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Conclusion: The Investigative Group's Preferred Implementation Option

The Investigative Group recommends Option D (special legislation incorporating amendments to current legislation) be adopted as the preferred approach for implementing the strategy.

This option involves developing special legislation which incorporates specific provisions to recognise Fiordland's special marine environment and to improve integration of planning and management. It would also make some consequential amendments to current legislation. This option is believed to provide the best method of giving effect to the Guardians' strategy and to provide the means to address local marine resource management in a more integrated manner that makes best use of existing legislation. Table 2 provides a summary of how each of the management measures would best be implemented within this option.

The Investigative Group believes that special legislation is desirable to provide a suitable, single, recognisable 'home' for management measures that cannot otherwise be accommodated through existing legislation. Both Options C and D involve legislative changes to implement the management measures for Fiordland's marine environment. However, Option D - by having one set of legislative provisions in a specific, locally-focussed Act that stipulates the requirements for the Fiordland Marine Guardians, recognises the purposes and roles of other management regimes, and recognises the need for integration - should provide for fewer changes to the existing legislative and management regimes than Option C. This should lower the risk to national resource management regimes, such as fisheries management, of inconsistent or anomalous legislative provisions becoming embedded in primary legislation. Fiordland-specific regulations, rules and other expectations would be mandated from a specific local Act. This would assist in providing these with necessary context; it would assist in gaining public recognition and acceptance of these (for compliance and enforcement purposes) as departures from nationally set practices and expectations. This could be especially important in managing the regional differences in fisheries management or marine reserve regulations, or rules within the broader Southland Regional Coastal Plan.

Maintaining community support for what the Guardians consider to be 'their strategy' (while meeting Ministers' expectation that local and central government agencies find the best means to implement it) has also been an important consideration. The need for swiftness in implementation has been recognised, but this has been balanced by the fact that the process for developing improved marine resource management for Fiordland is unique and without precedent in New Zealand. The Investigative Group believes that their preferred implementation option will meet the expectations of the Fiordland community, and provide better mechanisms to improve the future management of this internationally significant marine ecosystem.

