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

The Fisheries Act 1996

The purpose of the Fisheries Act 1996 is to provide for the utilisation of fisheries resources while ensuring sustainability.

This Actcan implement all of the fisheries management measures including method and area restrictions to protect habitats from the effects of fishing and recreational bag limits. An advantage to using the Fisheries Act is that controls can be implemented relatively quickly, particularly if responding to feedback from monitoring.

However, the Fisheries Act cannot be used to control non-fishing activities which limits the ability to protect areas of special significance from recreational activities other than fishing and manage risks to the marine environment, such as pollution from land-based activities. Importantly, it has no influence on the establishment of marine reserves or management of activities within these. Regulations to the Fisheries Act do provide recognition of kaitiakitanga, and this tangata tiaki model could provide a good prototype from which to base taonga collection within the Fiordland Marine Area.

The Marine Reserves Act 1971

The Marine Reserves Act 1971 designates that specified areas of the territorial sea, seabed, internal waters, foreshore and waters may be the subject of an application that an area be declared a marine reserve and managed for scientific study and to preserve the marine habitat in its natural state. Creating marine reserves under the Marine Reserves Act 1971 provides the most comprehensive and secure form of protection for marine biodiversity. The Marine Reserves Act can manage the widest range of potentially damaging activities [It also has linkages to the Crown Minerals Act to control mining.] in marine reserves, including all types of fishing. Public access can be controlled under the Act where there is a need to protect the features that a reserve was designed to protect. Unlike any of the other statutes, the aim is to protect certain areas in a natural state in perpetuity.

The Marine Reserves Act 1971 provides the Minister of Conservation with the ability to allow non-commercial fishing in marine reserves. There is provision to allow limited non-commercial fishing in marine reserves. [It is the Government's policy that marine reserves are for conservation and that fisheries management is for extractive resource use and allocation. (Note though that utilisation as defined in s8 Fisheries Act 1996 includes conserving.) The Marine Reserves Bill 2002 does not provide for fishing within marine reserves, and this is a change from the existing legislation where non commercial fishing could be allowed subject to the protection principle. Currently there is limited fishing allowed in two marine reserves - Kapiti where whitebait may be taken from the Waikanae River and Tuhua/Mayor Island where pelagic bait fish for big game fishing may be taken.] Fishing outside marine reserves is not able to be controlled. However, in exercising that discretion, the Minister must have regard to the purpose of the Act, which includes a requirement that marine reserves shall be administered and maintained to be preserved as far as possible in their natural state. Research in recent years has indicated that fishing in marine reserves is generally not consistent with natural state protection. As such, a marine reserve could not be created over the whole of Fiordland when only 13% of the area was being managed for natural state protection. This would amount to using the Marine Reserves Act as a tool for routine fisheries management purposes, which lies outside its scope.

A condition attaching to the Order in Council establishing the marine reserve may make provision for the collection of taonga and may provide a role for kaitiaki appointed by tangata whenua. In addition, tangata whenua could be appointed to the advisory committee for the marine reserve. Permits to take things from or place in a marine reserve may be granted by the Minister. The Marine Reserves Act could not be used as the umbrella for implementing all the management measures.

The Marine Reserves Bill 2002 is currently before Parliament, and will eventually replace the Act. The Marine Reserves Bill 2002 includes a number of changes to the current Act. For further explanation please see Annex 4: Values of Special Significance.

The Resource Management Act 1991

The purpose of the Resource Management Act, to 'promote the sustainable management of natural and physical resources' supports the vision of the Guardians. The Resource Management Act is able to recognise areas of special significance in plans and set regulations around commercial surface water activity, seabed disturbance, pollutions and physical damage in an effective manner.

The main disadvantage of using the Resource Management Act as the single piece of legislation to implement the FMCS is that Regional Councils under the Resource Management Act can only manage the effects of fishing. The First Schedule requires that the regional council, when preparing a regional coastal plan, consult with the Minister of Fisheries in relation to fisheries management and the management of aquaculture activities. However section 30(2) states that the functions of the regional council ... do not apply to the control of the harvesting or enhancement of populations of aquatic organisms, where the purpose of that control is to conserve, use, enhance or develop any fisheries resources controlled under the Fisheries Act.