though the TACC is set at zero. This reflects potential development in the fishery and establishes rights should a TACC above zero be set in the future. Overview of ACE Holdings 178 There are currently 91 holders of ACE in the various North-East shellfish fisheries. The most active fisheries have the largest number of ACE holders. Table 13 details the number of ACE holders for each stock, the concentration ratio (CR3), as well as the number of ACE holders who also hold quota shares or are licensed fish receivers. Table 13: Number of ACE holders and ACE holding concentration as of May Number of ACE holders holding quota shares Number of licensed fish receivers holding ACE Stock Total number of ACE holders CR3 (% ACE holding) * COC 1A COC 1B** COC 1C GLM HOR KWH OYS PAD PPI 1A PPI 1B** PPI 1C PZL SCA 1A SCC 1A SCC 1B SUR 1A SUR 1B Surf Clams BYA DAN DSU MDI MMI PDO SAE TUA 1A** TUA 1B** * CR3 is the concentration ratio (% of ACE) for the top three ACE holders in each stock. ** There is currently no ACE for this stock 37

12 Use Participation Costs 179 Participation costs are costs incurred by commercial stakeholders operating within the fisheries management regime. These include: Quota purchase costs ACE purchase costs Deemed value penalties Cost recovery levies Transaction costs (e.g. fishing permit, vessel registration, ALC registration) Quota Purchase Price 180 Table 14 shows the average price per tonne of quota shares in the North-East shellfish fisheries from the most recent Crown quota tender process. Table 14: Quota value of North-East shellfish stocks as of June Average trade price ($/tonne) Stock COC 1A - COC 1B - COC 1C - GLM 1 10,755 HOR 1 4,100 KWH 1 9,625 OYS 1 6,250 PAD 1 7, PPI 1A - PPI 1B - PPI 1C - PZL 1 125,000 to 40,000 SCA 1A 26,375 SCC 1A, 18,750 SCC 1B 18,750 SUR 1A, 10,000 SUR 1B 8,003 Surf Clams BYA 1 2,630 DAN 1 4,089 DSU 1 5,004 MDI 1 10,687.5 MMI 1 12,503 PDO 1 5,125 SAE TUA 1A - TUA 1B - 38

13 ACE Trading Price 181 If quota share owners choose not to fish their quota shares directly, they can sell their ACE to others who can use it to harvest the fishery for that fishing year. Table 15 shows the average ACE trading price, where available, for each stock since 2002/03. Table 15: Average ACE trading price for some North-East shellfish stocks ACE trading prices are not available for stocks not listed. Average price per kilogram ($/kg) Stock 2002/ / / / / /08 GLM HOR OYS PAD PZL SCA 1A SCC 1A SCC 1B SUR 1A SUR 1B Deemed Values and Catch Balancing 182 Deemed values are set for all North-East shellfish stocks that are within the QMS. Deemed values encourage commercial fishers to balance their catch against their ACE. Every month, commercial fishers are required to land, report and balance their catch with ACE (hold or purchase sufficient ACE), or alternatively to pay deemed values for any landings in excess of the ACE held. Fishers pay a monthly interim deemed value and an annual deemed value. Interim deemed values are normally a lower charge and are refunded if the fisher sources ACE. Annual deemed values are a higher amount that is charged at the end of the fishing year. Fish that are under the legal size must be returned to the sea and are not counted against ACE. Fishers may also return individuals to the sea for those stocks listed on the Sixth Schedule provided they meet the conditions listed in that schedule (see section to follow). 183 Some stocks have differential deemed value rates. These increase depending on the amount of fish caught relative to the ACE held, up to a maximum of 200%. 184 The setting of deemed values takes into account the market value of the ACE, the port price for the fish, and sustainability and economic issues relevant in the fishery. Table 16 shows the deemed value relevant to a particular stock and the deemed value payments made within the and fishing years. The absence of deemed value payments for some stocks reflects either that fishers have stayed within their ACE or, in many cases, the absence or low level of the commercial fishery. 39

14 Table 16: Deemed value rates (per kg) and deemed value payments in last two fishing years for North- East shellfish stocks. Fish stock Interim DV Annual DV Differential Deemed value payments -$ (Yes/No) COC 1A Y - - COC 1B Y - - COC 1C Y - - GLM N HOR N - - KWH OYS Y - - PAD N 8, PZL SCC 1A N - - SCC 1B N - - SUR 1A Y - - SUR 1B Y - 1, Surf clams BYA N - - DAN N - - DSU Y - - MDI N - - MMI N - - PDO N - - SAE N - - TUA 1A Y - - TUA 1B Y - - Cost Recovery 185 Section 262 of the Fisheries Act enables the Crown to recoup some of the costs associated with managing commercial fisheries. These include: Costs incurred from the provision of fisheries services by MFish, including compliance; Costs incurred by the Department of Conservation in the provision of conservation services. 186 Table 17 shows the cost recovery charges in place in the North-East shellfish fisheries for the 2006/07 fishing year. It should be noted that there are no conservation charges for any of the species listed in this plan. 40

