Consultations
Completed Consultations & Final Decisions
Consultations from 2006
Review of Sustainability Measures
Review of Sustainability Measures and Other Management Controls for the 2006-07 (1 October) Fishing Year - Submissions
Paua (PAU 5A)
Appendix 1 - Statutory Considerations
Appendix 2 - Biological Characteristics

APPENDIX 1

Statutory Considerations

  1. In forming the management options for PAU 5A, the following statutory considerations were taken in account:
    1. Section 8: The management options seek to ensure sustainability of PAU 5A by setting a TAC for the first time. Utilisation is provided by way of setting a TACC and allowances for customary and recreational fishers.
    2. Section 13(2): The TAC under s 13 should be set at a level that moves the stock towards the level that can produce the maximum sustainable yield. The current assessment indicates that the current TACC and recent catches are not sustainable. Technical information in support of changes to the TAC is contained in Appendix 2, paragraphs 123-133).
    3. The stock assessment predicted that, at a TAC of 57 tonnes (option one), the probability of spawning and recruited biomass increasing by 2008 was 61% and 43%, and by 2010 was 81% and 71%, respectively.
    4. The assessment is dependent on the research diver survey index (RDSI) adequately indexing the biomass in the whole of PAU 5A. But this may not be the case as there has only been one RDSI survey in the northern zones (in George zone only in 2006) whereas there has been more comprehensive coverage in the southern zones (in South Coast and Chalky zones in 1996; in South Coast, Chalky, and Dusky zones in 2002 and 2006).
    5. As a result, the Plenary could not agree on applying the assessment projections to the whole of the PAU 5A stock. The Plenary agreed that current catches within the southern zones of PAU 5A will result in further depletion within that area.
    6. An option was considered for reducing the catches in the southern zones. For option two, at a TAC of 94 tonnes, the probability of spawning biomass in southern zones increasing by 2008 was 61%. The status of the biomass in the northern zones would remain uncertain, as it is not known whether current catches are sustainable.
    7. If the Minister is satisfied that there is sufficient uncertainty in the stock assessment that it provides no useful information on whether the PAU 5A stock is below, at, or above the BMSY he could consider retaining the existing TACC and not set a TAC or allowances.
    8. If the Minister is satisfied that there is sufficient uncertainty in the stock assessment he could consider a slower rate of rebuild taking into account industry voluntary initiatives. Industry has proposed a 45 tonnes catch reduction in southern zones, preferably by shelving of ACE. The35-53% probabilities obtained for this proposal indicate that spawning biomass in southern zones will remain the same or decline by 2008 compared to current biomass. The status of the biomass in the northern zones would remain uncertain, as it is not known whether current catches are sustainable. MFish considers a 45 tonne catch reduction is insufficient to meet the s 13(2)(b) obligations that requires a rebuild to move the stock towards being at or above the BMSY, for voluntary arrangements to be taken into account.
    9. The proposed TAC options are based on:
      1. Section 13(2)(b)(ii): The rebuild of the stock may be affected by environmental conditions where the exposed coasts and extreme weather conditions in Fiordland can result in larvae being flushed away before they settle, as well as poor survival of juvenile paua. The extreme conditions, therefore, are thought to contribute to the poor recruitment that is known to occur in the area.
      2. Section 13(2)(b)(ii): The biological characteristics of stock mean that paua are sedentary animals with a short larval phase, and populations are susceptible to local depletion. The exploitation rate in the commercial fishery was predicted to increase to an imposed upper bound of 65% in the next three to five years. As a consequence, the fishable biomass would continue to rely strongly on paua recruiting across the 125mm Minimum Legal Size (MLS) into the fishery. There is considerable risk in managing a paua stock under a very high exploitation rate because the recruited fishery relies on recruitment success of pre-recruits. Such stocks would be expected to decline if recruitment failed.
      3. Section 13(2)(a) or 13(2)(b) or 13(2)(c): While there are interactions between paua, kina, and seaweeds, there is no evidence that the interdependence of stocks are of significant magnitude to impact on the setting of the TAC.
