The Fishing Industry and the Kermadec Ocean Sanctuary:

Transcription

1 WWF-New Zealand Level 6 Davis Langdon House 49 Boulcott Street Wellington 6011 Tel: The Fishing Industry and the Kermadec Ocean Sanctuary: Separating the Rhetoric from the Reality Briefing, June 2016 The Kermadec Ocean Sanctuary represents a significant potential contribution not only to conservation in New Zealand, but globally. The fully no-take Sanctuary would cover one of the last near-pristine regions of ocean in the world an international biodiversity hot-spot. With negligible impact on fishing the Kermadec area covers 15% of New Zealand s exclusive economic zone (EEZ), but accounts for only 0.004% of the value of New Zealand s fish catch (around $160,000) the Sanctuary offered an opportunity for New Zealand s fishing industry to demonstrate a clear commitment to best practice ocean management. Instead, the fishing industry has chosen to attack the Sanctuary proposal, launching two legal challenges in the process. In support of its argument against the Sanctuary, the industry has made a series of highly questionable claims about what the Sanctuary will and won t do. WWF-New Zealand believes that the Kermadec Ocean Sanctuary is too important to allow the fishing industry s inaccurate claims to cause confusion and uncertainty. Briefing purpose This briefing aims to highlight the rhetoric and explain the reality, so that those involved in important discussions and decision-making have accurate information. Specifically, this briefing will examine the following four industry claims: 1. Several species of tuna are only available in the Kermadec region at certain times of the year, so the Sanctuary will deny the industry the ability to catch these fish for part of the year. 2. The Sanctuary will deny the industry the ability to catch 66 other species of fish/shellfish, thus expropriating fishing rights. 3. The Sanctuary is not consistent with New Zealand s obligations under the United Nations Convention on the Law of the Sea. 4. The fully no-take Sanctuary is not needed to meet New Zealand s obligations under the Convention on Biological Diversity because a Benthic Protected Area (BPA) already exists in the region and BPAs are an adequate contribution to marine protection. 1

2 Contents The Fishing Industry and the Kermadec Ocean Sanctuary... 1 Briefing purpose Industry claims about Tuna in the Kermadec region Industry claims about FMA 10 fish Industry claims about UNCLOS Industry claims about Benthic Protection Areas References... 6 Appendix 1: Tuna fishing and the Kermadec Ocean Sanctuary... 7 Summary of findings - the presence of Tuna in New Zealand s EEZ... 7 Bigeye tuna (thunnus obesus)... 8 Southern bluefin tuna (thunnus maccoyii) Yellowfin tuna (Thunnus albacares) Appendix 2: MPI OIA response: presence of tuna in New Zealand Waters... Appendix 3: Analysis of Industry s claim about the 66 species of fish/shellfish in FMA

3 1 Industry claims about Tuna in the Kermadec region Claim: Te Ohu Kaimoana has claimed that several species of tuna are only available in the Kermadec region at certain times of the year, so the Sanctuary will deny the industry the ability to catch these fish for part of the year. At the 2016 Māori Fisheries Conference, Jamie Tuuta (Director of TOKM) stated: What iwi are missing out on are the rights to catch the highly migratory species the tunas yellow fin, big eye, southern bluefin during the four months of the year that they are in the Kermadec zone they aren t anywhere else in the rest of our EEZ during that time. Reality: The Government s National Aquatic Biodiversity Information System (NABIS) data shows that all three species are present in New Zealand waters outside of the Kermadec Ocean Sanctuary. This data also shows that bigeye tuna is caught year round outside the Kermadec region. A response by the Ministry for Primary Industries (MPI) to an Official Information Act (OIA) request made by WWF-New Zealand also clarifies that both yellow fin and southern bluefin tuna are caught outside the Kermadec region all year around. Please see Appendix 1 for detailed evidence and analysis of government data about presence of tuna in New Zealand waters. Additionally, Appendix 2 provides the MPI s OIA response about the presence of tuna in New Zealand waters. 2 Industry claims about Fisheries Management Area 10 fish Claim: The industry has claimed that the Kermadec Ocean Sanctuary will deny the industry the ability to catch 66 other species of fish/shellfish, thus expropriating fishing rights. In a recent press release, the New Zealand Fishing Industry Association stated: Sixty-six species are managed under quota in the Kermadec area the Government proposes to close - stocks in Fisheries Management Area 10. The Government s current proposal to unilaterally superimpose a no take area beyond the 12 mile zone (already an agreed no-take area) would serve confiscate [sic] the rights and extinguish the economic potential from sustainable fishing throughout 15 % of New Zealand s exclusive economic zone 1. Reality: MPI data shows that 40 of the 66 species listed by the fishing industry do not occur in the region, and the existence of another nine is uncertain, and therefore no quota has been allocated. Of the 17 species left, nine cannot currently be caught either due to existing marine reserves surrounding the islands or the Benthic Protected Area covering Fisheries Management Area(FMA) 10. This leaves eight species of fish, none of which are being commercially fished according to MPI data. 2 The fact is that 30 years after the Quota Management System was introduced, no commercially viable fishery has been established in this area, and so only a nominal quota has been allocated. 1 See: 2 WWF-New Zealand has reviewed the Ministry for Primary Industries Plenary documents for all eight species and none of these species have been caught in FMA10 for at least the past 10 years. 3

