Kahawai FAP Statutory Obligations

Kahawai Final Advice Paper - Statutory Obligations

Ministry of Fisheries

29 June 2004

Statutory Obligations and Policy Guidelines

Development Opportunity

48. MFish acknowledges that information on which to base catch limits in a number of non-QMS fisheries is deficient. However, in accordance with the use of the information principles, as discussed above, MFish believes that there is opportunity in a number of fisheries on introduction to the QMS to place greater weight on utilisation opportunity in the absence of any discernable risk to the stock or the aquatic environment when considering TACs.
49. Catch in a number of the fisheries proposed for introduction is not reflective of abundance, but rather has been influenced by the inability to obtain access to the fishery (as a result of the permit moratorium) and marketing/processing issues. In some cases there is also likely to be significant levels of underreporting, particularly in bycatch species. Introduction into the QMS will potentially provide more access opportunities and a better framework for managing the stock, given the reporting and catch balancing requirements on fishers.
50. The opportunity for development and the extent of utilisation provided for needs to be assessed on a stock by stock basis having regard to risk based on the following factors:

• Information on sustainability risk to the stock;
• Biology of the stock, including potential for localised depletion;
• Information on historical catch, if the stock has been lightly fished therefore biomass is likely to be close to virgin or at least above BMSY;
• Likely impacts of fishing on aquatic environment, including bycatch species etc;
• Socio-economic and cultural issues; and
• Anecdotal information on abundance, including consideration of the size of likely habitat in the management area.

51. In bycatch fisheries, in particular, interaction with other harvested stocks should be a consideration in any TAC proposed. In the absence of sustainability concerns fishers in bycatch fisheries will face punitive measures under the balancing regime if the TACs are not set appropriately.
52. While the initial TACs proposed are likely to provide some opportunity for development of the fishery by existing and/or new entrants, they might not provide the maximum utilisation possible for the stock. Further increases will require, in most cases, additional supporting information on the impacts of fishing on the stock and aquatic environment. There matters are best incorporated within stakeholder driven initiatives following introduction.
53. As a consequence of providing development opportunity above existing levels of utilisation, the TAC may not be fully caught immediately following introduction pending the development of harvesting/marketing/processing capacity. However, this in itself is not a reason not to provide opportunity for development when potential risk to the stock based on the factors noted above is considered acceptable.
54. MFish notes that a development opportunity within the TAC does not predetermine subsequent allocation decisions.

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Use of information

55. The nature of the information available about each stock is likely to vary. A hierarchy (set out below) is proposed in respect of the nature of the information and hence the weighting to be assigned to that information. As a general rule greater weight will be placed on information at a higher level on the hierarchy. Stock assessment information is afforded greater weight than a non-QMS catch limit set for the stock. A catch limit or commercial catch limit may be afforded greater weight than information about historical and current catch levels.
56. However, careful consideration is required in assessing the nature of any current catch limit. In some instances competitive catch limits may not be reflective of actual total landings for the stocks concerned. Competitive catch limits may have also acted to constrain effort in a fishery in support of the permit moratorium (ie to limit new entrants), rather than as a measure explicitly designed to ensure sustainability of the stock. They were originally designed to allow limited target fishing on a competitive basis for those fishers with existing permits.

57. The term ‘sustainability concern’ is used to describe a situation where, after considering all relevant issues, there is a conclusion that the existing non-QMS catch limit or current catch is not sustainable and should not be used as a basis for setting a TAC. The term ‘sustainability’ is intended to encompass issues relating to the stock itself and the effects of fishing on the aquatic environment (ie, impacts of fishing method, trophic relationships, target/bycatch stock complexes).
58. A significant increase in catch levels of a stock in recent years may not necessarily equate to increased abundance, but rather might be an indication of increased effort and targeting of the stock. Consideration of relevant information may result in a TAC being set that is more precautionary than the current catch level.

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Criteria for Determining Catch Levels

59. Criteria have been developed for determining catch levels and other sources of mortality. In the absence of other information TACs may be set at levels based on consideration of known or estimated levels of recreational, Mäori customary, and commercial catch and all other sources of fishing related mortality. The purpose of the exercise is to calculate the overall level of catch being taken from the fishery. The information about the catch of each sector group may act as a guide to the subsequent allocation of the TAC but, in itself, that will not be determinative of that exercise. The Minister makes a separate decision about allocation after setting the TAC.
    

60. In the absence of an estimate of sustainable yield from the fishery, or the presence of a robust and reliable Catch Limit (CL) or Commercial Catch Limit (CCL), an assessment of commercial catch based on the criteria of ‘stable’ or ‘developing’ has been undertaken. The criteria of ‘stable’ and ‘developing’ fisheries for estimating commercial catch were adopted in 1998 for the introduction of species into the QMS for 1 October 1998. A fishery is ‘stable’ when reported catches have remained relatively constant over an extended period of time (ie, in excess of three years). Included in the category of a ‘stable’ fishery are those stocks were the catch level has fluctuated over time. In most fisheries such fluctuation is anticipated as a natural biological occurrence. For ‘stable’ fisheries commercial catch has been calculated using the average catch for a period since 1986 where the catch level has been relatively stable in excess of three years.
61. A fishery is ‘developing’ where a substantial increase in catch has been recorded over the last three completed fishing years. Where this has occurred the average total landings over the last three completed fishing years have been used as a basis for determining current commercial catch.
62. Calculation of commercial catch based on the criteria of ‘stable’ or ‘developing’ is one factor to be considered when setting a TAC. As indicated above, there may be the potential to provide some opportunity for development of a stock above existing catch levels.

Analysis of TAC Options

63. An analysis of different potential TAC options is undertaken in respect of each stock where there are viable alternatives. Where more than one statutory TAC option is available (ie, ss 13, 14 or 14A) an assessment of relevant information is provided. An important consideration is the respective trade-offs between different TAC options in terms of potential economic return, information levels – current and future, and sustainability concerns (stock specific and general environmental). The purpose is to indicate the relative weighting assigned to different factors for each TAC option. In most instances only a relatively subjective qualitative assessment can be undertaken.