15 Table 17: Current cost recovery charges for the North-East shellfish fisheries. Stock MFish Research MFish Departmental Stock Cost Recovery Levy ($) Statutory Registry Compliance COC 1A 63, , , , COC 1B COC 1C GLM HOR KWH OYS PAD , , , PZL SCC 1A SCC 1B SUR 1A SUR 1B , , , Surf Clams BYA DAN DSU MDI MMI PDO SAE TUA 1A TUA 1B Value 187 Table 18 shows the quota share value for the stocks in the North-East shellfish fisheries. The values are based on the average Crown tender price per tonne for the most recent tender process. Table 18: Quota value of North-East shellfish stocks as of June Stock Quota Value for QMA* COC 1A - COC 1B - COC 1C - GLM 1 107,550 HOR 1 32,800 KWH 1 9,625 OYS 1 6,250 PAD 1 1,625,415 PPI 1A - PPI 1B - PPI 1C - PZL 1 125,000 to 40,000 SCA 1A 26,375 SCC 1A 37,500 41

16 SCC 1B 37,500 SUR 1A 400,000 SUR 1B 1,120,420 Surf Clams BYA 1 2,630 DAN 1 28,623 DSU 1 5,004 MDI 1 10, MMI 1 25,126 PDO 1 5,125 SAE 1 45,045 TUA 1A - TUA 1B - * Derived by multiplying average trade price by the TACC. 188 Table 19 shows the domestic port price for North-East shellfish stocks. Table 19: Port prices for North-East shellfish stocks. Stock Fishing year 2005/06 ($/kg)) Fishing year 2006/07 ($/kg) COC 1A COC 1B COC 1C GLM HOR KWH OYS PAD PPI 1A PPI 1B PPI 1C PZL SCC 1A SCC 1B SUR 1A SUR 1B Surf clams BYA DAN DSU MDI MMI PDO SAE TUA 1A TUA 1B

17 Return of Caught Fish to the Sea 189 Under the QMS commercial fishers must land and report their catch unless the fish are undersized. However, some QMS stocks may be returned to the sea if they are likely to survive and the conditions of Schedule 6 are met. In these cases the returned fish do not count against the ACE. Those species addressed in this plan that can be returned to the sea are shown in Table 20. Table 20 Shellfish species listed in Schedule 6 of the Fisheries Act QMA (Only QMAs in FMA1 are specified) Stock Cockle COC 1A, COC 1B, COC 1C Requirement A commercial fisher may return any cockle to the waters from which it was taken if (a) That cockle is likely to survive; and (b) The return takes place as soon as practicable after the cockle is taken. Dredge oyster OYS 1 A commercial fisher may return a dredge oyster of legal size to the waters from which it was taken if the scallop is likely to survive on return. Green lipped mussel GLM 1 A commercial fisher may return any green lipped mussel to the sea if it is likely to survive on return. Knobbed whelk KWH 1 Pipi PPI 1A, PPI 1B, PPI 1C A commercial fisher may return any knobbed whelk to the waters from which it was taken if (a) That sea cucumber is likely to survive; and (b) The return takes place as soon as practicable after the sea cucumber is taken. A commercial fisher may return any pipi to the waters from which it was taken if (a) That pipi is likely to survive; and (b) The return takes place as soon as practicable after the pipi is taken Sea cucumber SCC 1A, SCC 1B A commercial fisher may return any sea cucumber to the waters from which it was taken if (a) That sea cucumber is likely to survive; and (b) The return takes place as soon as practicable after the sea cucumber is taken. Scallop SCA 1A A commercial fisher may return a scallop of legal size to the waters from which it was taken if the scallop is likely to survive on return. Surf clams (all 7 species) BYA 1, DAN 1, DSU 1, MDI 1, MMI 1, PDO 1, SAE 1 A commercial fisher may return any surf clams to the waters from which it was taken if (a) That sea cucumber is likely to survive; and (b) The return takes place as soon as practicable after the sea cucumber is taken. 43

