If you would
like to tell the decision makers and fisheries managers how you
feel about your kahawai fishery - Go
here
option4 and
NZBGFC have spent almost 1,000 hours producing this submission.
Please feel free to cut and paste, download or print off a copy.
A printable
version of this document is available. 
(176Kb)
Submission
on behalf of non-commercial fishers
Overview
The introduction
of kahawai to the Quota Management System provides the Minister
with the first opportunity to make some well-considered management
decisions in this fishery for many years. Mismanagement
of this fishery to date has resulted in a major decline
in availability of kahawai to non-commercial fishers.
The Ministry
of Fisheries in its IPP has chosen to ignore the well-founded
concerns of non-commercial fishers expressed
over many years. Instead they are proposing to allow the fishery
to continue to decline by basing quotas on recent catch history.
We believe this advice if followed will prevent future Ministers
from making any management decisions to rebuild the customary
and recreational fisheries because it will then require compensation
to commercial fishers to reduce their excessive quota. The time
to decide on the future of the kahawai fishery is now.
Poor management
of kahawai adversely affects all non-commercial fishers equally.
If a decision is made that continues to permit excessive commercial
catches and further decline in this fishery it will adversely
affect customary Maori harvest as well as
all other non commercial users. Failure to allow for both customary
Maori and recreational interests is in contravention of section
21 of the Fisheries Act 1996.
Non-commercial catch rates for kahawai have plummeted
in most areas. An outraged public attribute the decline to the
impact
purse seine fishing has had on kahawai
stocks. Purse seine boats capable of taking entire schools of
kahawai in a single set land 75% of the commercial harvest. The
unrestrained use of this method produced a collapse in non commercial
catch-rates during the late 1980s and early 1990s. The decision
to allow purse seining has allowed this method to encroach on
the rights of all non-commercial fishers. The injustices produced
by this decision have not been addressed by MFish's proposal to
allocate quota in perpetuity to commercial fishers.
The ordinary
people of this country are clearly angry about what has happened
to their kahawai and are asking to be given back access
rights to their fishery. Many believe the very people now
queuing up for overly generous gifts of kahawai quota have effectively
stolen it from them.
This paper provides an
alternative
management approach to the
single option
in the IPP. Our option promotes the benefits of a lower overall
TAC which will allow for a rebuild of the kahawai stocks to properly
allow for all non-commercial fishing interests. Our approach recognises
the damage caused by the rapid expansion of the targeted purse
seine fishery in the midst of what was a stable recreational,
customary and commercial by-catch fishery. We strongly argue that
the kahawai fishery should be rebuilt, and that this should be
achieved by removing the targeted purse seining catch history
from calculations before setting the TACC. It is our opinion purse
seining, which has clearly been the cause of the decline in this
vulnerable inshore fishery, should never have been allowed in
the first place. Our objective is to restore the catch rates of
all non-commercial fishers: customary Maori, sustenance and recreational
to pre purse seine levels.
Under the
Deed of Settlement the Minister is required to provide for and
protect customary Maori fishing rights as well as providing a
commercial allocation of 20% of new species to Maori. In this
case, sustainability of the resource and adequate
access for non-commercial fishers must have priority over commercial
allocation. It is a delusional exercise to "allow for" a 1500
tonne customary catch when the fishery is so depleted that nowhere
near that amount can possibly be caught.
Commercial fishers
land most kahawai as bulk fish to keep the purse seiners and
the factory staff working through the off-season. Industry has
had thirty years to develop a value added product from the bulk
kahawai catch. They have not managed to do this.
Its time
to give back the fish taken unjustly from
the people through the mindless implementation of property rights
ideology in this fishery. The Government has a very clear choice:
it can promote the corporate interests of a handful of uneconomic
purse seiners, or recognise the legitimate interests of over one
million New Zealanders.
All non-commercial
fishers place a high value on kahawai. For some coastal communities
it is the primary source of protein. Before the advent of the
targeted commercial fishery, kahawai were the most reliable source
of finfish kaimoana used by tangata whenua to provide for hui
and tangi. Other people, including a growing legion of international
fans, enjoy the sport of catching them on fly or lure, while for
many the value is in the wonder generated by the almost lost spectacle
of vast schools of kahawai moving through our harbours and up
our coasts. Diving birds, working dolphins and kingfish associated
with such boil-ups fills the observer with joie de vivre. It would
be a sad reflection on New Zealand, our policy makers and our
industry chiefs to repeat the errors of our history by plundering
yet another natural resource without recognition of its place
in our heritage, tradition and culture.
