Swordfish Initial Position
Paper - Part 2
Management
Proposal
Jan
2004
The following
is Part Two of the Ministry of Fisheries management
proposal for swordfish as presented in the Initial Position Paper
(IPP).
The complete IPP is available
in a printable format (pdf) here
» » (102 Kb)
Swordfish IPP Part
One here » »
Swordfish IPP Annex
One here » »
Swordfish IPP Annex
Two here » »
Swordfish Management Page
here » »
Contents
SWORDFISH
(SWO)
Allocation
of TAC
- The TAC constitutes a composite of the respective stakeholder
groups' catch allocations, plus any other fishing-related mortality.
When setting any TAC, a TACC must be set, as well as allowances
determined for the Maori customary and recreational fishing interests
and for any incidental fishing related incidental mortality.
- The 1996 Act sets out a process by which the TAC is to be allocated.
However, no explicit statutory mechanism provides guidance as
to the apportionment of the TAC between sector groups either in
terms of a quantitative measure or prioritisation of allocation.
- There is information available for catch history (current utilisation)
but only anecdotal information for utility value. In shared fisheries
MFish has a policy preference in favour of the catch history allocation
model in the absence of clear information to the contrary. While
the utility based model is not discounted altogether its application
to swordfish is problematic as there is no current information
available to explicitly value swordfish to the recreational sector.
Recreational
Allowance
- The Recreational sector has an historical involvement with the
swordfish fishery and wishes to retain access to trophy-sized
fish. As indicated in Annex Two, there
is no estimate of the recreational catch of swordfish from recreational
harvest surveys. Known recreational catches to date have been
relatively small (records suggest that that proportion of the
recreational catch attributed to gamefishing has averaged seven
swordfish per year since 1987 - 88 with a maximum of 36 fish in
1992 - 93). Based on these records and allowing a small nominal
amount for unknown catches and for leisure fishing provides the
basis for the proposed recreational allowance.
- The proposed recreational allowance is 20 tonnes (set out in
Table 1 above). MFish notes the
potential for further recreational development of the swordfish
fishery.
Customary
Maori allowance
- Policy guidelines provide several options for setting a customary
allowance. Where estimates are not available, but there is known
to be customary catch, a nominal allowance may be made. For stocks
of importance to customary Maori the allowance may be based on
the level of the recreational catch. For species and stocks where
there is some catch, but the stock is not considered of importance
to customary Mäori, then the allowance may be based on half the
recreational catch.
- It is possible there has been customary harvest, however, swordfish
is not considered to be of importance to customary Maori. MFish
considers that customary fishers make less use of swordfish than
recreational fishers and proposes to use 50% of the current level
of recreational utilisation as the basis for the proposed customary
allowance.
- The proposed Customary Maori allowance is 10 tonnes (set out
in Table 1 above).
Allowances
for other sources of mortality
- The proposed allowance for other sources of incidental fishing
related mortality is four tonnes (set out in Table
1 above).
- Swordfish smaller than about 25kg and badly damaged swordfish
have little or no commercial value. It is assumed discards are
damaged and unmarketable fish. Commercial discard rates appear
to be small (about 0.44% on average) with most (57%) of the discarded
swordfish dead upon their return to the sea. Discarding will be
illegal once the species enters the QMS. Accordingly, a nominal
allowance for incidental mortality of 4 tonnes is proposed for
fish that are lost before they are landed on board the vessel.
TOP
TACCs
-
The proposed TACC
is 885 tonnes (set out in Table
1 above).
-
MFish notes the potential
for further commercial development of the swordfish fishery
both in terms of a target fishery and associated with increased
tuna longlining. However it assesses there are medium to high
risks in terms of sustainability and of localised depletion
of swordfish of increased fishing for this species. MFish assesses
any risk of overcatching swordfish is moderate to low, even
though further development of tuna fishing is proposed.
This is because, as noted in Annex
Two, at paragraph 92 there is considerable potential for
swordfish catch rates to be managed by fishers depending on
the adoption of appropriate fishing practices.
-
MFish notes
the uncertainty in this assessment and that research on the
stock structure of swordfish is proposed. MFish notes that as
new information comes to hand there is provision for the possibility
of an in-season review of the TAC to take advantage of available
yield beyond any pre-determined target stock level.
-
On this basis MFish
considers that the TACC be based on the average of the recorded
landings of the last three completed fishing years. Accordingly
there is one TACC option proposed for SWO 1. Based on the average
of the last three years commercial landings from this management
area it is proposed that the TACC be set at 885 tonnes.