4 3 Industry claims about UNCLOS Claim: The industry has claimed that the Sanctuary is not consistent with New Zealand s obligations under the UN convention on the Law of the Sea. In a press recent release, the New Zealand Fishing Industry Association stated: The [Kermadec Ocean Sanctuary Bill] Cabinet paper further fails to address whether the sanctuary can be lawfully established by New Zealand under UNCLOS. In the companies view it cannot be 3. Reality: The legality of establishing marine protected areas in New Zealand s exclusive economic zone (EEZ) is clear. The United Nations Convention of the Law of the Sea (UNCLOS) has given New Zealand responsibilities to protect and preserve the marine environment. 4 Creating marine protected areas like the Kermadec Ocean Sanctuary is therefore entirely consistent with New Zealand s obligations under UNCLOS. Other countries, including Australia, USA, Chile and UK have created marine protected areas in their own EEZs and none of these have been considered to be incompatible with UNCLOS. Potential legal issues including the need to enable the maintenance or construction of deep sea cables, and the thoroughfare of foreign state vessels has been appropriately dealt with in the Kermadec Ocean Sanctuary Bill in clause 10 and clause 7 respectively. 4 Industry claims about Benthic Protection Areas Claim: The industry claims that the fully no-take Kermadec Ocean Sanctuary is not needed to meet New Zealand s obligations under the Convention on Biological Diversity because a Benthic Protection Area (BPA) already exists in the region and BPAs are an adequate contribution to marine protection. In its April press release, the New Zealand Fishing Industry Association stated: The Cabinet paper underpinning the development of the Bill erroneously advises that the sanctuary would significantly help New Zealand towards meeting our obligations under the CBD Aichi Target 11. New Zealand already complies with and, in fact, has exceeded this agreed Target [with the BPAs]. Biodiversity in the Kermadecs region is already protected and is not at risk. Reality: Analysis by government and expert scientists shows that the BPAs do not fulfil New Zealand s obligations to protect marine biodiversity within its marine jurisdiction because: 1) they do not protect representative marine habitats, and 2) they have limited biodiversity conservation value. Expert advice from the Ministry for the Environment (MfE) in 2015 found that New Zealand s progress towards meeting our international obligations 5 and National Biodiversity Strategy and Action Plan (2000), depends on whether New Zealand has adequately protected representative habitats (MfE, 2015). MfE 3 See: 4 UNCLOS Part XII article 192, 194, and 56(1) (b) (iii) oblige coastal States to protect the marine environment in their own Exclusive Economic Zones (EEZs). Article 192: States have the obligation to protect and preserve the marine environment. Article 193: States have the sovereign right to exploit their natural resources pursuant to their environmental policies and in accordance with their duty to protect and preserve the marine environment. 5 The United Nations Convention on the Law of the Sea (UNCLOS) gives New Zealand obligations to protect the EEZ as well as rights to sustainably use it. Commitments to the Convention of Biological Diversity require New Zealand to protect representative habitats in the deep sea. 4

