removal of south island freshwater eel stocks from the second schedule

Executive Summary

122. The South Island freshwater eel fishery was introduced into the QMS on 1 October 2000. Two species (shortfin and longfin eels) were combined under fishstock code ANG. As part of the QMS introduction, all South Island eel stocks (ANG 11 to ANG 16) were listed on the Second Schedule. The original intent was to list only Lake Ellesmere (ANG 13) on this Schedule.
     
123. The Second Schedule lists stocks whose abundance is highly variable. Section 13(7) of the Fisheries Act 1996 (the Act) allows for in-season increases to the TAC for stocks listed on the Second Schedule to take account of annual changes in abundance. The TAC in turn reverts to its original level at the end of the fishing year.
     
124. The Lake Ellesmere eel fishery has some differences which initially suggested a different approach to its management. The Lake Ellesmere review in 2001 provided a new fishing year, starting at the time of the migration season. The 1 February start date to the fishing year means the in-season adjustment mechanism may no longer be required.
     
125. This paper suggests removing the South Island eel stocks from the Second Schedule, as the abundance of these eel stocks is not highly variable. Specific consideration for removing the Lake Ellesmere fishery from the Second Schedule is also discussed.

Preliminary Recommendation

126. MFish recommends that either:
     1. South Island freshwater eel stocks, with the exception of the Lake Ellesmere fishery, should be removed from the Second Schedule of the Fisheries Act 1996; or
     2. All South Island freshwater eel stocks should be removed from the Second Schedule of the Fisheries Act 1996

Rationale for Management Option

General

127. All South Island freshwater eel stocks, instead of only the Lake Ellesmere stock, were listed on the Second Schedule during the introduction to the QMS in 2000.
     
128. The Second Schedule lists stocks whose abundance is highly variable and allows the Minister to consider an in-season increase to the TAC for a stock. The Second Schedule lists stocks such as scallop which have a short life span and highly variable abundance. In-season TAC increases, to take account of current annual biomass, occur frequently in these fisheries. As eel stocks are not highly variable in their abundance, in-season TAC increases are not necessary. The abundance of eel stocks is not highly variable within a fishing year, or from year to year.
     
129. The eel fishery is based on species that have a long life span (maximum recorded age is 60 years for shortfins and 106 years for longfins) and there are many age classes within the fishery. Growth rates are generally slow, although can be variable in more productive northern waters. However, the variability of growth rates of eel stocks is not so significant that the abundance of the stock is highly variable within one season.

Lake Ellesmere

130. The Lake Ellesmere fishery is largely made up of migratory male shortfin eels, and also includes non-migratory feeding eels. The majority of the catch has historically been taken at the time of spawning migration in February to March. Male shortfin eels are caught in considerable numbers as they make their way from the lake across the bar to the sea. The catch of migrant shortfin eels can vary from year to year depending on growth and recruitment. Studies also show that the annual recruitment of eels into Lake Ellesmere is highly variable and is linked with the duration and timing of the lake opening to the sea.
     
131. Freshwater eel stocks throughout New Zealand have a fishing year that begins on 1 October to 30 September. Following a review of the Lake Ellesmere fishery in 2001, the start of the fishing year for the Lake Ellesmere eel stock was changed from 1 October to 1 February, and this change came into effect on 1 February 2002.
     
132. The start of the fishing year changed for the Lake Ellesmere stock to 1 February in recognition that the harvest of migratory shortfin males in February and March was the main use of the stock. The change to the fishing year created greater flexibility in how commercial fishers took their annual catch. Commercial fishers can now harvest the variable migratory eels at the start of the fishing year and have more certainty about the quantity of catch entitlements available for non-migratory eels over the remainder of the year.
     
133. The original intent of listing Lake Ellesmere on the Second Schedule was to account for the variable quantity of migratory shortfin eels within the fishing year, and allow for in-season TAC increases, based on a fishing year starting on 1 October. The TAC for ANG 13 is set at 156.32 tonnes. The catch so far has been well within the TAC and therefore the in-season adjustment mechanism may no longer be required with the fishing year now beginning on 1 February.

National

134. The North Island freshwater eel stocks were introduced into the QMS on 1 October 2004. No North Island eel stocks were listed on the Second Schedule.
     
135. The benefit of this proposal to remove the South Island eel stocks from the Second Schedule is to begin some standardisation of management measures to a fishery whose biological stock distribution extends nationally.

Statutory Considerations

136. Section 13(9) of the Act allows the name of any stock whose abundance is highly variable to be added to the Second Schedule. The biology of the South Island freshwater eel fishery does not suggest the stocks are highly variable. The nature of the fishery in Lake Ellesmere is different. It is based, in large part, on a variable migration of spawning eels. A recent change to the fishing year for this stock may well have alleviated the need to consider annual increases in TAC. Therefore it may not be appropriate to manage the South Island eel stocks under the Second Schedule.
     
137. Section 13(9) of the Act also enables the Governor-General to remove any stock from the Second Schedule by Order in Council. There is no set criteria set out in the Act that must be considered in order for stocks to be removed.
     
138. If MFish’s proposal is agreed to, an Order in Council will need to be passed to remove some or all South Island eel stocks from the Second Schedule of the Act.