amendment of the recreational scallop fishing season

Executive Summary

1. Recreational scallop fisheries are closed by regulation from 15 February to 14 July each year. This closure is defined in regulation 24 of the Fisheries (Amateur Fishing) Regulations 1986 (the Regulations) and means that scallops can only be taken recreationally between 15 July and 14 February (both days inclusive).
   
2. The New Zealand Recreational Fishing Council (NZRFC) have advised the Ministry of Fisheries (MFish) that scallops at the start of the open season are, on average, small and in very poor condition in some areas. Further, the NZRFC have advised MFish that scallops tend to be in good condition as late as Easter each year, which is likely to be due to a significant scallop spawning event that generally occurs in autumn.
   
3. In order to leave the early season scallops to improve condition and potentially spawn again prior to being harvested, as well as take advantage of those scallops in good condition in later February and March, the NZRFC have requested that MFish consult with stakeholders on an option to change the recreational scallop season from 15 July – 14 February to 1 September – 31 March. This change would mark a seven week shift in the season, but would not change the actual number of days that the recreational season is open for.

Summary of Options

4. MFish is consulting on options to either:
   1. Amend regulation 24 of the Fisheries (Amateur Fishing) Regulations 1986 to shift the season when the recreational scallop fishery is closed from 15 February - 14 July (inclusive) to 1 April – 31 August (inclusive); or
   2. Maintain the existing closed season for recreational scallop fisheries (15 February - 14 July (inclusive)).

Background

5. Scallops are serial spawners, releasing millions of eggs each spawning season, which generally occurs from September to April. Scallops may spawn several times each year (although not all of these spawning events lead to successful spat settlement). Spawning from September to late December is thought to account for most new scallops entering the fishery.
   
6. Most scallops are sexually mature at about 60 mm, so they generally have at least one spawning season before reaching the minimum legal size that can be harvested recreationally and commercially. However, large, old scallops produce substantially more eggs and sperm than smaller scallops.
   
7. Recreational scallop fisheries in New Zealand are subject to a seasonal closure. Regulation 24 of the Fisheries (Amateur Fishing) Regulations 1986 (the Regulations) states that no person shall take or possess any scallops taken between the 15^th day of February and the 14th day of July (both days inclusive). This seasonal closure applies to all scallop fisheries except in the Southland Fisheries Management Area, where the scallop fishery is closed from the 16^th of March to the 30^th of September¹.
   
8. The closed season for the recreational scallop fishery is a moderately important management tool, limiting fishing effort to a part of the year and also protecting scallops for a period of time during which they are in poor condition. The open season is the time when scallops spawn and is meant to allow for the harvest of scallops in peak condition.
   
9. The commercial scallop open and closed seasons are the same as those in the recreational fishery for the reasons outlined above; except in the Coromandel scallop fishery which is only open for commercial fishing from 15 July to 21 December (inclusive)². This shortened commercial fishing season was introduced at the request of the Coromandel Scallop Fisherman’s Association due to their concerns about potential dredge damage to newly settled scallop spat in late December and January.
   
10. Commercial fishers generally work within a season to time their harvesting with peaks in scallop condition. This is particularly important because commercial catch limits are based on meat weight rather than shell weight.
    
11. Scallop seasons have been in place since the 1973/74 fishing year. Although the general timing of the open and closed season is important, the precise dates of the seasons are probably arbitrary.

Statement of the Problem and Need for Action

12. The NZRFC have advised MFish that recreational fishers are reporting that scallops at the start of the open season are, on average, small and in very poor condition. Condition in scallops is related to spawning activity, and the most significant spawning activity occurs much later in the season. Recreational fishers have also observed that scallops tend to be in good condition as late as Easter each year as a significant spawning event generally occurs in autumn.
    
13. In order to leave the early season scallops to improve condition and potentially spawn again prior to being harvested, as well as take advantage of those scallops in good condition in later February and March, the NZRFC have requested that MFish consult with stakeholders on an option to change the season when scallops can be harvested recreationally from 15 July – 14 February to 1 September – 31 March. This change in dates represents a shift in the season of seven weeks. While this shift would alter the timing of access to the recreational fishery, there would be no change to the actual amount of time recreational fishers could access the fishery.

Preliminary Consultation

14. MFish reviewed a series of recreational rules and regulations in 2005, as part of a commitment given to review recreational fishers’ top ten concerns within a three year timeframe. Following consultation with its members, the NZRFC provided MFish with a list of further issues of concern that they wanted to be considered for review in 2006.
    
15. A workshop was held on 24 March 2006 with NZRFC members and MFish staff, with the purpose of prioritising these issues and agreeing to three issues to be reviewed in 2006. A shift in the scallop open season from 15 July – 14 February to 1 September – 31 March was identified as a priority for review at this time.
    