5 advised the Minister for the Environment that the BPAs do not protect representative examples of bioregions. 6 BPAs will never fulfil New Zealand s obligation to protect representative habitats in the ocean because they are restricted to protecting benthic habitats from fishing impacts, and do not protect against impacts of oil and gas exploration or mining, and they do not protect habitats in the water column. Important habitats and biodiversity within the water column associated with currents, depth and temperature stratifications, and geological/geographical features, must also be protected. BPAs also do not contain representative habitats because the design of the BPAs was largely ad hoc, based on quantitative information from fishers rather than scientific data about biodiversity (Leathewick, 2008). 7 Decisions were driven by objectives to minimise the impact on fishing. The Department of Conservation (DOC) recognises that the BPAs have limited conservation value. DOC explained in a 2015 letter to WWF-New Zealand and The Pew Charitable Trusts that the New Zealand Government does not consider the BPAs to meet the definition of marine protected areas (MPAs) in New Zealand policy or legislation because they do not meet sufficient biodiversity conservation value (defined as the protection standard in the Marine Protected Area Policy 8 ). The letter states: For domestic MPA planning purposes, BPAs do not meet the MPA Policy protection standard to be considered Type 1 or 2 MPAs (DOC, 2015). 9 6 The Ministry for the Environment s advice to their Minister (in June 2015) about New Zealand s comparative progress towards achieving international obligations with respect to marine protected areas was: A view about the extent of marine protection in New Zealand and how we compare internationally depends on whether Benthic Protected Areas (BPAs) are considered part of our marine protection network. New Zealand s reporting on the extent of marine areas under protection has varied, primarily over whether BPAs are included. We believe that protection of representative examples of bioregions is the key indicator of the effectiveness of New Zealand s marine protection regime. On this basis New Zealand s current marine protection is well below average when compared to international standards and the performance of other countries, notably Australia and the United States. (MfE, 2015) 7 Knowledge about what biodiversity is actually protected in the BPAs remains very limited (Clark, 2014). However, NIWA and the Government are currently developing a methodology to build knowledge about what lives within the BPAs and to assess their conservation value. This project is being undertaken by NIWA (Project: ZBD Benthic Protection Areas) (MPI, BRAG meeting 20 April 2016) The fact that New Zealand reports the BPAs as marine protected areas for the purpose of our international reporting to the Convention of Biological Diversity (CBD) and the United Nations Environment Programme (UNEP) is contrary to our national policies. 5

6 5 References Clark, M., Leduc, D., Nelson, W., Mills, S. (2014) Benthic invertebrate data within New Zealand's Benthic Protection and Seamount Closure Areas. NIWA (the National Institute of Water and Atmospheric Research) client report WLG Department of Conservation (2015) Letter to Peter Hardstaff and Bronwen Golder re: the definition of MPAs in New Zealand. Dated 16/01/2015. DOC file reference: DOCDM , CE 056. Leathwick, J., Moilanen, A., Francis, M., Elith, J., Taylor, P., Julian, K., Hastie, T., Duffy, C. (2008) Novel methods for the design and evaluation of marine protected areas in offshore waters. Conservation Letters 1: Ministry for the Environment (MfE) (2015). Advice to the Minister for the Environment, Nick Smith. New Zealand s international obligations and comparative progress regarding Marine Protected Areas. 18/06/15 Tracking #: 15- B