A cautious
approach to management is required because of the importance
of kahawai in the marine ecosystem. While the ecological significance
of kahawai is not well understood, anecdotal evidence points to
a decline in a number of seabirds whose feeding habits required
the assistance of kahawai. The most notable decline has been in
white fronted terns, locally known as "kahawai birds". Other anecdotal
evidence points to the appearance of plagues of barracouta since
kahawai have been a targeted commercial catch. Further, the common
observation of both kingfish and dolphins feeding in kahawai driven
boil-ups suggests they also play a significant role in the ecology
of sea mammals. The viability of some dolphin populations is currently
under scrutiny.
The kahawai
IPP proves once again that the Ministry's goal is to slavishly
follow it's property rights ideology and promote development of
any commercial fishery, no matter how low its value, at the expense
of the cultural and recreational values held by the public of
this country. We fail to see how the Ministry has fulfilled its
statutory obligation to take into consideration
the social and cultural values of the non-commercial sector. We
believe that acceptance of this IPP will entrench the ongoing
hardships and perpetuate the injustices caused by MFish's failure
to recognise the just claims of the non-commercial fishing community.
TOP
1.
Introduction
1.1
Representative groups
The Minister
of Fisheries (the Minister) has invited stakeholders to provide
submissions on the Ministry of Fisheries' Initial
Position Paper– Introduction of New Species into the
Quota Management System on 1 October 2004 (IPP), prior to
the Minister making his final decision on the setting of Total
Allowable Catches, Total Allowable Commercial catches and the
measures taken to allow for non-commercial catch. It is noted
that the deadline for submissions for 19 species was originally
Friday 27 February but an extension was granted for kahawai submissions
following requests from a number groups.
This document comprises the primary submission
from the following non-governmental organisations (NGOs) that
promote the interests of non-commercial marine fishers in New
Zealand.
1.1.1
option4
option4
was formed in the year 2000 by a concerned group of recreational
fishers, in response to MFish's invitation to participate in the
process of redefining the nature and extent of the rights of the
public to gather seafood in New Zealand.
The Ministry
of Fisheries (MFish), in conjunction with the New Zealand Recreational
Fishing Council, compiled a discussion document called "Soundings".
This document suggested three options for the future management
of the public's rights and access to public fisheries.
In option4's
opinion none of the three options presented were acceptable for
the future management of New Zealand's recreational fisheries,
nor were they capable of improving the lot of non-commercial fishers.
This was because all the proposed options in the "Soundings" document
allowed for the continual erosion of the fishing public's individual
rights.
option4.co.nz
was developed to ensure that the fishing public,
clubs, organisations and individuals could send a clear message
to the Government's fisheries managers on what is required to
ensure that the rights of current and future generations of non-commercial
fishers are protected.
Since its
formation four years ago, option4 has gained widespread support
from the recreational fishing public, clubs and organisations
of New Zealand. In 2001 over 61,000 individual submissions supporting
the principles of option4 were made to the Minister of Fisheries
on the "Soundings" process. This represented an overwhelming majority
of 98.3% of total submissions received on the issue. Since then,
more than 35,000 further individuals have either confirmed their
support for the 4 principles or subscribed to the monthly Updates
and Alerts.
Through its nationwide network, regular monthly
Updates published in Fishing News, its website
www.option4.co.nz
and with on-going support from recreational fishing clubs
and organisations, option4 has established that it has the support
of a large section of the recreational fishing public of New Zealand.
Furthermore,
option4 representatives have made a full contribution to the process
known as the "Ministerial Consultative Group" that met many times
with the Minister and Ministry officials throughout 2001.
In 2002
there was little activity or discussion with Minister or Ministry
regards future management of the public's rights and access to
public fisheries. However, this hiatus did see the 4 Principles
that option4 promoted endorsed by NZRFC, NZBGFC and NZACA. The
"Consensus Letter" to the Minister in December 2002 further confirmed
these fundamental principles - https://option4.co.nz/oldsite/consensus.htm
2003 saw
option4 representatives once again play a full part in the next
new process initiated by the Minister known as the Reference Group.