    10. Section 13(3): There will be social and economic consequences from a reduction to the TACC. The precise extent of these effects has not been quantified and MFish is seeking detailed information from commercial fishers, through their submissions, on the economic impact of the proposed options of TAC/ TACC reductions.
    11. Despite a lack of detailed information, MFish considers that a reduced TACC will have a significant adverse economic impact on the PAU 5A industry through decreased revenue from the sale of paua. A decrease in export earnings will also result as a significant quantity of the PAU 5A catch is exported. This has the potential to lead to adverse employment and downstream economic implications to the fishing industry. There may be some effect on port prices, with a reduction having an obvious adverse effect on commercial paua fishers. Any increase in port price will lessen the economic impact.
    12. A further consequence of a reduced TACC may be an increase in quota trade prices. The economic impact on owners of large parcels of quota may be lessened if there was an increase in the capital value of quota.
    13. Although it is appropriate to take into account these social and economic implications of a reduction in TACC, M Fish believes there is an urgent need to halt the decline in stock biomass of the PAU 5A fishery and commence stock rebuilding. If measures are not taken, there is a high risk that the stock will continue to decline. This will have more serious long term social and economic implications.
    14. Shelving has been approved in some other paua fisheries as a short term measure to mitigate the socio-economic effects of a significant TACC reduction in a single year.
    15. The previous Minister’s decision letters of 7 September 2000 and 24 September 2001 indicated reservations about the use of shelving and, in particular, the reliance on this mechanism as a long term management option. However, the Minister accepted that a shelving arrangement is a relevant economic factor that he is required to take into account when making a decision as to the way in which a stock is rebuilt. Such an arrangement may usefully complement a decision relating to the setting of the T AC for a fishing year.
    16. The reduction in the TACC and the possible shelving of quota can be used to mitigate the full economic and social consequences for commercial fishers of a significant reduction of the TACC. It could provide an opportunity to adjust business activities to take into account the measures required to halt further decline in the fishery. MFish does not consider that it is their role to organise voluntary shelving arrangements for stakeholders. The TAC/TACC are effective tools for ensuring that sustainable levels of catch are taken, and shelving, and other such voluntary measures, must be stakeholder initiatives, with stakeholders taking responsibility.
    17. Section 11(1)(c): Paua stocks are sedentary in nature and are susceptible to exploitation. The PAU 5A fishery is in a period of low stock abundance. No “safe” exploitation rate has been determined for paua fisheries, but it is acknowledged there is considerable risk in managing a paua stock under high exploitation rate because the recruited fishery relies on recruitment success of pre-recruits. The proposed TACC (option two) is designed to achieve an exploitation rate of 19% by 2008 in the southern zones, compared with 65% if current catch levels continue.
    18. Section 9(a) and (b): The method for commercial harvest of paua in PAU 5A is hand-gathering while free-diving. Catch Effort and Landing Return data indicates that there is no bycatch of any associated or dependent species in this fishery. There is limited information to provide an assessment of the effects of harvesting paua on either biological diversity or associated and dependent species. While interactions between paua, kina (sea urchins), and seaweeds have been identified, there is no evidence that these interactions are of significant magnitude to impact on associated and dependent species, or on biological diversity.
    19. Section 9(c): Habitats of particular significance for fisheries management have been identified. It is considered unlikely that the hand gathering of paua would have demonstrable adverse effect on such habitats.
    20. Section 5(a) and (b): There is a wide range of international obligations relating to fishing. The provisions of general international instruments such as UNCLOS and the Fish Stocks Agreement have been implemented through provisions of the Fisheries Act 1996 and given effect here, for example, through s 13. There are no specific international obligations applicable to PAU 5A. The provisions of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 are adequately addressed in the management option s proposed for PAU 5A.
    21. Paua are not a taonga species listed in the Te Runanga o Ngai Tahu 1996 Act.
    22. Section 11(1)(b): For PAU 5A there are in place an existing TACC and a number of controls. These existing controls need to be considered when setting a TAC for PAU 5A:
      • A TACC of 148.98 tonnes.