18 190 At the time of writing this plan, MFish was reviewing whether or not paddle crab caught by pots should be included on the Sixth Schedule. Moratorium on New Permits 191 Schedule 4C of the Fisheries Act lists those species and areas where MFish has placed a moratorium on the issuance of new fishing permits (See Table 21). Access to a fishery or a stock listed on this Schedule for commercial purposes would require a legislative amendment. Table 21: Species covered by this plan listed on Schedule 4C. Stock Species FMA Black mussel Hemigrapsus edwardsii FMA 1-10 Blue mussel Mytilus galloprovincialis FMA 1-10 Cats eye Turbo smargadus FMA 1-10 Limpets Cellana ornate, Cellana radians, Notoacmea FMA 1-10 scopulina Mud snail Amphibola crenata FMA 1-10 Top shells Family Trochidae, Melagraphia aethiops, FMA 1-10 Diloma zelandica, D. arida, D.subrostrata, D. bicanaliculata Whelks Thia Orbita, Lepsiella scobina scobina, FMA 1-10 Haustrum haustorium, Cominella adspersa, C. maculosa, C. glandiformis, Austrofusus glans, Penion dilatatus, Struthiolaria papulosa Sponges Phylum porifera FMA 1-10 Crabs Family Grapsidae; Common rock crab, Hemigrapsus edwardsii, Hairy handed crab, H. crenulatus, Northern smooth shore crab, Cyclograpsus insularum, Purple rock crab, Leptograpsus variegates, Red rock crab, FMA 1-10 Plagusia chabrus, Smooth shore crab, Cyclograpsus lavauxi, Tunnelling mud crab, Helice crassa Non-commercial Fishing 192 Section 21 of the Fisheries Act requires that in setting any TACC for any quota management stock, the Minister shall have regard to the TAC for that stock and shall allow for Maori customary non-commercial fishing, recreational interests and all other sources of fishing-related mortality. In making these allowances, difficulties arise in the determination of when are Maori undertaking customary fishing and when are they undertaking recreational fishing. The following sections of this report are entitled Recreational Sector and Customary Sector. In both cases, information on the level of fishing is poor and generally any information from recreational fishing surveys is likely to contain a mix of data from both recreational and customary fishing. 44

19 Recreational Sector Profile of recreational sector 193 Recreational shellfish harvest on the North-East coast is significant in terms of stock management. The key species of interest for recreational fishers by weight of QMS allocation are pipi, kina, green lipped mussel, tuatua and cockle. To some extent this may reflect availability of these resources. 194 In recent years New Zealand has undergone a shift in ethnicity. This change has brought with it changes in the behaviours of fishers. Many species which were previously not harvested are now desirable. Use 195 In establishing the TACC, an appropriate allowance is set for each of the sectors. The recreational fishery is an open access fishery. Recreational fishing is available to all New Zealanders and accordingly there are no restrictions on access and participation. Hence, unlike commercial fishing where access restrictions apply, MFish cannot control the number of harvesters as a means to control overall harvest levels. 196 Unlike the commercial sector, recreational fishers are not required to report the quantities of shellfish they catch. In order to estimate the total recreational catch, a number of surveys have been undertaken. Table 22 shows estimates of recreational catches from North-East shellfish stocks. These estimates are derived from information obtained in diary surveys where a randomly identified group of recreational fishers kept diaries for 12 months. Nationwide surveys were done in 1996 and Of concern to MFish is the level of accuracy of the survey results. The 1996 estimates are unreliable due to a methodological error. Estimates from the 1999/2000 and 2000/2001 surveys for some fish stocks were considered too high to be credible. Table 22: FMA 1 recreational shellfish harvest from survey results. Survey Cockle (1000s) Pipi (1000s) Kina (1000s) Tuatua Green lipped Mussel (1000s) , , ,400 6, , ,330 7, Setting aside these questions, the estimates shown in Table 25 are useful as indicators of the likely magnitude of the total recreational catch of North-East shellfish stocks and for comparing the relative amounts of different species taken by recreational fishers. 199 A more recent survey of cockle and pipi harvesting undertaken in 2002 targeted nine beaches within FMA 1. This survey estimated the annual numbers harvested and annual weight harvested at each beach. These figures are shown in Table