An exhaustive analysis and discussion commanding all available
resources that culminated in another "consensus letter" to the
Minister outlining elements of reform that were opposed and elements
that were supported - https://option4.co.nz/oldsite/refgpl1203.htm
The Minister's
acknowledgement of this correspondence sets the scene for future
work - https://option4.co.nz/oldsite/refgplminr1203.htm
option4
have submitted on a wide range of fisheries management proposals
since 2001. These submissions and the other relevant process documentation
may be reviewed online at https://option4.co.nz/Fisheries_Mgmt/species.htm
. The above brief outline of option4 involvement in fishery
matters is somewhat at odds with the description of option4
offered by Ministry to the Minister in the "Briefing for the Minister
of Fisheries" paper (dated 5/3/04) which states –
"Option 4 (Please note the ongoing incorrect
spelling of the name of our group – option4). This is an
issues-based group that arose in response to an earlier Ministry
attempt at reform (Soundings). It does not claim to represent
amateur fishers, but has actively participated in the current
reform process".
1.1.2
NZ Big Game Fishing Council
The NZ Big
Game Fishing Council (NZBGFC) was formed in 1957 to act as an
umbrella group for sport fishing clubs and to organise a tournament
that would attract anglers from around the world. Club membership
has grown steadily and it now represents more than 33,000 financial
members in 61 clubs spread throughout NZ. They still run New Zealand's
only nationwide fishing tournament, which has evolved over time
and remains successful.
The NZBGFC
compiles and publishes the New Zealand records for fish caught
in saltwater by recreational anglers. The Council identified kahawai
as an excellent sport fish and in the 1970s was instrumental in
having the species recognised by the International Game Fish Association
as a qualifying species for world record catches.
In the
early 1980s the NZBGFC helped to establish and fund the NZ Recreational
Fishing Council (NZRFC) to ensure better representation of non-commercial
fishers at a national level. The NZRFC continues to be recognised
in this role.
The NZBGFC has been
a consistent contributor to the fisheries management process
for many years. It was a key contributor to discussions on kahawai
purse seine limits in the early 1990s, has regularly sent representatives
to MFish working groups, and has made written submissions on
a wide range of management issues and species. In recent years
its membership has expanded beyond the traditional deep-sea
angling clubs to include many local clubs targeting inshore
species.
1.1.3
NZ Angling and Casting Association
The NZ Angling
& Casting Association Inc. (NZACA) was formed nearly 50 years
ago as the parent body for boating clubs, small boat and shore
fishers. It maintains that 'parenting' role today.
The NZACA
was a foundation member of what is now the NZ Recreational Fishing
Council (NZRFC) and is part of their executive. NZACA was one
of the few recreational fishing voices on the former Consulting
Committee set up by the Minister of Fisheries dealing with the
complete NZ Fishery.
The NZACA
is a member of the International Casting Federation and is affiliated
to the International Game Fish Association (IGFA). The NZACA is
the governing and issuing body for NZ fishing records for all
species other than those recognised as game fish. These records
are open to all fishers in shore and boat caught categories, ladies,
mens and junior grades. NZACA hold two annual national casting
competitions per year in an effort to encourage casting competitions
at club level.
The NZACA
participate in the consensus forum with the NZRFC, NZ Big Game
Fishing Council and option4. This forum has been active over the
past few years in the process to protect and improve the right
of non-commercial fishers to access and harvest seafood and has
also contributed to fishery management processes.
Whilst having an important
"political" role the NZACA encourages the development
of good fellowship and closer comradeship among amateur fisherpersons.
The NZACA promotes the conservation of fish, the marine environment,
our natural resources and the continued access to these resources
for all New Zealanders.
1.1.4
Public Submissions
Non-commercial representatives
were convinced the Ministry had not given the public adequate
opportunity to submit on the kahawai proposal. To address this
and other concerns regarding the IPP an electronic notice was
delivered to the option4 database and others.
The notice, option4
Alert #6, was
sent on April 8 th 2004. The Alert #6 offered a summary of the
proposal, what the likely implications were if the proposal
was successful and what the public could do in response. An
online submission facility was created that enabled the public
to make an individual submission. They could also choose to
support the draft discussion document that would form the basis
of the joint submission from option4, NZBGFC and NZACA.
In seven days over 600 individual submissions
were received through the option4 website and all were supportive
of the joint submission. These submissions were delivered to
option4, Ministry personnel and certain politicians as they
were entered online.
