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
RIG (SPO 7)
Appendix 1 - Statutory Considerations
Appendix 2 - Set net catch and effort data

Appendix 1

Statutory Considerations

  1. In forming the management options MFish has considered all the statutory obligations described in the Act. These are summarised below.
    1. Section 8: The management options seek to ensure sustainability of SPO 7 by reducing total removals from the fishery to enable the stock to rebuild. Utilisation is provided by way of setting allowances for commercial,recreational and customary fishers. The TACC options – apart from management option one – will almost certainly have short term economic impacts on fishers. But there will be economic benefits in the long term as catches will become sustainable.
    2. Section 13(2): The TAC under s 13(2)(b) should be set to restore SPO 7 to or above the level that can produce the maximum sustainable yield. Fishery status indicators discussed in the IPP suggest current levels of removals will deplete the stock. MFish has presented four TAC options –one of which is not viable – to restore the fishery towards Bmsy. The range of options reflects different likelihood of achieving this objective and most probably will result indifferent rates of biomass increase.
    3. The proposed TAC options are based on:
      1. Section 13(2)(b)(ii): No specific environmental conditions have been identified as affecting the rebuild of the stock.
      2. Section 13(2)(b)(ii): The biological characteristics of the stock means the Minister needs to be cautious while considering the TAC options. Rig has low fecundity and is relatively long lived. These characteristics impact on the likelihood of rebuild and also the length of time it will take the stock to rebuild – they support a TAC towards the lower end of the range presented because stock status information suggests a depleted fishery.
      3. Section 13(2)(b)(i): There is no evidence of interdependence of stocks of significant magnitude to impact on the setting of the TAC. School shark and dogfish are occasional bycatch in the SPO 7 target fishery but are both managed with output controls (i.e. catch limits) in the QMS.
    4. Section 13(3): There will be social and economic consequences from setting the TAC and reducing the TACC. While a number of possible economic effects have been noted, the precise extent of those effects has not been quantified. The long term benefits of a rebuilt stock are regarded as outweighing the effect of a TACC reduction. MFish considers the positive social and cultural consequences of the options relate to confidence that SPO 7 will be available for non-commercial users in the long term. Economic consequences have been recognised in this fishery – it is likely that MFish will need to review the sustainability measures for the fishery in two years time once additional stock status information is available.
    5. Section 11(1)(c): MFish has no information to suggest this stock is prone to significant fluctuations in biomass that can render them susceptible to over fishing.
    6. Section 9(a) and 9(b) and section 11(1)(a): The level of capture and mortality of non-fish bycatch are not available although MFish believes the SPO 7 target set net fishery has limited bycatch of any associated or dependent species in this fishery – the fishery does not overlap with threatened seabird distributions. And although the target set net fishery overlaps with the South Island Hectors dolphin population, the relative amount of effort is small. SPO 7 fishers also operate to a code of practice described in the fisheries plan that aims to minimise marine mammal captures. The effects of the SPO 7 target fishery on other stocks and the aquatic environment is unlikely to be of significant magnitude to impact the TAC. School shark and spiny dogfish are occasional bycatch in the SPO 7 set net fishery but are both managed with output controls in the QMS.
    7. Section 9(c): No habitats of particular significance for fisheries management have been identified that would be effected by the target fishing method. It is considered unlikely that set netting would have a demonstrable adverse effect on such habitats.
    8. Section 5(a) and (b): There is a wide range of international obligations relating to fishing including sustainability and utilisation of fish stocks and maintaining biodiversity. MFish considers issues arising under international obligations – discussed in the Statutory Obligations and Policy Guidelines section of this document – and the provisions of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 are adequately addressed in the management options for SPO 7.
    9. Section 11(1)(b): For SPO 7 there is in place a 403 tonne TAC, and 350 tonne TACC and a daily bag limit of 20 fish for recreational fishers.
    10. Section 11(2A)(b): The Minister approved a fisheries plan for SPO 7 under s 11A(1) of the Act on 4 May 2006. The CFMC is the owner of the plan and is responsible for administering the major components of the plan including the area closure, catch limits, supporting research and ongoing education. The context of the relevant components in relation to the management options has been discussed in the IPP.
    11. Section 11(2A)(a and c): No decision has been made not to require a service in this fishery.
    12. Section 11(2)(a) and (b): 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 this stock.
    13. Section 21(1)(a) and (b) and section 21(4)(a) and (b) and section 21(5) statement: The nature of the fishery and the interests of the respective fishing sectors have been considered in proposing TACCs and allowances for recreational and customary interests and all other mortality to the stock caused by fishing. No mätaitai exists in the QMA. No area has been closed or fishing method restricted for customary fishing purposes in the QMA. No restrictions have been placed on fishing in any area within the QMA for recreational interests. No s 311 closures have been enacted anywhere to date.
    14. Section 10: MFish relied primarily on three information sources to develop the management options presented in this IPP including:
      1. The Report from the Fishery Assessment Plenary, May 2005: stock assessments and yield estimates.
      2. The Report from the Fishery Assessment Plenary, May 2006: stock assessments and yield estimates.
      3. The Rig (SPO) 7 Fisheries Plan prepared by CFMC.
      The Fishery Assessment Plenary Reports summarise peer reviewed SPO 7research and catch information as well as discussing biological characteristics of rig. They include information on the CPUE and trawl indices but do not discuss the preliminary stock assessment in detail.
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Updated : 16 November 2007