20 Table 23: Annual recreational harvest estimates for nine locations in FMA 1. Estimated annual harvest of cockle Estimated annual harvest of pipi Location Numbers Weight (kg) Numbers Weight (kg) Otumoetai ,163 15,389 Waotahi 11, ,926,310 34,241 Whangamata 403,102 8,113 1,275,861 27,488 Tairua 111,119 1, ,073 13,613 Umupuia 1,823,870 29, Mangawhai 141,422 2,732 70,322 1,946 Whangarei 731,625 15, Te Haumi 98,753 1, ,490 20,233 Little Waihi 222,972 3,555 7,540,718 95,231 Relative Importance of FMA 1 Fisheries 200 The top half of the North Island is home to approximately half of New Zealand s population. Accordingly there is a strong interest in recreational fishing. This is reflected in the recreational allowances made under the QMS. Table 24 shows the recreational allowances made for the top six recreational species and compares this to the TAC for each QMA and to the total national recreational allowances for each species. Where the recreational allowance nears 50% of the TAC for that particular stock, this indicates that the fishery is largely non-commercial. Table 24: Relative importance of FMA 1 stocks to recreational fishing. Stock Recreational allocation (t) TAC for Stock (t) Recreational allocation as percentage of QMA TAC Total national recreational allocation (t) Stock recreational allocation as percentage of national recreational allocation COC 1A % % COC 1B % % COC 1C % % GLM % % PAD % 74 27% PPI 1A % % PPI 1B % % PPI 1C % % SUR 1A % % SUR 1B % % TUA 1A % % TUA 1B % % 46

21 Controls 201 Controls on recreational catch are attained through daily bag limits, minimum sizes, gear controls, season and area restrictions. These are outlined in Table 25, however, for the shellfish stocks covered by the plan, the main method of control is bag limit. 202 Controls on recreational catches are implemented through the Fisheries (Amateur Fishing) Regulations 1986 and the Fisheries (Auckland and Kermadec Areas Amateur Fishing) Regulations The former regulations contain rules that apply nation wide. The Auckland and Kermadec regulations contain rules that apply to Auckland and Kermadec Fishery Management Areas, see Figure 12. A copy of the relevant regulations are contained in Table 28. Figure 12: Auckland and Kermadec Fishery Management Areas. Auckland Coromandel Area. 203 In recognition of the harvesting pressure within the Auckland region, which holds approximately one third of New Zealand s population, in 1999 MFish introduced reduced bag limits for the Auckland Coromandel Area, see Figure 12. Table 24 below shows the bag limits and size restrictions in the Auckland and Kermadec Fishery Management Area and the Auckland Coromandel Area. Table 25: Daily bag and size limits for shellfish species on the North-East coast of the North Island. Daily limit per person Auckland & Kermadec Fishery Management Areas Daily limit per person for the Auckland Coromandel Area Shellfish species Minimum size Cockle None Kina None Green-lipped mussels None Oyster, dredge mm Oyster, rock & Pacific None Pipi None Tuatua None Toheroa Prohibited Prohibited Prohibited All others (combined) None 47

22 Value 204 The values that recreational fishers hold for shellfish resources are likely to be varied. Through the fishery plan process, MFish intends to work with recreational fishers to determine what these values are so that MFish can manage the resource to achieve these values. Customary Sector Profile of customary sector 205 A large number of different iwi and hapu groups have links to the North-East coast. The shellfisheries of FMA 1 are very significant to Maori. The ability of Maori to provide kaimoana at cultural occasions is fundamental to the maintenance of their mana. The framework in which customary fishing occurs today is outlined further below. 206 Traditionally, customary Maori fishing encompassed a range of activities, including: Sustaining active protection and kaitiakitanga (environmental guardianship); Day-to-day papakäinga use, in which the fishing whanau (family) was responsible for collecting seafood for the papakäinga (village) on a regular basis, maybe 2-3 times per week (when in season); Seafood collected on behalf of extended kin living inland or elsewhere; Seafood collected as an exercise of manaakitanga (hospitality) for visitors; Provision of seafood for guests to support the mana of the marae; Seafood collected for hui/tangi. Legislative provisions to enhance Maori participation Fisheries Act The Fisheries Act 1996 and related regulations contain a variety of provisions to enable participation by Maori in fisheries use and management. The Act provides for the establishment of Taiapure Local Fisheries and in section 186A, temporary closures. Taiapure - Local Fisheries 208 Taiapure - local fisheries are established by section 174 of the Fisheries Act Taiapure are for the recognition of rangatiratanga and of the right secured in relation to fisheries by Article II of the Treaty of Waitangi in relation to waters that have been of customary significance to iwi or hapu either as a food source or for spiritual or cultural reasons. However, any person may apply for a taiapure. Taiapure allow for a management committee to be established and for the creation of regulations specific to that taiapure. Commercial fishing may be excluded. 209 To date, two taiapure - local fisheries have been established in FMA 1; Waikare Inlet (Bay of Islands) and Maketu (Bay of Plenty). A management committee for each taiapurelocal fishery has been appointed. No area specific regulations have been proposed. Local Area Closures 210 Section 186A Fisheries Act enables the Minister to temporarily close any area of New 48