A final analysis of the submissions will be completed at the conclusion
of the process. The overwhelming response from the public, many
with heartfelt comments added to their individual submissions
proves the kahawai fishery is of major concern and importance
to the public who fish. It also proves the public are outraged
by the Ministry proposal and are likely to be carefully watching
how well their submissions are considered.
1.2
History of kahawai fisheries
Kahawai
has a long history of use in New Zealand. It was a frequent
catch, and an important food for Maori in some areas. Early New
Zealand authors have described the abundance and sheer visual
spectacle of huge schools of kahawai. They describe the hard fighting
qualities of kahawai on rod and reel and lament the decline of
this major inshore species. Some of this history is best described
by the authors of the time.
Rod
Fishing in New Zealand Waters by T. E. Donne 1927
Kahawai fishing
by Maori
'On reaching
the scene of the schooling, four or more lines were trailed from
each canoe, to the end of each line there was attached a hook
formed of a shank of hard wood, inlayed with a piece of the bright
green iridescent paua shell (halieotus) to which was
fitted a sharp, barbed point of bone-no bait.
The canoes
were then paddled quickly to and fro, up and down, with the tide,
across it and against it; racing, twisting, turning amongst the
thousands upon thousands of jumping, sprat-catching kahawai that
"took" the bare hooks as salmon take the fly. There was
great excitement amongst the Maoris: yells of glee, shouts of
success, boasting of cleverness, and songs of joy. The shouting
of the human beings, the activities of the kahawai, the flip-flopping
of the frightened sprats and the raucous screaming of the sea-birds
made a commotion that was bewildering to watch and ear-splitting
to listen to, as men, fishes and birds pursued their fishing competition.'
Rod
Fishing in New Zealand Waters by T. E. Donne 1927
Page 112
'The schooling or
"shoaling" of the kahawai is a truly wonderful sight and one
not to be forgotten on a long summer day; thousands upon thousands
of these active fishes enter into a riotous ravenous feed of
small mullet; amongst the myriads of these "sprats" the kahawai
dart hither and thither, never for a moment ceasing to snap
and swallow their prey, the jumping, splashing, twisting sea
salmon, as he is termed, lashes the surface water into violent
agitation as if a huge super-heated cauldron were at it greatest
activity in the midst of the calm sea; it appears as if fishdom
has gone quite crazy, and, to add additional turmoil and a tremendous
accession of noise, ten thousand sea – birds – gulls
and terns – appear like a huge, animated black and white
cloud, falling on and rising from the sea. They dart down on
the unlucky sprats that have no rest either in the sea or out
of it; the voracious kahawai drive them to the surface and the
hungry birds drive them down again until the bewildered sprat
does not know whether in the immediate future he is to become
bird or fish. The general melee and the calling, crying, discordant,
air-piercing shrieking of the birds, creates a pandemonium that
is indescribable.'
The
Saltwater Angler by Wal Hardy 1966
Page 222
'But to
see the kahawai at its best we have to go to New Zealand. There,
huge shoals of these fish range the coast and work away up the
inlets and rivers. One of these big bodies of fish on the move
is a stirring sight.'
Hook,
Line & Sinker by Ray Doogue 1967
Page 216
'Kahawai
are certainly prolific. I counted 35 schools, none of less than
an acre, in a 5 – mile flight along the coast one calm morning
last summer.' ( flying out from Tauranga )
Fighting
Fins by Neil Illingworth 1961
Page 146
'The Kahawai
is an excellent fighter, leaping higher and more often, and running
further and faster than many trout of comparable size. They average
about 3 or 4lb, but they can grow up to 16lb, and a fish of anywhere
near this size can take up to an hour or even more to land on
4-lb nylon.
Many fishermen
of wide experience have claimed that the kahawai takes a lot of
beating in the seven oceans and one, Colonel John K. Howard, of
Boston, Massachusetts, was so fascinated with them on his first
visit to Mayor Island that he devoted the whole of a Press interview
to singing their praises, saying he considered them to be one
of the best game fish, size for size, in the world.'
New
Zealand Fisheries by J. G. Watkinson & R. Smith 1972
Page 42
'In New
Zealand there is little market demand for kahawai, although the
fish was formerly popular with the Maori. Until recently there
was no fishery for kahawai and it was caught as a by-catch in
other fisheries. Small amounts are caught by trawlers but most
are discarded at sea'.
