Implementing the Fiordland Marine Conservation Strategy

Executive Summary

Introduction

The Fiordland Marine Conservation Strategy

Proposed Management Measures

Options for Implementing the Strategy

Conclusion: The Investigative Group's Preferred Implementation Option

Summary of Findings and Recommendations

Appendix 1: Terms of Reference for the Fiordland Marine Conservation Strategy Investigative Group

Appendix 2: Analysis of the Ability of Current Marine Legislation to Implement the Management Measures in the Strategy

Appendix 3: Fisheries Management

Appendix 4: Values of Special Significance

Appendix 5: Risks to the Marine Environment

Appendix 6: Expressing Kaitiakitanga (Stewardship)

Appendix 7: Information and Monitoring

Appendix 8: Implementing the Strategy

Appendix 9: Compliance and Enforcement

Appendix 5: Risks to the Marine Environment

Management measures

There are a number of different components under the 'Risks to the Marine Environment' heading: bio-invasion, pollution, physical damage, altered flow dynamics and increasing numbers of visitors. The management measures that the Guardians proposed are outlined in boxes, with an explanation of how they fit with current management set out beneath the boxes and the Investigative Group's recommendations.

Bio-invasion

Environment Southland manages commercial surface water activities (through resource consents under Section 16.1, Regional Coastal Plan) in Fiordland, and any ship being used as an accommodation base or facility in the fiords requires a resource consent.

A condition of the resource consent is that the ship must have its hull cleaned and maintained, and logged inspections of vessels for Undaria are required, before the vessel enters the internal waters of Fiordland. Commercial fishing vessels, however, do not require a coastal permit to operate in Fiordland (section 30 (2) of the RMA).

There is also a policy and a rule relating to hull cleaning in the Southland Coastal Plan:

• Avoid wherever practicable, remedy or mitigate the adverse effects of discharges of contaminants from areas used for the cleaning, maintenance and painting of structures and ships (Policy 7.3.8.2.2).
• Hull cleaning of ships, where viable unwanted or pest marine organisms enter the coastal marine area, is a prohibited activity (Rule 7.3.8.2.5).

The management measure that is recommended by the Investigative Group is to instigate a hull-cleaning code of practice that includes identification of unwanted species which would be backed up by regulations in the Southland Regional Coastal Plan. Education will also be needed.

There are provisions in both the Environment Southland Regional Coastal Plan (at a Policy level only - Section 7.3) and under the Biosecurity Act (an import health standard) on ballast water:

• Policy 7.3.2.12 strongly discourages discharges of human sewage and ballast from ships in the fiords.
• Section 7.3 of the Environment Southland Regional Coastal Plan, cross-references to the Marine Pollution rules.
• Resource Management Act (Marine Pollution) Regulations 1998:
• 14. Discharge of ballast water -

  (1) Any person may discharge in the coastal marine area, from a ship or offshore installation, clean ballast water or segregated ballast water.

  (2) This regulation does not authorise the discharge of clean ballast water or segregated ballast water in contravention of the Biosecurity Act 1993, regulations made under that Act, or import health standards made under section 20 of that Act.

• There has been an Import Health Standard for Ballast from other countries since 1999, however foreign ballast may still be a risk after incomplete exchange with ocean water.
• Cruise vessels are asked not to discharge as part of port of entry requirements.
• The pending Marine Reserves Bill prohibits any discharges from vessels in marine reserves.

The Investigative Group endorses the Guardians' recommendation to create a voluntary code of practice for domestic and foreign ballast water exchange so that no ballast water is to be discharged into the fiords, including that compliance with this practice must be consistent with the safety of the crew and the vessel. This will also require education of people who use boats in Fiordland.

The marine biosecurity team is happy to work with the Fiordland Marine Guardians, the community, the Department of Conservation, and Environment Southland to identify ways in which they can participate in the detection of exotic new organisms. The marine biosecurity team has determined seven exotic species to be unwanted - Undaria being the only species that is currently in New Zealand.

Laminated identification cards have been produced for each of these seven species and have been disseminated through the Diving magazine as well as some regional councils. These identification cards could easily be provided to the Guardians and their members.

The Investigative Group endorse the decision to develop and implement a targeted plan to address marine bio-invasion and other pest species specifically for Fiordland and educational materials.

Pollution

The Guardians' Strategy states that 'in the case of a spill, Environment Southland and the Maritime Safety Authority have comprehensive Oil Spill Response Management Plans for dealing with this threat' (section 5.3.1). However because of recent work on oil spill response plans (by the Maritime Safety Authority) for the fiords it has been confirmed that in Breaksea and Dusky Sounds, the ability of the Maritime Safety Authority and Environment Southland to respond to an oil spill would be extremely limited (because there is no road access and limited places to land).