Table 2: Management measures and mechanisms/agencies to implement them

Management measures to be implemented	Mechanisms/agencies to implement management measures
Fisheries management measures Commercial fishing: Prohibit commercial fishing inside the habitat lines Non-commercial fishing Modify species bag limits Encourage harvesting to take place at the fiord entrances and along the outer coast Prohibit accumulation of bag limits for some species Enforce a temporary two-year closure, through regulation, for blue cod in Milford and Doubtful Sounds Restrict bulk harvesting methods.	Fisheries management measures All of the fisheries management measures proposed can be implemented through regulation by the Ministry of Fisheries. These are provided for under section 11 of the Fisheries Act 1996, which allows for the implementation of any sustainability measure or variation of sustainability measure by: a. notice in the Gazette; or b. recommending the making of regulations under section 298. Furthermore, general regulations are also provided for under section 297. The proposed fisheries regulations have been provisionally allocated space in the Ministry of Fisheries April 2005 sustainability round process, or they can be run in a separate process, depending on the implementation timing required. In order to create a complete package of management measures it may also be possible for the fisheries regulations to be implemented as a part of any new legislation. The legislation would simply include the regulations as a schedule in the same manner as the changes to the Regional Coastal Plan. They would continue to be Fisheries Act regulations. This would allow the public and the Select Committee to see the full package of management measures that require statutory change and consider them as whole. The advantage of this would be to provide Parliament with a Bill referencing all the significant resource management measures in one package. It is, however not necessary to do this, as the current process for setting fisheries regulations can operate in a timely manner to implement the measures.
Values of special significance Two types of special areas are suggested in the Guardians' Strategy. Areas that are representative of Fiordland's marine environment ('representative areas') and 'china shops' which are small discrete areas with special features. Representative areas: Establish appropriate protection tools for the eight identified representative areas including any china shops located within these representative areas or contiguous to them. China shops not included in representative areas: Establish a code of practice for the use of each area Manage diving and activities if the area is under threat from existing or future activities.	Marine reserves For the full package of management measures to be implemented at a common start date the normal statutory processes for establishing marine reserves would not be appropriate. Special legislation containing consequential amendments to the Marine Reserves Act 1971 (or new Marine Reserves legislation) and providing for the creation of eight new Marine Reserves would need to be enacted. The areas would be declared marine reserves and the provisions of the Marine Reserves Act 1971 (or new Marine Reserves legislation) would apply to such areas as if they had complied with all the statutory requirements for a marine reserve. Educational and promotional material will need to be prepared in relation to these marine reserves. The legislation will need to allow for coffing and pot storage within certain representative areas declared marine reserves in Fiordland where this is not inconsistent with the purpose of the Marine Reserves Act or Bill. Codes of practice Environment Southland will create the codes of practice for each of the 12 china shop areas, except for the china shops that are within representative areas. Diving and anchoring The china shop 'zones' are to be recognised in the Southland Regional Coastal Plan, so that Environment Southland will be able to regulate charter boat activity through resource consents. A change to the Southland Regional Coastal Plan will be needed to make amendments to the mooring and anchoring schedule and alter the planning maps. The normal process for changing the Southland Regional Coastal Plan would need to be set aside and replaced by special provisions in legislation, in order to meet the required deadline.
Risks to the marine environment Establish codes of practice for hull-cleaning, identification of unwanted species and domestic ballast water exchange. Establish a special taskforce to develop and implement a 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 promote an integrated and co-operative approach by management agencies to managing visitor numbers in Fiordland.	Codes of practice Environment Southland will work with the Fiordland Marine Guardians 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 rules in the Environment Southland Coastal Plan. These codes are to reflect industry best practice. 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. Special taskforce The marine biosecurity team 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. Educational material The Department of Conservation, Ministry of Fisheries and Environment Southland will work together to produce educational material on Fiordland.
Express kaitiakitanga Continue to recognise that Fiordland is a Statutory Acknowledgement Area (as defined in the Ngai Tahu Claims Settlement Act 1998), and the consultation requirements that this entails. Tangata tiaki should continue to manage customary fisheries (as defined by the South Island Customary Fishing regulations). Taonga collection in representative areas are to be managed by tangata tiaki. Establish a convention for dual naming of important areas within Fiordland. Ensure tangata whenua representation on any committee set up for the Fiordland area.	Statutory acknowledgement areas Take into account Statutory Acknowledgement Areas and tangata tiaki management of customary fisheries. Taonga collection Provide in the legislation the authority for collection of pounamu and taonga within the proposed marine reserves where this is consistent with the purpose of the Marine Reserves Act and Bill. Dual naming The dual names for the Fiordland Marine Area/Te Mimi o Tu Te Rakiwhanoa will be recognised in any legislation created for Fiordland. The Department of Conservation will consult with Ngai Tahu on appropriate names for new marine reserves. Environment Southland to consult with Ngai Tahu on appropriate names for China Shop 'zones'. Representation Ngai Tahu will be represented on any committee set up by statute in the Fiordland area.
Information and monitoring [The Investigative Group have merged the management measures relating to information and monitoring the performance of the strategy; this is discussed further in Appendix 7.] Management agencies are to develop an integrated, representative monitoring programme for analysing the state of the environment. Management agencies should work with the Fiordland Marine Guardians when developing the integrated, representative monitoring approach. Develop indicators by which to measure the performance of marine management.	The Ministry of Fisheries, Department of Conservation and Environment Southland in conjunction with the Fiordland Marine Guardians will establish a planning team to work out how to develop an integrated representative, monitoring approach for Fiordland. This will include evaluating: the resources available (from the Ministry of Fisheries, Department of Conservation and Environment Southland) for monitoring in Fiordland whether the implementation of the strategy will require a different approach to monitoring in Fiordland ways in which monitoring costs can be shared what information is needed to detect change in Fiordland based on the five areas identified by the Guardians, and how this will be done how information gathered before the implementation of the strategy can be used as a baseline from which to measure progress how, during the first five years of implementation, an appropriate monitoring system can be put in place to monitor blue stocks in the two closed sounds, and a trigger identified to lift or reinforce this closure how, during the first five years of implementation, an appropriate system can be put in place to monitor changes in China Shops how to make use of local community expertise when monitoring. This planning team will report to the Minister for the Environment by June 2005.
Implementing the strategy Define the area over which the management measures will apply. Implement the full package of management measures on a common start date, and by September 2005. Disallowing new marine reserves applications (other than those agreed to in the strategy) until the strategy has been reviewed. Establish and appoint the 'Fiordland Marine Guardians' to provide advice to the Government on the performance of marine management in Fiordland and to provide a forum for co-ordinating inter-agency work. Require the review the performance of the management measures after five years. Require management agencies to take into account the advice of the Fiordland Marine Guardians.	All of these measures would be implemented as provisions within a new special statute for Fiordland: An advisory committee called the 'Fiordland Marine Guardians' be established, that has its functions defined in legislation. Fast-tracking the creation of new marine reserves, and changes to the Environment Southland Coastal plan, which will be necessary to meet the September 2005 deadline for implementation of all management measures. Amending the Marine Reserves Act (or new Marine Reserves legislation) to the effect that there would be a moratorium on new marine reserve applications within the area of the strategy until the strategy has been formally reviewed. A consequential amendment to the Marine Reserves Act (or new Marine Reserves legislation) would be required.
Compliance Develop an integrated compliance approach for Fiordland to make effective use of limited compliance resources. In doing this, work with the outcomes of the National Marine Co-ordination Centre. Management agencies should work with the Fiordland Marine Guardians when developing an integrated compliance approach.	The Ministry of Fisheries, Department of Conservation and Environment Southland will establish a planning team to work out how to develop an integrated compliance approach for Fiordland. This will include: evaluating the resources available (from the Ministry of Fisheries, Department of Conservation and Environment Southland) for compliance and enforcement in Fiordland, and the information currently available to the community, visitors and users about management measures and compliance expectations evaluating whether the new management measures will require a different approach to compliance and enforcement in Fiordland.