The
Golden Years of Fishing In New Zealand by Phillip Holden 1984
Page 223
' The kahawai ascends many of New Zealand rivers,
and frequently be taken in fresh water, though more generally
it follows only as far as the tide flows. Out at sea the
fish is to be found in great schools and it is no uncommon sight
in Auckland waters to see schools or shoals many acres in extent'.
MFish have
been aware of the poor state of the fishery for many years and
ignored any advice given. The debate over the need for kahawai
management has been going on for almost twenty years. In 1987
Lew Ritchie prophetically wrote, " Right now we may be witnessing
the end of kahawai as we know it. The commercial catch of kahawai
has risen from an insignificant level 10 or even five years ago
to currently (1985, the most recent year for which full catch
statistics are available) second in landed weight among coastal
and sixth in finfish overall in the New Zealand 200 mile exclusive
economic zone. This is nothing short of a tragedy. It is a classic
case of the last available and easily exploited coastal fish being
plundered just "because it is there" by the greedy, the thoughtless
and the over-capitalised. It is a sad reflection on New
Zealand, its policy makers, and its industry chiefs that virtually
every available natural resource is plundered, whether valuable
or not, and irrespective of its place in our heritage, tradition,
culture and recreation. " [1]
Until the mid 1970s
kahawai was caught as a by-catch of commercial fishing methods
targeting other species such as snapper, the preferred table
fish on the domestic market. Some kahawai was used for bait
but much of it was dumped at sea. In the mid 1970s domestic
purse seine vessels started fishing for skipjack tuna in the
summer and other species during the winter, mainly in the Bay
of Plenty and around Poverty Bay. By the late 1970s purse seining
for kahawai during the winter and spring months had extended
from Northland to the Wairarapa Coast, into the Taranaki Bight
and around the north and east of the South Island. [2]
Catches peaked in the late 1980s and began to fall before the
Minister set purse seine catch limits.
| Kahawai
were once present in numerous and at times vast schools.
They form an important traditional food source. Fishers
from around the world marvelled at the sight and sound in
the presence of a melee of birds, bait and kahawai. These
authors were also impressed by the strength and aerial displays
of kahawai on a line.
The commercial
fishery went through a rapid expansion in the 1980s.
|
[1]
Ritchie, L. D. 1987. Northern Advocate
[2]
Ministry of Agriculture and Fisheries. 1990. Kahawai - Proposals
for the management of the kahawai fishery.
TOP
2.
Management Objectives
2.1
Harvest strategy and objectives
There is
no harvest strategy for kahawai. There are a number of sectors
competing for an important inshore species but there has been
no discussion on what kahawai management should aim to achieve.
Each sector will have a different expectation of what a well-managed
kahawai fishery will deliver for them. How can the Minister possibly
weigh up the expectations of competing users with no overall objective
or target in place?
The objective
should be to maximise the benefits of this fishery for all New
Zealanders. The single goal of the MFish Strategic Plan 2003 –
2008 is: " Maximise the value New Zealanders obtain through
the sustainable use of fisheries resources and protection of the
aquatic environment ". Nowhere in the IPP is MFish's single
strategic goal stated or referred to. MFish also fail to mention
Strategy 2 in their plan which is headed ' Enable people to
get the best value from the sustainable and efficient use of fisheries.
' These are major omissions on the part of MFish, not only
in words, but also in intent.
Non-commercial fishers insist that MFish address
the words and intent of their single strategic goal in the Final
Advice Paper to the Minister. Without a clear idea of the strategic
direction of fisheries management how will the new Minister be
able to get the balance right when setting the TAC and TACC for
kahawai?
| The Minister
needs to take a strategic view for the management of kahawai
and maximise the value of this fishery for all New Zealanders.
|
2.2
Sustainability
The Ministry
may claim that the overall objective is to ensure sustainable
management of kahawai. However, there are different interpretations
of "sustainability". For example, Japanese tuna scientists insist
that the southern bluefin tuna catch is sustainable although the
stock has been fished down to just 3% of virgin biomass, and it
seems MFish agrees with that principle though it is clearly bad
management.
The kahawai
Plenary Report discusses a sustainable kahawai stock at about
20% of virgin biomass [3]. This stock
size may meet the criteria for maximising commercial harvest,
but is totally unacceptable to non-commercial fishers who require
the Minister to consider the social, economic, cultural and ecological
benefits of a kahawai stock no more abundant than one fifth of
its virgin biomass.