-
MFish assesses there
will be limited socio-economic impact associated with adoption
of this option because it is based on current commercial utilisation.
The proposed TACC has been calculated using average commercial
landings for the last three years of fishing. This may understate
or overstate current commercial utilisation in terms of the
period chosen. MFish notes that commercial landings of swordfish
peaked in 2000-01 and has since declined. Accordingly changing
the years used to calculate average commercial landings could
potentially increase or decrease estimates of current commercial
utilisation. Any potential impact from adopting different estimates
of current utilisation can be measured as direct opportunity
costs. A tonne of swordfish has a value and any reduction in
tonnage for the commercial sector as a result of a lower TACC
can be measured in terms of a forgone value. MFish considers
that any such impacts can best be measured by forgone annual
earnings as provided by the port price of swordfish ($6,460
/ tonne) .
TOP
Other
Management Measures
- Specific measures are proposed for providing for inclusion of
swordfish on the Third Schedule, as a species for which is not
possible to estimate MSY.
-
Current fishing practice
is for all sectors to release small swordfish. MFish has evaluated
introducing an MLS and/or including swordfish on the Sixth Schedule.
MFish notes the potential for a matrix of possible combinations
of these options.
-
Specific measures
are proposed for setting deemed values and amending fisheries
reporting regulations.
-
The issue of reviewing
voluntary area restrictions is a matter that could be undertaken
in the future.
Inclusion
of swordfish on the Third Schedule
- MFish proposes that swordfish be added to the Third Schedule
of the 1996 Act to allow the TAC for swordfish to be set pursuant
to s14. Section 14 of the 1996 Act provides for alternative TACs
when the Minister is satisfied that the purpose of the 1996 Act
is better achieved than otherwise setting a TAC under s13(2).
One of the criteria for inclusion of stocks on the Third Schedule
is where it is not possible to estimate MSY, because of the biological
characteristics of the species.
- Swordfish is a highly migratory species and those caught in
New Zealand waters are probably part of a stock that includes
the central south Pacific. In this context it is not possible
to estimate MSY for that part of the stock that is found within
New Zealand fisheries waters. Species managed under s14
must be listed on the Third Schedule to the Act by an Order in
Council. Details of this proposal are set out in Annex
One at the end of this section.
Return of
swordfish to the water
- Current fishing practice is to release small swordfish because
they have little market value and some fishers believe they are
optimising yield per recruit by releasing lively small fish in
the hope they will be recaptured when larger.
- One way of allowing release of small fish is to implement a
minimum legal size (MLS). The rationale for any minimum MLS in
the swordfish fishery is to reduce wastage and to optimise yield
per recruit. In general, there is more benefit to the fishery
by delaying recruitment to the fishery until fish have passed
through the most rapid phase of their growth. Swordfish grow rapidly
during the first year until they reach about 1 metre in lower
jaw to fork length (LJFL).
- MFish notes that the Billfish Memorandum of Understanding of
October 1996 imposed a voluntary recreational minimum size no
smaller than 90 kilograms or less than 2.4 metres LJFL. From published
length / weight / age curves for swordfish a 2.4 metre LJFL fish
weighs about 175 kilograms and is about 10 years of age (by comparison
a 90 kilogram fish is about 1.9 meters LJFL and about six years
of age).
- MFish notes that the International Commission for the Conservation
of Atlantic Tunas (ICCAT) recommends a minimum size of 1.25m LJFL
for commercial fishing within the Atlantic Ocean. Such a fish
is estimated to weight about 25 kilograms and be two years of
age.
- Swordfish grow most rapidly during their first year of age and
probably the greatest benefit in terms of optimising yield per
recruit is by protecting swordfish less than 1 meter LJFL. Accordingly,
if a MLS were to be implemented, MFish would suggest an MLS of
1 meter LJFL.
- Any benefit to the fishery from an introducing a MLS cannot
be quantified with certainty. Age and growth of swordfish
is currently uncertain, and no yield per recruit analysis has
been undertaken. In addition, MFish assesses from observer data
that only about 43% of swordfish are brought to the fishing vessel
alive and would survive release to the water after capture by
longline. The benefits of imposing an MLS are reduced because
longline caught swordfish have a low survival rate. That is, there
is little benefit in returning small dead fish to the sea. Any
benefit of an MLS from increased yield per recruit is likely to
be offset by increased wastage in the fishery because all undersized
fish (of which 57% are likely to be dead) must be returned to
the water. Accordingly, if this measure were to be adopted and
resulted in changes from current fishing practices, the allowance
for fishing related mortality would need to be increased. MFish
does not support imposition of an MLS for swordfish because of
the potential for wastage in the fishery.