7 Appendix 1: Tuna fishing and the Kermadec Ocean Sanctuary One of the key arguments made by Te Ohu Kaimoana (TOKM), against the Kermadec Ocean Sanctuary is that some tuna species are only available within the Sanctuary area at certain times of year. At the 2016 Māori Fisheries Conference, Jamie Tuuta (Director of TOKM) stated: What iwi are missing out on are the rights to catch the highly migratory species the tunas yellow fin, big eye, southern bluefin during the four months of the year that they are in the Kermadec zone they aren t anywhere else in the rest of our EEZ during that time 10. Most fish species in the Quota Management System are managed on an area-by-area basis. This means that the annual entitlement to catch snapper, for example, in one Fisheries Management Area (FMA) cannot be transferred to another FMA. In contrast, the quota for highly migratory fish like the tuna species is managed on an exclusive economic zone (EEZ)-wide basis and is therefore not restricted to specific FMAs. This means that the annual entitlement to catch tuna is transferrable between FMAs so can be caught anywhere in the EEZ. This document provides a brief analysis of the best available information from the National Aquatic Biodiversity Information System (NABIS), Ministry for Primary Industries Fisheries Plenaries, and fishing industry data (from the Trident Fisheries of New Zealand information system). It clearly shows that the claim about the presence of tuna is factually incorrect. We outline where the relevant tuna species swim in New Zealand waters, and when and where they are fished. The data shows that all of these tuna species are present in several of New Zealand s FMAs, and are not limited to FMA 10. This means that if catch limits are increased in the future, the creation of the Kermadec Ocean Sanctuary will not impede expansion of tuna fishing. In fact, the majority of the tuna catch occurs within the New Zealand EEZ outside the proposed Sanctuary. Summary of findings - the presence of tuna in New Zealand s EEZ All species of tuna referred to by TOKM are present in New Zealand waters outside the proposed Kermadec Sanctuary. Bigeye tuna Bigeye tuna are present in New Zealand s EEZ throughout the year. They are more widely distributed during summer (north of Taranaki Bight on the west coast and along most of the east coast). They occupy a smaller area within our EEZ during winter, but are still present north of the Bay of Plenty. Catch records show that bigeye tuna is caught throughout the year off North Island s north and northeast coasts. Southern bluefin tuna Southern bluefin tuna are seasonally present in New Zealand fisheries waters, where they form the basis of a fishery off the west coast of the South Island and the east coast of the 10 Speech by Jamie Tuuta to Māori Fisheries Conference: 7

8 Yellowfin tuna North Island. Southern bluefin are least present during spring, but can still be found off the east coast of New Zealand. In the New Zealand region, yellowfin tuna occurs from tropical waters off the North Islandin the north to about 38 degrees south off the west coast, and 41 degrees south off the east coast. Hotspots occur above the Kermadec and Colville Ridges, west Northland, and Bay of Plenty. Yellowfin occupy less of the New Zealand EEZ during winter, as they move further north. However, they are still present within the EEZ outside the QMS10 (the Kermadec region). The findings for southern bluefin and yellowfin are backed up by the Ministry for Primary Industries, which states in their Official Information Act (OIA) response: Based on the catch information, we can confirm that both southern bluefin tuna and yellowfin tuna have been caught in every month of the year outside of FMA10. The proportion of the yellowfin tuna catch from FMA 10 in August and September is higher over those months. Over the period evaluated, the yellowfin tuna catch from FMA 10 represents 9.42% of the overall catch for that species while the southern bluefin catch in FMA 10 is less than 1% of the total catch. (MPI, OIA Response, 20 May 2016). Please see the full OIA response in Appendix 2. Bigeye tuna (thunnus obesus) (Note: currently listed as vulnerable in IUCN s threatened species classification) Where bigeye tuna swim in New Zealand waters Map 1 shows the annual distribution of bigeye tuna in New Zealand waters. 11 Bigeye tuna occur from tropical waters to the North Taranaki Bight off the west coast and north of Cook Strait off the east coast of the North Island. In New Zealand waters, nearly all bigeye tuna are found seaward of the 1000 m contour. The known depth range is m. The seasonal movement of bigeye tuna is southwards in summer months with most bigeye tuna occurring north of about 38 degrees south on the west coast and about 40 degrees south on the east coast. The southern extent of the distribution retracts northward as surface waters cool and reach their northern-most extent in winter. Bigeye distribution is represented on the map below (created by National Aquatic Biodiversity Information System/NABIS). The NABIS bigeye distribution map is based on data from: commercial trawl fishing returns; Trawl Catch Effort and Processing Returns/TCEPR and Trawl Catch Effort/ TCE forms; scientific observer records from commercial vessels; tuna longline fishing returns/tlcer forms; and scientific observer records from tuna longline vessels pdf 8

9 Map 1: Annual Distribution of Bigeye Tuna (NABIS) 12 In winter, the distribution of bigeye tuna retracts further northwards and they occur mostly north of 34 degrees south to the west of New Zealand, and along the north-east coast of the North Island to south of East Cape (about 37.5 o S) f 9

10 Map 2: Winter Distribution of Bigeye Tuna (NABIS) 14 Where bigeye tuna are fished The majority of bigeye tuna (88%) are caught in the bigeye tuna target surface longline fishery throughout the year off the north and east coast of New Zealand