Last year
the Minister introduced kingfish to the QMS with controls aimed
at reducing harvest levels. The intent was to manage the fishery
at a level above the maximum sustainable yield (MSY) to allow
for more large kingfish. This decision angered some commercial
operators because this particular harvest strategy had not been
widely discussed or agreed to. Now we are heading down the same
path with kahawai, where management decisions are taken in the
absence of agreed objectives.
United States fisheries
managers aim to find the Optimum Yield from a fishery that provides
for the best value to the nation as a whole. It is clear the
kahawai fishery is currently below the optimum yield that will
provide for non-commercial fishers in New Zealand.
| What is the sustainable
yield for kahawai? There is no single number .
Even if we had good data on kahawai stocks, there would still
be many sustainable harvest levels to choose from, depending
on the management objective selected. |
[3]
Annala, J.H. et al. Report from the Fishery
Assessment Plenary, May 2003: stock assessments and yield estimates.
2.3
Core area management
Selecting
a sustainable yield for a single nationwide kahawai stock without
having a harvest strategy is hard enough. Understanding how catching
a large proportion of that harvest in one region or taking entire
schools of fish affects the population in that area and surrounding
regions must also be considered.
There maybe
regions in New Zealand where kahawai are still abundant, due to
low fishing pressure or migratory paths that concentrate older
fish. Tagging studies have shown that there is a " tendency
for movement of tagged fish between North and South Islands to
be predominantly southward. This suggests that a substantial
proportion of recruitment to the east coast South Island may consist
of adult immigrants from further north".
[4] Kahawai tagged off east Northland were
mainly recaptured in Northland, Hauraki Gulf and Bay of Plenty.
Some kahawai are highly mobile but movement appears to be restricted
by natural boundaries such as North Cape and East Cape.
Most of
the commercial kahawai catch in northern New Zealand in the last
twenty years has been taken from the Bay of Plenty. Why is it
then that recreational and commercial fishers in the Bay of Plenty
have been able to maintain reasonable kahawai catches, while there
appear to be far fewer kahawai beyond the Bay of Plenty, in east
Northland, Hauraki Gulf and from the Motu River to East Cape?
Bradford comments on the change in recreational catch by region
between the 1994 north region survey and the 1996 national survey
and found "the numbers of kahawai caught increased slightly
in the Bay of Plenty but declined in other sub-regions in the
North region ." [5]
The Bay of Plenty appears to be a
core kahawai area. This area could be receiving the benefit
of migration from northern areas. This means that the greater
the harvest from the core area the greater the migration from
surrounding less preferred regions. Catch rates can be maintained
in the core area while local populations on the fringes are
depleted.
| While overall
management of the stock is important MFish must also consider
that core areas in large fisheries can act like a sinkhole
i.e., removing fish from the middle draws fish in from surrounding
areas, thus having an impact over a vast area. |
[4]
Wood, B.A. Bradstock, M.A. & James, G.D. Kahawai (
Arripis trutta ) tagging programme in New Zealand waters, 1981-84.
[5]
Bradford, E. 1998. Harvest comparisons
for major recreational species between regional and national diary
surveys.
TOP
3.
Management Structure
3.1
Statutory obligations and policy guidelines
MFish state,
"The management options seek to ensure sustainability
of the stock by setting a TAC." We suggest sustainability
is questionable if "current utilisation" continues and the Minister
accepts MFish's recommendations.
The Minister
is obliged to have regard for the social, cultural and economic
factors when moving a stock to a level that can produce MSY (section
13 FA 1996). With kahawai we have no idea what the MSY or biomass
is. This lack of adequate information should mean the precautionary
approach to management decisions should apply for this stock as
per section 10 of the Fisheries Act 1996.
MFish proposed
TACs would have social and economic consequences. While MFish
consider the economic effects to be minor (pt
65c IPP), the decimation of this fishery has impacted on many
communities. To underestimate the social and economic effects
is to ignore the rights of future generations to this fishery
and contrary to Sections 8 and 13 of the Fisheries Act 1996.
Bulk industrial purse
seine fishing has had a major impact on the availability and
abundance of kahawai and other dependent species. The impact
on predatory fish cannot be underestimated. Anecdotal evidence
suggests the reduction in kahawai schools has also affected
the numbers of terns and shearwaters. There has been a noticeable
decline in the numbers of feeding birds at sea. The impact on
associated and dependent species must be taken into account
under section 9 iv of the Fisheries Act 1996.
| The kahawai fishery
needs to be cautiously managed in order to rebuild it. Preserving
the status quo will only see this once healthy fishery ravaged
to the detriment of the public. MFish will then be responsible
for another scandal that will outrage the public, but this
time it would be a fishery near and dear to its heart. |
3.2
Kahawai and the QMS
We agree
with section 13 management of this fishery.