- As an alternative to the implementation of an MLS, swordfish
could be placed on the Sixth Schedule of the Act to provide fishers'
flexibility to control catches of small fish. The Sixth Schedule
provides a means for a commercial fisher to return fish to the
water subject to stated requirements set out for that stock.
- In general, most stocks subject to the QMS are required to
be retained by commercial fishers, and are therefore not listed
on the Sixth Schedule. The requirement to retain fish taken provides
an incentive for commercial fishers to ensure that their fishing
activities are in line with the harvesting rights held, and reduces
the potential for high grading of the catch. Therefore, ensuring
compliance with the Sixth Schedule provisions in order to prevent
discarding of dead swordfish is potentially problematic, especially
where a high deemed value relative to port price is proposed (as
is the case with swordfish).
- As mentioned previously, in the absence of an MLS, introduction
of swordfish into the QMS would require that the current fishing
practise of releasing any small swordfish that are alive would
no longer be legal. However, in circumstances when the fish is
less than a certain size and the fish are likely to survive, the
Sixth Schedule could provide flexibility to maintain current fishing
practises that might be improving yield per recruit.
- MFish considers that there would be benefits to the stock in
not landing small swordfish as long as there is a high likelihood
of survival. The MFish's initial view is that the proposal to
use the Sixth Schedule provides most benefit to the stock.
- MFish proposes introducing swordfish onto the Sixth Schedule
of the Act with the following stated requirements for SWO 1:
- only fish that are smaller than 1 metre LJFL; and
- are likely to survive and can be returned to the sea as soon
as is practicable after being taken.
Deemed values
and overfishing thresholds
- A separate section of this document sets out generic information
on the setting of interim and annual deemed values.
- The port price for swordfish is $6.46. Given this high value,
the best fit for swordfish would seemingly be the category of
high value single species fisheries fishstocks for which the deemed
value would be set at 200% of port price. However, as swordfish
is primarily a bycatch of the tuna longline fishery, it does not
satisfy the second part of this category – that a species
is taken with little, if any, bycatch. MFish therefore proposes
two options for setting the swordfish deemed value:
- Set the deemed value at 200% of the port price, ie, an annual
deemed value of $12.92;
- A second option would be to place swordfish in the "All Others"
category, ie, apply a 75% factor to the port price of $6.46, deriving
a deemed value of $4.85.
- MFish would welcome stakeholder comment on these two options.
- It is further proposed that differential deemed values apply.
MFish does not propose to set an overfishing threshold for swordfish
unless monitoring of catch against the TACC suggests that this
is required in the future.
Consequential
amendments to regulation
- As a consequence of the introduction of swordfish into the QMS,
MFish proposes to introduce a number of amendments to the reporting
regulations to ensure the effective and efficient operation of
the QMS. Details of the proposed amendments are set out in a generic
section of this document.
Area restrictions
- In the past domestic commercial tuna longline fishers agreed
to avoid fishing certain areas to reduce conflict over recreational
access to swordfish. However, since 1993 the commercial domestic
fleet has grown much larger and no longer observes these area
agreements.
- The New Zealand Big Game Fishing Club have suggested revised
areas of spatial separation of sectors fishing for swordfish (refer
Annex Two). MFish considers that, while
the potential for local depletion is a matter that is relevant
to allocation between fishing sectors, the detail of spatial allocation
to address local depletion is a matter for resolution between
the sectors. Current legislation requires dispute procedures to
be followed before regulatory measures can be considered to provide
for spatial separation between fishing sectors. Accordingly no
area restrictions are currently proposed.
TOP
Statutory
Considerations
- In evaluating the management options the following statutory
considerations have been taken into account:
- The management options seek to ensure sustainability of the
stock by setting a TAC and other appropriate measures. Utilisation
is provided by way of setting allowances for commercial, recreational
and customary fishers. The proposed TAC for swordfish is set on
the basis of current utilisation.
- Setting a TAC for swordfish clearly signals New Zealand's willingness
to actively manage highly migratory species and meet its international
obligations with regard to the exercise of reasonable restraint.
MFish considers issues arising under international obligations
and the provisions of the Treaty of Waitangi (Fisheries Claims)
Settlement Act 1992 (s5) are adequately addressed in the management
options for swordfish.
- The current fishery for swordfish is primarily a bycatch fishery.
It is likely that within a QMS management regime swordfish will
become a target fishery. Nevertheless, quota for swordfish is
likely to be retained to cover the bycatch of fishing for bigeye
tuna and become more part of a tuna longline mix of species.