23 Zealand s fisheries waters, excluding the South Island fisheries waters, in respect of any species of fish, or aquatic life or seaweed. Such closures generally occur in response to shellfish depletion concerns and have often been accompanied by rähui. There are two existing closures with FMA 1, at Ohiwa Harbour and at Mount Manganui. Both these closures are for green lipped mussels. Fisheries (Kaimoana Customary Fishing) Regulations The Fisheries (Kaimoana Customary Fishing) Regulations 1998 provide for the establishment of rohe moana or areas over which particular tangata whenua hold manawhenua and manamoana. Rohe moana are formally recognised by Gazettal. Once a Rohe moana is established, Tangata Kaitiaki/Tiaki may be appointed. Tangata Kaitiaki/Tiaki may issue permits for customary fishing which enable holders to take fish for customary purposes outside the confines of the amateur fishing regulations. 212 To date, Tāngata Kaitiaki/Tiaki have been appointed for seven rohe moana within FMA 1. These include: Nga Hapu o Taiamai ki te Marangai Ngaiterangi, Ngati Ranginui and Ngati Pukenga (Tauranga Moana Iwi Customary Fisheries Working Committee) Te Runanga o Ngati Awa Ngai Tai Iwi Kaiao Hapu Te Whanau a Maruhaeremuri Hapu Trust, and Tapaeururagi (Potaka Marae Committee). 213 For those iwi and hapu groups who have not yet gazetted their rohe moana or appointed Tāngata Tiaki under the customary regulations, the customary right is exercised through provisions available under the amateur fishing regulations and the Fisheries Act. In particular, Regulation 27 and 27A of the Fisheries (Amateur Fishing) Regulations 1986 provide for customary take outside the general provisions for amateur take. Regulation 27 provides for customary take, except for the purposes of hui or tangai, whereas regulation 27A provides for customary fishing for hui and tangi only. Such permits may be issued by specified persons only. Mataitai Reserves 214 Mataitai reserves are established through regulation 23 of the customary fishing regulations. Generally mätaitai are associated with traditional fishing grounds and are areas where commercial fishing is excluded unless specific provision is made. 215 One mätaitai reserve has been declared within FMA 1 at Raukokore in the rohe moana of Te Whanau-a-Maruhaeremuri Hapu Trust. Commercial fishing is prohibited within the Raukokore mätaitai reserve. No customary fishing may take place in the reserve without the authorisation of Tangata Kaitiaki/Tiaki. There are no by-laws in place for the Raukokore Mätaitai Reserve. Recreational fishing continues under the amateur fishing regulations until such time as by-laws are introduced. 49

24 Use 216 Information on the level of customary use of shellfish fisheries is poor, however, there is no question about the importance of shellfish resources to Maori. Table 26 shows the current allowances for customary fishing and compares these to total national allowances. 217 MFish has undertaken a number of recreational surveys, however, these do not provide any reliable information on the level of customary harvest. 218 There are requirements for reporting of cultural harvest under permits. This information is limited in its application as it covers permits issued rather than actual take. MFish is developing a database to hold and manage this information. Table 26: Allowances for customary fishing for FMA 1. Customary allocation as percentage of QMA TAC* Total national customary allocation (t) Stock customary allocation as percentage of national customary allocation Stock Customary allocation (t) TAC for Stock (t) COC 1A % % COC 1B % % COC 1C % % GLM % % PAD % 31 32% PPI 1A % % PPI 1B % % PPI 1C % % SUR 1A % % SUR 1B % % TUA 1A % % TUA 1B % % * Generally a figure approaching 50% indicates a stock that is largely non commercial. Value The value customary fishers place on the fishery cannot be decided by MFish. The value will be determined by discussion with tangata whenua as this plan is developed. Non-extractive Users 219 There is a growing interest in shellfish resources from non-extractive groups. Many of these groups are concerned about trophic relationships and the interconnectedness of species. Concerns is likely to be expressed at harvesting methods that may have the potential to generate adverse effects on the benthic environment. Shellfish are also seen by many as a key environmental indicator of the health of the marine environment. Value The value non-extractive users place on the fishery cannot be decided by MFish. The value will be determined by discussion with these groups as this plan is developed. 50