New Zealand Police, in collaboration with Environment Southland and other marine oil spill and emergency response agencies, have prepared an emergency response action plan to deal with any incidents involving cruise ships or other large ships in Fiordland.

The Maritime Safety Authority will work with Environment Southland on this issue, and will also liaise with the Guardians and other government agencies. In the preparation of the Oil Spill Contingency Plan for Fiordland, the Maritime Safety Authority has contacted members of the Guardians to make use of their local knowledge.

All resource consents (for commercial vessels in the internal waters of the fiords) have conditions relating to sewage disposal. These conditions reflect the Resource Management Act (Marine Pollution) Regulations 1998 which require the sewage to be treated, or discharged into holding tanks for disposal at least 1000 metres outside the internal waters of the fiords. Many of the consent holders are required to keep a log of when and where they discharge their sewage.

The Ministry for the Environment has produced resources on disposing of sewage from boats that could form a useful part of an education package for people wanting to go boating in Fiordland.

There is currently a vessel sewage discharge facility in Milford Sound that is owned and operated by the Milford Sound Development Authority. This facility is on the Freshwater Basin wharf complex that is owned and operated by the Milford Sound Development Authority and connects to a series of septic tanks and piped discharge system into the coastal marine area. That facility is not necessarily available to all vessels in the area.

The Investigative Group agree that educational material is needed to help promote compliance with existing standards for overboard discharges.

All resource consents have a condition requiring rubbish to be removed from the coastal marine area and disposed of at designated refuse disposal sites. Wilmot Pass conservation permits have the following provision:

(7) The permit holder shall not:

(a) Place or tip or allow to be placed or tipped upon the bank or in the bed of the waters of any water course or stream any refuse garbage ... soil or any offensive or polluting matter or liquid whatsoever;

The objective in the Pollution and Public Health section of the Fiordland National Park Management Plan 1991 (Section 5.5) Pollution and Public Health is:

To keep the park free of litter by encouraging visitors to remove their own litter, but where this is not practical receptacles will be provided.

Milford Sound has a basic waste transfer station established which uses skip bins as the collection facility. That facility was established as a pilot project to initially ascertain the content of the waste stream in Milford, but the Council now intends working with the Milford Sound Development Authority to upgrade and improve those facilities. Material accumulated in that transfer station is taken back to the main transfer station at Te Anau. There are also facilities that provide for the dumping of waste at the Te Anau Visitor Centre.

There are potential waste management and disposal problems around the Doubtful Sound wharf and access areas. The appropriate agencies are aware of the difficulties in disposing of waste from this area, and are to research the issue and identify options for disposal.

As far as the remainder of the Sounds are concerned, a beach cleanup exercise has been conducted and is continuing through a joint venture project with private enterprise, Environment Southland and the Department of Conservation.

The Investigative Group recommend that further education is needed on existing standards for rubbish disposal.

Physical damage

The Investigative Group recommends that these particular management measures are more appropriately implemented by the Guardians.

Anchoring (and moorings) are managed through the Southland Regional Coastal Plan (section 11.7.7), however anchoring is not possible everywhere in the Fiords because of the steepness of the sides and the depth of the fiords.

A map of suitable anchoring sites for the whole of Fiordland has been produced by Environment Southland, and is available at the back of the Coastal Plan. Environment Southland, in conjunction with industry, are currently working on an initiative that will update this map and identify whether these anchorage sites are still appropriate.

The Department of Conservation prioritises pest control based on values at risk. Whereas priority areas may change in response to pest pressure, current possum work has focused on the Pembroke wilderness area and Clinton/Arthur/Cleddau valleys. Several off shore islands are managed as sanctuaries and are subject to intensive pest control measures. The Department of Conservation still appreciates reports of pest pressure.

Altered flow dynamics

A considerable amount of work has been done in the past 10 years by ECNZ and more recently by Meridian relating to the impacts of fresh water discharges and flow dynamics in Doubtful Sound from the Manapouri Power Scheme tailrace discharges.

Increasing numbers of visitors

The Proposed Regional Coastal Plan for Southland provides for the sustainable management of Fiordland and provides direction for Milford Sound/Piopiotahi and Doubtful Sound while identifying the values that need to be protected throughout the other fiords. Objective 16.1.1 'Maintain essential characteristics' states:

To maintain the essential characteristics of the pristine coastal marine area environment adjoining the Fiordland National Park that contribute to a range of high quality experiences in a natural coastal environment.