11 Map 3: Catch Percentage by Area of Bigeye Tuna 16 Graph 1: Bigeye surface longlining catch per unit of effort (kg/day) 17 Southern bluefin tuna (thunnus maccoyii) (Note: currently listed as critically endangered in IUCN s threatened species classification 18 ) Where southern bluefin tuna swim in New Zealand waters Southern bluefin tuna are seasonally present in New Zealand fisheries waters, where they form the basis of a fishery off the west coast of the South Island and the east coast of the North Island. Map 4 shows that in the New Zealand region, they occur from north of the Three Kings Islands to south of the Auckland Islands. The known depth range of southern bluefin tuna is metres deep. Data collected for NABIS shows that southern bluefin tuna move into New Zealand waters from the south-west in summer. They rapidly spread through the EEZ to reach their maximum northwards extent in the autumn. Since the catch of southern bluefin tuna is governed by a competitive quota, 16 Map from Fisheries of New Zealand : 17 Graph taken from Fisheries of New Zealand : 18 Spawning stock biomass estimated to be about 5%B0. The stock is not projected to rebuild under current catch levels. (MPI, 2009, Fisheries Plenary, 11

12 little fishing takes place after June, and hence its distribution in periods other than autumn is poorly determined. 19 Annual hotspots for southern bluefin tuna occur around the southeast and west of the South Island and from the Bay of Plenty to Cook Strait in the North Island. Southern bluefin are least present during spring, but can still be found off the east coast of New Zealand. Map 4: Annual Distribution of Southern Bluefin Tuna (NABIS 20 ) 19 a%20lineage.pdf

13 Map data sources: The primary sources of distributional data for southern bluefin tuna used to generate the NABIS map below were: commercial trawl fishing returns (TCEPR and TCE forms); commercial fishing returns (smaller vessels) (Catch Effort and Landing Return/CELR database); scientific observer records from commercial vessels (Centralised Observer Database/COD database); tuna longline fishing returns (TLCER forms); and scientific observer records from tuna longline vessels (l_line database). Where southern bluefin tuna are fished The data suggest that southern bluefin tuna are fished off the west coast of the South Island and the east coast of the North Island between March and September. Southern bluefin tuna are caught in FMA1, FMA2, FMA5 and FMA7. The northern FMAs (FMA1 and FMA2), that accounted for a small proportion of southern bluefin tuna before 1998, have in recent years accounted for about the same amount of southern bluefin tuna as the southern FMAs (FMA5 and FMA7). This change in spatial distribution of catches can be attributed to the increase in domestic longline effort in the northern waters. 21 Map 5 Catch Percentages by Area of Southern Bluefin Tuna Ministry for Primary Industries/ MPI, 2015 Fisheries Plenary STN_2015_FINAL.pdf.ashx 22 taken from Fisheries of New Zealand : 13

14 Yellowfin tuna (Thunnus albacares) (Note: currently listed as near threatened in IUCN s threatened species classification) Where yellowfin tuna swim in New Zealand waters In the New Zealand region, yellowfin tuna occurs from tropical waters in the north to about 38 degrees south off the west coast and 41 degrees south off the east coast of the North Island (see map 6). Hotspots occur above the Kermadec and Colville Ridges, west Northland, and Bay of Plenty. 23 Data from tuna longline fishing returns (TLCER forms) and scientific observer records from tuna longline vessels (l_line database) databases were examined for seasonal variations in distribution. Juvenile yellowfin tuna are primarily found in tropical waters. Most yellowfin tuna found in New Zealand waters are adults larger than 100 cm fork length. They migrate southwards in summer, then return northward as surface waters cool, reaching their northernmost extent in winter. 24 Map 7 shows that in winter, yellowfin tuna retract further northwards, occurring mostly north of 34 degrees south on the west coast, and 39 degrees south on the east coast. Hotspots occur north of 30 degrees south along the Kermadec Ridge. 25 The primary sources of distributional data used for yellowfin tuna in the map below were TLCER forms and the l_line database pdf 24 pdf 25 pdf 14

