marine reserves reform. presentation overview 1.main changes in the bill 2.fisheries management...

Marine Reserves Reform

Presentation OverviewPresentation Overview

1. Main Changes in the Bill

2. Fisheries Management Implications

3. Treaty Implications

4. Key Points - Solutions

1. Main Changes in the Bill

2. Fisheries Management Implications

3. Treaty Implications

4. Key Points - Solutions

1. Main Changes in the Bill1. Main Changes in the Bill

Main Changes in the Bill“Front End” – Part 1

Main Changes in the Bill“Front End” – Part 1

Now New

Scope 12 nm TTS 200 nm EEZ

Purpose Scientific Study

Biodiversity Protection?

Principles Nil Multiple?

Treaty S4 Nothing New?

Scope: Unfishable Waters!Scope: Unfishable Waters!

• 15.2% FMA10 closure• 15.3% 46mt exclusion• 2.6% Seamount

closures• 33.9% To Deep to fish• Total 43% Unfishable

• 15.2% FMA10 closure• 15.3% 46mt exclusion• 2.6% Seamount

closures• 33.9% To Deep to fish• Total 43% Unfishable

Purpose – Biodiversity Protection?Purpose – Biodiversity Protection?

To conserve indigenous marine biodiversity… from what, for whom?

• representative examples of the full range of marine communities and ecosystems that are common or widespread

• outstanding, rare, distinctive• natural features that are part of the

biological and physical processes

To conserve indigenous marine biodiversity… from what, for whom?

• representative examples of the full range of marine communities and ecosystems that are common or widespread

• outstanding, rare, distinctive• natural features that are part of the

biological and physical processes

Principles - Biodiversity?Principles - Biodiversity?

1. Should include a range of habitats, communities and ecosystems?

2. Natural state?

3. Historic material?

4. Facilitate use and enjoyment and protect the quality of the experience?

1. Should include a range of habitats, communities and ecosystems?

2. Natural state?

3. Historic material?

4. Facilitate use and enjoyment and protect the quality of the experience?

Principles - Decision Making?Principles - Decision Making?

5. Best available information6. Consider nature of Uncertainty7. If in doubt create a Marine

Reserve?8. Management should tend to

protecting and preserving?

5. Best available information6. Consider nature of Uncertainty7. If in doubt create a Marine

Reserve?8. Management should tend to

protecting and preserving?

Terms of Reference Treaty Reference

Terms of Reference Treaty Reference

Required acknowledgement of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992?

No acknowledgement of the Fisheries Deed or Settlement Act

Required acknowledgement of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992?

No acknowledgement of the Fisheries Deed or Settlement Act

2. Fisheries Management Implications

2. Fisheries Management Implications

Marine Species BiologyMarine Species Biology

• Marine Species are predominantly broadcast spawners – most of the young do not survive!

• Larval survival is largely dependant on environmental conditions outside our control!

• How then do Marine Reserves make more fish?

• Marine Species are predominantly broadcast spawners – most of the young do not survive!

• Larval survival is largely dependant on environmental conditions outside our control!

• How then do Marine Reserves make more fish?

Dynamic Pool ModelDynamic Pool Model

Growth

Biomass

A Renewable Resource

RecruitmentHarvest

Mortality

Carrying CapacityCarrying Capacity

Time

1

2

3

4

No.

Compensatory GrowthCompensatory Growth

• Increased availability of food• Increased growth rates and

health• Early sexual maturity and

reproduction• Early entry of new recruits• Fast growth

• Increased availability of food• Increased growth rates and

health• Early sexual maturity and

reproduction• Early entry of new recruits• Fast growth

Managed FishingManaged Fishing

Time

Yield

Managed

Unrestrained

3. Treaty Implications3. Treaty Implications

Treaty of Waitangi ProvisionsTreaty of Waitangi Provisions

Article I Article II Article III

CROWN AUTHORITY TINO RANGATIRATANGACITIZENSHIP RIGHTS

POWERS OF GOVT AUTHORITY OF TRIBES STATUS OF MAORI

INDIVIDUALS

Article I Article II Article III

CROWN AUTHORITY TINO RANGATIRATANGACITIZENSHIP RIGHTS

POWERS OF GOVT AUTHORITY OF TRIBES STATUS OF MAORI

INDIVIDUALS

Key Components of the Fisheries Settlement ActKey Components of the Fisheries Settlement Act

• Commercial Quota, Cash and Subsidiaries

• Customary Use and Management rights

• Participation Management & Conservation of NZ fisheries

• Commercial Quota, Cash and Subsidiaries

• Customary Use and Management rights

• Participation Management & Conservation of NZ fisheries

Customary RegulationsCustomary Regulations

North Island

30/09/2001

Established Disputed

Rohe 6 60

Kaitiaki 30 172

Mataitai 0 N/A

Customary RegulationsCustomary Regulations

• The Customary Regulations are NOT providing for the protection of traditional fishing grounds

• This is a particular problem in the North Island

• Marine Reserves are going to target these areas

• The Customary Regulations are NOT providing for the protection of traditional fishing grounds

• This is a particular problem in the North Island

• Marine Reserves are going to target these areas

Customary Regulations ProblemsCustomary Regulations Problems

• Traditional Fishing Grounds are more than likely to contain the most species richness

• Marine Reserves can not become established when a Mataitai reserve already exists

• BUT you can not establish a Mataitai Reserve until all disputes are resolved

• Traditional Fishing Grounds are more than likely to contain the most species richness

• Marine Reserves can not become established when a Mataitai reserve already exists

• BUT you can not establish a Mataitai Reserve until all disputes are resolved

• The disputes process allows individuals to lodge disputing submissions

• No clear process to resolve the disputes

• No resources or funding available to facilitate disputes resolution

• The regulations must URGENTLY be completely fixed

• The disputes process allows individuals to lodge disputing submissions

• No clear process to resolve the disputes

• No resources or funding available to facilitate disputes resolution

• The regulations must URGENTLY be completely fixed

Implementing the SettlementImplementing the Settlement

• A long way to go yet!

• Commercial– Slow start but good plan now

• Customary– Initial progress but now floundering

• Participation– New developments occurring

• A long way to go yet!

• Commercial– Slow start but good plan now

• Customary– Initial progress but now floundering

• Participation– New developments occurring

Convention on BiodiversityOceans Policy?Convention on BiodiversityOceans Policy?

Biosecurity Strategy

Biodiversity Strategy

Environmental Strategy

Marine Protected Areas Strategy

Customary Rights Marine Farms

Recreational Rights

Marine Reserves

4. Key Points - Solutions4. Key Points - Solutions

Purpose?Purpose?

Biodiversity

Protection?

▼

Threat Identification

Risk Assessment

Mitigation Options

Restoration Plan

Monitor and Review

Biodiversity

Protection?

▼

Threat Identification

Risk Assessment

Mitigation Options

Restoration Plan

Monitor and Review

Re-allocation of

use rights?

▼

Impact Assessment

Quantify Loss

Compensation Options

Prior Informed Consent

Implement Settlement

Re-allocation of

use rights?

▼

Impact Assessment

Quantify Loss

Compensation Options

Prior Informed Consent

Implement Settlement

The Ultimate TestThe Ultimate Test

• Will a Marine Reserve achieve the PURPOSE of Biodiversity Protection from know threats?

• How will this be demonstrated to the satisfaction of displaced rights holders?

• Will a Marine Reserve achieve the PURPOSE of Biodiversity Protection from know threats?

• How will this be demonstrated to the satisfaction of displaced rights holders?