Management measures to be implemented

Mechanisms/agencies to implement management measures

Fisheries management measures

Commercial fishing:
- Prohibit commercial fishing inside the habitat lines
Non-commercial fishing
- Modify species bag limits
- Encourage harvesting to take place at the fiord entrances and along the outer coast
- Prohibit accumulation of bag limits for some species
- Enforce a temporary two-year closure, through regulation, for blue cod in Milford and Doubtful Sounds
- Restrict bulk harvesting methods.

Fisheries management measures

All of the fisheries management measures proposed can be implemented through regulation by the Ministry of Fisheries. These are provided for under section 11 of the Fisheries Act 1996, which allows for the implementation of any sustainability measure or variation of sustainability measure by:

a. notice in the Gazette; or

b. recommending the making of regulations under section 298.

Furthermore, general regulations are also provided for under section 297.

The proposed fisheries regulations have been provisionally allocated space in the Ministry of Fisheries April 2005 sustainability round process, or they can be run in a separate process, depending on the implementation timing required.

In order to create a complete package of management measures it may also be possible for the fisheries regulations to be implemented as a part of any new legislation. The legislation would simply include the regulations as a schedule in the same manner as the changes to the Regional Coastal Plan. They would continue to be Fisheries Act regulations. This would allow the public and the Select Committee to see the full package of management measures that require statutory change and consider them as whole. The advantage of this would be to provide Parliament with a Bill referencing all the significant resource management measures in one package. It is, however not necessary to do this, as the current process for setting fisheries regulations can operate in a timely manner to implement the measures.

Values of special significance

Two types of special areas are suggested in the Guardians' Strategy. Areas that are representative of Fiordland's marine environment ('representative areas') and 'china shops' which are small discrete areas with special features.

Representative areas:
- Establish appropriate protection tools for the eight identified representative areas including any china shops located within these representative areas or contiguous to them.
China shops not included in representative areas:
- Establish a code of practice for the use of each area
- Manage diving and activities if the area is under threat from existing or future activities.

Marine reserves

For the full package of management measures to be implemented at a common start date the normal statutory processes for establishing marine reserves would not be appropriate. Special legislation containing consequential amendments to the Marine Reserves Act 1971 (or new Marine Reserves legislation) and providing for the creation of eight new Marine Reserves would need to be enacted. The areas would be declared marine reserves and the provisions of the Marine Reserves Act 1971 (or new Marine Reserves legislation) would apply to such areas as if they had complied with all the statutory requirements for a marine reserve.
Educational and promotional material will need to be prepared in relation to these marine reserves.
The legislation will need to allow for coffing and pot storage within certain representative areas declared marine reserves in Fiordland where this is not inconsistent with the purpose of the Marine Reserves Act or Bill.

Codes of practice

Environment Southland will create the codes of practice for each of the 12 china shop areas, except for the china shops that are within representative areas.

Diving and anchoring

The china shop 'zones' are to be recognised in the Southland Regional Coastal Plan, so that Environment Southland will be able to regulate charter boat activity through resource consents.

A change to the Southland Regional Coastal Plan will be needed to make amendments to the mooring and anchoring schedule and alter the planning maps. The normal process for changing the Southland Regional Coastal Plan would need to be set aside and replaced by special provisions in legislation, in order to meet the required deadline.

Risks to the marine environment

Establish codes of practice for hull-cleaning, identification of unwanted species and domestic ballast water exchange.
Establish a special taskforce to develop and implement a 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 promote an integrated and co-operative approach by management agencies to managing visitor numbers in Fiordland.

Codes of practice

Environment Southland will work with the Fiordland Marine Guardians 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 rules in the Environment Southland Coastal Plan. These codes are to reflect industry best practice.