15 Map 6: Yearly Distribution of Yellowfin Tuna (NABIS)

16 Map 7: Winter Distribution of Yellowfin Tuna (NABIS) 27 Where yellowfin tuna are fished The data suggest that yellowfin tuna are mainly caught as by-catch in the bigeye and Albacore tuna fisheries. The majority of yellowfin tuna are caught in the bigeye tuna surface longline fishery (68%). However, across all longline fisheries albacore make up the bulk of the catch (31%) and yellowfin tuna make up only 2% of the catch. Longline fishing effort is distributed along the east coast of the North Island and the southwest coast of the South Island. The west coast South Island s fishery predominantly targets southern bluefin tuna, whereas the east coast of the North Island targets a range of species including bigeye, swordfish, and southern bluefin tuna (MPI, 2015 Fisheries Plenary YFN 28 )

17 Map 8 Catch Percentages by Area of Yellowfin Tuna Map from Fisheries of New Zealand : 17

18 Appendix 2: Ministry for Primary Industries OIA response: presence of tuna in New Zealand waters

19 Appendix 3: Analysis of industry s claim about the 66 species of fish/shellfish in FMA 10 The 66 species the fishing industry claims it will be denied access to with the establishment of the Kermadecs Ocean Sanctuary, which will cover Fisheries Management Area (FMA) 10: Of the 66, those that are known or thought to actually exist in FMA10: Of the 26 species that are known and thought to actually exist in FMA10, those with quota allocated: Of the 17 species that are known or thought to actually exist in FMA10, those with quota allocated, that can be caught outside existing protected areas and not using bottom-trawling: Of the 8 species in FMA 10 with quota allocated that can be caught outside existing protected areas and not using bottom-trawling, those that are actually being commercially fished: Alfonsino Oreo Alfonsino Alfonsino Alfonsino None Anchovy Paddle crab Black cardinal fish Blue moki Bluenose Barracouta Parore Blue (English) mackerel Bluenose Hapuku and bass Black cardinal fish Paua Blue moki Gurnard Kingfish Blue (English) mackerel Pilchard Bluenose Hapuku and bass Ling Blue cod Porae Deepwater king crab Kahawai Red snapper Blue moki Prawn killer Frostfish Kingfish School shark Blue warehou Red bait Gurnard Ling Trevally Bluenose Red cod Hapuku and bass Lookdown dory Butterfish Red snapper Kahawai Orange roughy Note: marine reserves Deepwater king crab Ribaldo Kingfish Oreo Deepwater red crab Rig Leatherjacket Porae Elephant fish Rough skate Ling Red snapper Flatfish Ruby fish Lookdown dory Rig Frostfish Scampi Orange roughy School shark Garfish School shark Oreo Snapper Gemfish Sea cucumber Porae Trevally Ghost shark, dark Sea perch Red snapper already exist around the islands out to 12 nautical miles and there is a prohibition on bottom trawling in the whole region. Giant spider crab Silver warehou Ribaldo Note: none of these Green-lipped mussel Smooth skate Rig species has more than 10 Grey mullet Snapper Ruby fish tonnes of commercial Gurnard Spiny dogfish School shark quota allocated Hake Spiny rock lobster Sea perch Hapuku and bass Sprat Smooth skate The industry s specific claim is as follows: Sixty-six species are managed Hoki Squid Snapper Horse mussel Stargazer Trevally Jack mackerel Tarakihi John dory Trevally Note: the existence of at Kahawai Trumpeter least 10 of these species in Kina White warehou FMA10 is uncertain Kingfish Yellow eyed mullet Leatherjacket Note: these species are those for which quota is allocated in Ling Lookdown dory specific FMAs. Quota for highly migratory species is allocated and managed on an EEZ-wide basis. Orange roughy under quota in the Kermadec area the Government proposes to close - stocks in Fisheries Management Area 10. The Government s current proposal to unilaterally superimpose a no take area beyond the 12 mile zone (already an agreed no-take area) would serve confiscate [sic] the rights and extinguish the economic potential from sustainable fishing throughout 15 % of New Zealand s exclusive economic zone. See: Note: This 15% of New Zealand s EEZ accounts for only 0.004% of the value of NZ s commercial fish catch, and these are highly migratory tunas and swordfish for which the quota can be caught elsewhere in the EEZ.

20 ENDS