Explanation - Except for Milford Sound, and to a lesser extent in Doubtful Sound, the intensity of tourism on the Fiordland coast is such that the intrinsic values or inherent worth of the area is largely unspoiled. These values largely stem from the very high natural character and the physical and perceptual characteristics of the landscape. Landscape as a human experience combines both aesthetic values and other values which people attribute to landscape such as tranquillity, remoteness and lack of intrusion. The essential characteristics of the coastal marine area of Fiordland that contribute to a range of high quality visitor experiences include outstanding natural character, landscape and amenity values, fauna and vegetation values, finite character and wilderness/remoteness values. These values need to be maintained so that people can continue to enjoy a range of high quality experiences. Failure to maintain these values will result in people feeling the need to travel elsewhere to experience the values they once experienced in a particular locality.

There is, however, considerable demand to expand recreational visitor activities in the area. This expansion needs to be managed to maintain a high quality environment which preserves natural character landscape and amenity values. Without management the outcome could be a lower quality, experience. While such development may essentially preserve the natural character of the area, it will reduce or modify landscape and amenity values. A sustainable 'carrying capacity' that maintains the essential characteristics of the area needs to be determined.

Both Environment Southland and the Department of Conservation are utilising the resource consent process from their respective viewpoints, to participate in the management of commercial vessel activity on the internal waters of the fiords. The process allows both agencies to apply management initiatives across all of the fiords on a case-by-case basis, thus taking into account potential effects (both positive and adverse) on the coastal marine area and the potential impacts on the significant values of the neighbouring Fiordland National Park.

Twenty-four consents have been granted to date, all with limitations either imposed by conditions of consent, limited by the application itself, or negotiated between the parties. It is important to continuing monitoring those consents and other demand trends to ensure that increases in activity in the fiords are managed in order to retain the special values of the fiords.

The Investigative Group recognise that existing agencies should continue to take an integrated and co-operative approach to managing visitor numbers in Fiordland.

Options for implementation

Codes of practice

Environment Southland will work with the Fiordland Marine Guardians to establish two codes of practice. The domestic ballast water exchange code of practice will be voluntary to sign up to, however the hull-cleaning code of practice is to be backed up by regulations in the Environment Southland Coastal Plan, which is created under the Resource Management Act 1991. This will mean that vessels that don't sign up to the code of practice must apply for a resource consent.

Changes to the Southland Regional Coastal Plan can result in a lengthy public submission process, therefore, for the full package of management measures to be implemented at a common start date, the normal processes for changing the Southland Regional Coastal Plan needs to be set aside. This would require special provisions in legislation to create the plan changes. The updated plan would need to be notified and new copies produced.

Special taskforce

The marine biosecurity group in the Ministry of Agriculture and Forestry will work with identified groups to develop a non-statutory targeted plan to address marine bio-invasion and other pests species specifically for the Fiordland situation.

Educational material

The Department of Conservation, Ministry of Fisheries and Environment Southland will work together to produce educational material on Fiordland. This is further discussed in Appendix 9: Compliance and Enforcement.

Anchoring

A map of suitable anchoring sites for the whole of Fiordland has been produced by Environment Southland, and is available in the back of the Coastal Plan. Environment Southland, in conjunction with industry, are currently working on an initiative to update this map and identify whether these anchorage sites are still appropriate.

Amendments will need to be made to the Southland Regional Coastal Plan to update the mooring and anchoring schedule and alter the planning maps. This would require legislative change as discussed in Appendix 4: Values of Special Significance. The work on anchoring will also need to be available in a form that is accessible to the boating public.

Summary

The management measures around risks to the marine environment are:

• instigate codes of practice for hull-cleaning (and identification of unwanted species) and domestic ballast water exchange
• establish a special taskforce to develop and implement a targeted plan to address marine bio-invasion and other pest species specifically for Fiordland
• produce educational material to help promote compliance with new and existing standards and codes of practice
• continue to take an integrated and cooperative approach to managing visitor numbers in Fiordland.

To implement these management measures:

• Special taskforce:
  • The Ministry of Agriculture and Forestry will work with the Fiordland Marine Guardians to develop a non-statutory targeted plan to address marine bio-invasion and other pests species specifically for Fiordland.
• Codes of practice:
  • Environment Southland will work with industry/community to establish the two codes of practice. The domestic ballast water exchange code of practice will be voluntary to sign up to, however the hull-cleaning code of practice is to be backed up by regulations in the Environment Southland Coastal Plan.

    
    Changes to the Southland Regional Coastal Plan will be made by special provisions in legislation creating the plan changes. The updated plan will need to be notified and new copies produced

• Educational material:
  • The Department of Conservation, Ministry of Fisheries and Environment Southland will work together to produce educational material on Fiordland.
• Anchoring:
  • Amendments will be made to the Southland Regional Coastal Plan to update the mooring and anchoring schedule and alter the planning maps. This would need to be done by special legislation.