      • A MLS of 125 mm for blackfoot paua, and 80 mm for yellowfoot paua.\
      • A bag limit for recreational fishers of 10 paua per person per day, and within the area covered by the Fiordland Marine Area (see paragraph 110cc) no accumulation of paua over several days of fishing is permitted.
      • A prohibition on the use of underwater breathing apparatus.
      • Paua must be taken by hand gathering.
      • Paua must be landed in a measurable state (unshelled).
      • No fishing seasons apply to commercial or recreational fishing of the PAU 5A fishery.
      • The internal waters of the fiords are closed by regulation to commercial fishing within the Fiordland Marine Area, but these closed areas have little effect on commercial fishing for paua.
    23. Section 11(2A)(b): There are no approved fisheries plans for PAU 5A.
    24. Section 11(2A) (a and c): There are no provisions applicable to the coastal marine area known to exist in any policy statement or plan under the Resource Management Act 1991, or any management strategy or plan under the Conservation Act 1987, that are relevant to the setting or varying of any sustainability measure for PAU 5A.
    25. Section 21(1)(a and b) and (4)(i and ii) and (5) statement: The nature of the fishery and the interests of the respective fishing sectors have been considered in proposing the TACC and allowances for recreational and customary interests and all other mortality to the stock caused by fishing.
    26. Section 10: The proposals were developed using information from the (i) Report from the Fishery Assessment Plenary, May 2006: stock assessments and yield estimates, PAU 5A , (ii) Breen, P.A. and Kim, S.W, 2006: PAU 5A Assessment, Shellfish Fishery Assessment Working Group Report 2006/14, and (iii) Model projections of seven alternative catch levels, dated 28 April 2006, provided by NIWA through the Shellfish Fishery Assessment Working Group (SFAWG).
    27. At face value, the results presented in the report suggest that the current TACC and recent catches in PAU 5A are not sustainable. However, the results are dependent on the RDSI adequately indexing the biomass in the whole of PAU 5A. This may not be the case. The Plenary could not agree on the applicability of the assessment projections to all of the paua stocks in PAU 5A. However, the results do suggest that current catches within the Dusky, Chalky and South coast areas of PAU 5A will result in further depletion within these areas.
    28. Biases and uncertainties in the stock assessment model and projections are outlined in Appendix 2, paragraph 133.
    29. Fiordland (Te Moana o Atawhenua) Marine Management Act 2005: recognition of the Fiordland (Te Moana o Atawhenua) Marine Area's local, national, and international importance, unique marine environment, distinctive biological diversity, and outstanding landscape and cultural heritage, the Government passed the Fiordland (Te Moana o Atawhenua) Marine Management Act 2005 (the 2005 Act). The Fiordland Marine Area is the same area as PAU 5A, except that it extends only out to 12 nautical miles from mean high-water springs mark and does not include fine scale general statistical areas 47 and 48 (see Figure 2).
    30. The purpose of the 2005 Act includes establishing the Fiordland Marine Guardians to provide advice on fisheries management, biosecurity, sustainable management, and marine preservation and protection. The 2005 Act also seeks to facilitate and promote co-operation between the Guardians and management agencies, to assist in achieving the integrated management of the Fiordland Marine Area.
    31. Section 12 of the 2005 Act establishes the Fiordland Marine Guardians. Section 13 of the 2005 Act states that the functions of the Guardians are, inter alia, to advise and make recommendations to management agencies and Ministers who exercise functions under specified enactments (including the Fisheries Act), to achieve the purpose of this Act. This includes, but is not limited to, advice and recommendations on the effectiveness of management measures in the Fiordland (Te Moana o Atawhenua) Marine Area.
    32. The 2005 Act goes on to state in s 26 that all management agencies exercising powers or carrying out functions in the Fiordland (Te Moana o Atawhenua) Marine Area must take into account any advice or recommendations provided by the Guardians (this includes powers and functions under the Fisheries Act 1996).
    33. PAU 5A includes the Fiordland coast and MFish will seek specific comment from the Fiordland Marine Guardians on the proposals.
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Updated : 16 November 2007