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.

Special taskforce

The marine biosecurity team 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.

Educational material

The Department of Conservation, Ministry of Fisheries and Environment Southland will work together to produce educational material on Fiordland.

Express kaitiakitanga

Continue to recognise that Fiordland is a Statutory Acknowledgement Area (as defined in the Ngai Tahu Claims Settlement Act 1998), and the consultation requirements that this entails.
Tangata tiaki should continue to manage customary fisheries (as defined by the South Island Customary Fishing regulations).
Taonga collection in representative areas are to be managed by tangata tiaki.
Establish a convention for dual naming of important areas within Fiordland.
Ensure tangata whenua representation on any committee set up for the Fiordland area.

Statutory acknowledgement areas

Take into account Statutory Acknowledgement Areas and tangata tiaki management of customary fisheries.

Taonga collection

Provide in the legislation the authority for collection of pounamu and taonga within the proposed marine reserves where this is consistent with the purpose of the Marine Reserves Act and Bill.

Dual naming

The dual names for the Fiordland Marine Area/Te Mimi o Tu Te Rakiwhanoa will be recognised in any legislation created for Fiordland.
The Department of Conservation will consult with Ngai Tahu on appropriate names for new marine reserves.
Environment Southland to consult with Ngai Tahu on appropriate names for China Shop 'zones'.

Representation

Ngai Tahu will be represented on any committee set up by statute in the Fiordland area.

Information and monitoring [The Investigative Group have merged the management measures relating to information and monitoring the performance of the strategy; this is discussed further in Appendix 7.]

Management agencies are to develop an integrated, representative monitoring programme for analysing the state of the environment.
Management agencies should work with the Fiordland Marine Guardians when developing the integrated, representative monitoring approach.
Develop indicators by which to measure the performance of marine management.

The Ministry of Fisheries, Department of Conservation and Environment Southland in conjunction with the Fiordland Marine Guardians will establish a planning team to work out how to develop an integrated representative, monitoring approach for Fiordland. This will include evaluating:

the resources available (from the Ministry of Fisheries, Department of Conservation and Environment Southland) for monitoring in Fiordland
whether the implementation of the strategy will require a different approach to monitoring in Fiordland
ways in which monitoring costs can be shared
what information is needed to detect change in Fiordland based on the five areas identified by the Guardians, and how this will be done
how information gathered before the implementation of the strategy can be used as a baseline from which to measure progress
how, during the first five years of implementation, an appropriate monitoring system can be put in place to monitor blue stocks in the two closed sounds, and a trigger identified to lift or reinforce this closure
how, during the first five years of implementation, an appropriate system can be put in place to monitor changes in China Shops
how to make use of local community expertise when monitoring.

This planning team will report to the Minister for the Environment by June 2005.

Implementing the strategy

Define the area over which the management measures will apply.
Implement the full package of management measures on a common start date, and by September 2005.
Disallowing new marine reserves applications (other than those agreed to in the strategy) until the strategy has been reviewed.
Establish and appoint the 'Fiordland Marine Guardians' to provide advice to the Government on the performance of marine management in Fiordland and to provide a forum for co-ordinating inter-agency work.
Require the review the performance of the management measures after five years.
Require management agencies to take into account the advice of the Fiordland Marine Guardians.

All of these measures would be implemented as provisions within a new special statute for Fiordland:

An advisory committee called the 'Fiordland Marine Guardians' be established, that has its functions defined in legislation.
Fast-tracking the creation of new marine reserves, and changes to the Environment Southland Coastal plan, which will be necessary to meet the September 2005 deadline for implementation of all management measures.
Amending the Marine Reserves Act (or new Marine Reserves legislation) to the effect that there would be a moratorium on new marine reserve applications within the area of the strategy until the strategy has been formally reviewed. A consequential amendment to the Marine Reserves Act (or new Marine Reserves legislation) would be required.

Compliance

Develop an integrated compliance approach for Fiordland to make effective use of limited compliance resources. In doing this, work with the outcomes of the National Marine Co-ordination Centre.
Management agencies should work with the Fiordland Marine Guardians when developing an integrated compliance approach.

The Ministry of Fisheries, Department of Conservation and Environment Southland will establish a planning team to work out how to develop an integrated compliance approach for Fiordland. This will include:

evaluating the resources available (from the Ministry of Fisheries, Department of Conservation and Environment Southland) for compliance and enforcement in Fiordland, and the information currently available to the community, visitors and users about management measures and compliance expectations
evaluating whether the new management measures will require a different approach to compliance and enforcement in Fiordland.

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