16. There has been no preliminary consultation with other government agencies about this proposal.

Options for Management Response

Shift the recreational scallop season

17. Shifting the dates that the recreational scallop season is open for, from 15 July – 14 February to 1 September – 31 March, will require an amendment of r 24 of the Regulations. No changes are proposed where associated regional regulations specify a season different to that specified in the Regulations.
    
18. MFish considers that it is unlikely that shifting the recreational scallop season will have a significant impact on current recreational access or harvest levels because the actual length of the season is not changing. Further, the original scallop season dates set in 1973 were largely arbitrary and shifting the dates will not change the principle of the management regime (allowing the harvest of scallops in optimum condition, while protecting them when in poor condition).
    
19. However, MFish acknowledges that shifting the recreational scallop season may result in some increase in the current levels of take. Although most recreational harvesting occurs in the months of December and January, shifting the season from colder winter months to warmer autumn months may result in an increase in fishing activity. This is likely to be further compounded as better condition scallops will be available for harvest during this time, encouraging a greater level of participation. Despite the potential for increased harvest levels, MFish considers the minimum legal size limit, not the closed season, to be the most important management tool to ensure the sustainability of scallops. Therefore, MFish does not consider that the proposed change constitutes a sustainability risk.

Maintain the status quo

20. The alternative option is to maintain the status quo. MFish recognises that as the recreational scallop season has been in place for over 30 years, there is an “opening season” tradition in many areas. In addition, there may be some areas where particular regional fishery characteristics would not suit a shift in the current season. MFish is interested in stakeholder views on whether or not a shift in the season would benefit the recreational scallop fishery in their area.

Statement of Net Benefits and Costs of the Proposal to Stakeholders

Shift the recreational scallop season

Benefits

21. There will be benefits to recreational fishers as a result of this proposal, as access will be provided to good condition scallops in autumn where previously this did not occur. There are also likely to be stock benefits. Leaving the recreational season closed until September will allow scallops to improve condition and spawn at least once in the spring season prior to being harvested.

Costs

21. MFish is not aware of any particular values, social or biological, that exist in opening the recreational scallop season on the 15^th of July each year. However, the shift in timing of the season may result in an increase in participation in some scallop fisheries. This is not considered to represent a sustainability risk given the minimum legal size for scallops that exists, but catches could potentially increase as a result.

Maintain the status quo

Benefits

23. The benefit of retaining the status quo is that the scallop season has been in place for a very long time. There is likely to be a level of confusion in the recreational fishery if the dates are changed, particularly with respect to the start of the season.

Costs

24. No significant costs are expected with maintaining the status quo.

Administrative Implications

25. Resources will be required to change the Regulations. There will also be resource implications associated with raising public awareness of any regulatory changes made, including changes to current pamphlets and signage. The difference between seasons will mean that pamphlet and signage changes will need to occur in the three to four month period between the closure of the existing season but prior to the start of the new season. The need for new signs, and their cost, means the existing signage maintenance programme will need to be deferred until the new signage can be produced and installed nationally.

Compliance Implications

26. Changing the recreational scallop season will have significant compliance implications. The scallop season has been in place a long time, and a great deal of public relations activity will be required nationally to ensure people are aware of the change.

Other Considerations

27. The scallop season is both a sustainability measure (limiting fishing effort to a part of the year) and a utilisation tool (allowing harvest of scallops when they are in peak condition). Under section 11 of the Fisheries Act (the Act), the Minister must take into account a variety of issues prior to implementing or varying any such sustainability measure. The effects of fishing on scallops and the aquatic environment, any existing controls under the Act that apply to scallops, and the natural variability of scallops have been taken into account in developing this proposal. MFish does not consider these issues to be relevant to the recreational scallop fishing season.
    
28. Of particular relevance to this proposal is that MFish and stakeholder leaders are currently preparing a fisheries plan for the Coromandel Scallop Fishery (s 11(2A)(b)). While not yet approved under s11, it is likely that the Minister of Fisheries will be in a position to consider the fisheries plan by early-mid 2007. The closed season is a relevant management tool in the fishery and any changes to the season will be relevant to this fisheries plan and will need to be incorporated.
    
29. MFish considers that all other considerations under the Act have been taken into account in developing the proposal, and that the proposal is consistent with all obligations under the Act.

Proposal

30. It is proposed to either:
    1. Amend regulation 24 of the Fisheries (Amateur Fishing) Regulations 1986 to shift the season when the recreational scallop fishery is closed from 15 February - 14 July (inclusive) to 1 April – 31 August (inclusive); or
    2. Maintain the existing closed season for recreational scallop fisheries (15 February - 14 July (inclusive)

1 Fisheries (Southland and Sub-Antarctic Areas Amateur Fishing) Regulations 1991.

2 Fisheries (Auckland and Kermadec Areas Commercial Fishing) Regulations 1986.