- A wide range of fish species are taken as bycatch of tuna longline
fishing. Catch levels vary but many of these species are only
rarely taken. The main fish bycatch species associated with the
surface longline fishery within the EEZ are to be introduced into
the QMS. The QMS will provide the mechanisms for sustainability
actions as required
- There are however a suite of species that are unlikely to enter
the QMS in the short term. Our knowledge of these species is limited.
There is a risk that the tuna longline fishery will affect the
long-term viability of these species. Tuna longline fisheries
also occasionally catch fur seals, cetaceans and turtles within
New Zealand fisheries waters. There are therefore potential impacts
on associated and dependent species, biodiversity and protected
species that will require monitoring and possibly future management
action. The entry of swordfish into the QMS will improve our ability
to address these issues by requiring the incorporation of new
information as it comes to hand in the process of determining
catch limits for the fishery.
- Surface longline fishing is a fishery with known seabird interactions.
MFish and the Department of Conservation are currently evaluating
submissions on a draft National Plan of Action to Reduce the Incidental
Catch of Seabirds in New Zealand Fisheries. This draft plan sets
out a strategy to reduce the incidental catch of seabirds.
- Existing controls that apply to swordfish are outlined in Annex
Two. Recruitment of swordfish is not known to be variable
at the current levels of stock biomass.
- Before setting any sustainability measure the Minister must
have regard to any provisions of any regional policy statement,
regional plan, or proposed regional plan under the Resource Management
Act 1991, and any management strategy or management plan under
the Conservation Act 1987 that applies to the coastal marine area
and is considered to be relevant by the Minister. MFish is not
aware of any provisions in any strategy or planning document under
the Resource Management Act or Conservation Act that are relevant
to the setting of sustainability measures for swordfish.
- MFish notes that the setting of a sustainability measure (ie,
a TAC) for swordfish is consistent with s7 and s8 of the Hauraki
Gulf Marine Park Act 2000. The Minister is required to have regard
to these provisions. This Act's objectives are to protect and
maintain the natural resources of the Hauraki Gulf.
- Before setting any sustainability measure the Minister must
also take into account any conservation services or fisheries
services, any relevant fisheries plan approved under the Act,
and any decisions not to require conservation services or fisheries
services. There is no relevant fishery plan approved that would
have any bearing on the setting of TACs for swordfish, and similarly
no decision has been made not to require conservation services
or fisheries services relevant to swordfish.
- The nature of the fishery and the interests of the respective
fishing sectors have been considered in setting the TACC and allowances
for recreational and customary interests and all other mortality
to the stock caused by fishing. No existing mataitai is likely
to effect commercial fishing for swordfish given the offshore
nature of the surface long line fishery. Similarly no area closed
for customary fishing is known to affect commercial fishing for
swordfish. Voluntary restrictions agreed to under the Billfish
Moratorium on commercial fishing within SWO 1 to protect recreational
interests are no longer observed.
- The information used to develop proposals for swordfish relies
on biological information and life history parameters derived
for swordfish overseas. There is uncertainty in asserting these
are applicable to swordfish in New Zealand waters.
- The level of the non-commercial catch for swordfish within New
Zealand fisheries waters is uncertain with regard to setting allowances
for recreational and customary Maori use. MFish notes however
that uncertainty in information is not a reason for postponing
or failing to take any measure to achieve the purpose of the 1996
Act.
TOP
Preliminary
Recommendations
- MFish recommends that the Minister:
- Agrees to achieve the purpose of the 1996
Act by setting a TAC otherwise than in accordance with s13(2)
by setting a TAC of 919 tonnes for SWO 1 and within that TAC set:
- A customary allowance of 10 tonnes;
- A recreational allowance of 20 tonnes;
- An allowance for other fishing-related mortality of 4 tonnes;
and
- A TACC of 885 tonnes.
- Agrees to set a deemed value for swordfish
of either:
- $12.92 / kg or
- $4.85/kg
- Agrees that differential deemed values apply;
-
Agrees to listing swordfish on the Third
schedule and set a TAC pursuant to s14 of the 1996 Act
-
Agrees to amend the Fisheries (Reporting)
Regulations 2001 to outline the codes to be used by fishers
when completing their statutory catch returns
-
Agrees to introduce swordfish onto the Sixth
Schedule of the Act with the following stated requirements for
SWO 1
-
only fish that are smaller than 1 metre LJFL; and
-
are likely to survive and can be returned to the sea as soon
as is practicable after being taken.
Swordfish IPP Part
One here » »
Swordfish IPP Annex
One here » »
Swordfish IPP Annex
Two here » »
Swordfish Management Page
here » »
TOP
|