We strongly
object to only one management option being presented for consideration
by the Minister in the IPP. A range of options would have been
better, as this fishery has been the subject of public concern
for twenty years.
MFish's
management option is clearly based on maintaining commercial catching
rights at the current level while ignoring the facts of a declining
fishery. In reality they are proposing to allow the continued
destruction of this most valuable inshore-shared species by the
removal of 60% of the remaining stock.
We note the Ministry
has failed to allow all for fishing related mortality. In the
IPP MFish have only taken into consideration purse seine incidental
mortality at 5%. They have not allowed for the considerable
amount of kahawai caught in set nets and dumped at sea. Kahawai
caught in set nets overnight are unmarketable due to damage
from lice. Fish damaged in trawl nets are unmarketable
and are dumped at sea. Some longline caught kahawai is
used as bait and not reported.
| This paper provides
an alternative management approach to the single option in
the IPP. Our approach acknowledges the damage to the fishery
by purse seining and argues that consideration should be given
to rebuilding the kahawai fishery by disallowing the targeted
purse seine portion of the commercial catch history. Also
we remind the Ministry that all sources of incidental fishing
related mortality must be allowed for. |
3.3
Allowing for non-commercial harvest
Section
21 of the Fisheries Act 1996 states that the Minister shall allow
for non-commercial interests including Maori customary, recreational
and other sources of mortality before setting the commercial TACC.
We contend
the provisions of section 21 have now been in place for a sufficient
period to place an obligation upon the Minister to make such allowance
on an informed basis. The Ministry should be required to take
reasonable steps to determine the extent of non-commercial catch.
Government policy is to increase population by
immigration. Government must take this into account as per the
statutory obligations. If the Minister fails to allow for this
population growth the Crown could face compensation issues in
the future.
The Court
of Appeal has already considered what allowance actually means.
In the case of New Zealand Fishing Industry Association
(Inc) v Minister of Fisheries CA 82/97 J. Tipping determined,
"To take recreational fishers as an example, the "allowance"
is simply the Minister's best estimate of what they will
catch during the year , they being subject to the controls
which the Minister decides to impose upon them e.g. Bag limits
and minimum lawful sizes. Having set the TAC the Minister
in effect apportions it between the relevant interests.
He must make such allowances as he thinks appropriates for the
other interests before he fixes the TACC. That is how the
legislation is structured."
| It is our contention
that the Minister has to allow for non-commercial interests
before he sets the TACC in the kahawai fishery. |
TOP
4.
Kahawai Ecology
4.1
Kahawai in the food chain
Kahawai
are an inshore school fish living mostly from mid-water to the
surface. Where the seabed slopes steeply (as at Kaikoura) schools
can occur over moderate depths but generally they remain in waters
shallower than 50m. [6] The 50m contour
scribes a very narrow band around most of New Zealand –
about 10 km wide in the Bay of Plenty but down to just a few kilometres
wide on most of the east Northland and Wairarapa coasts.
Kahawai
spawn over the warmer summer months (in the Far North they spawn
after Easter) and large females may carry more than 750,000 eggs.
Growth rate is moderate with fish reaching about 15 cm at the
end of the first year and 35 cm in four years. A healthy kahawai
stock would produce billions of eggs and hundreds of millions
of juveniles every year.
Larger
kahawai form an important link in the inshore food chain, feeding
on plankton and small fish such as anchovy and pilchard, and in
turn become prey to larger fish. Dolphins, including the endangered
Maui dolphin feed on kahawai. Considerable effort has gone into
protecting this species. It would be appropriate for the Minister
to ban purse seining from the same set net ban area on the west
coast of the North Island.
Kahawai
are one of the few inshore fish that push krill and small fish
to the surface where seabirds can reach them. The absence of kahawai
schools is most often noticed by the lack of flocks of white-fronted
terns, whose darting and diving feeding flight can be seen at
a distance. The white fronted tern is an endemic species that
breed only in New Zealand. It is described as especially common
around the northern coasts of the North and South Islands. [7]
Shearwaters and red-billed gulls also interact with kahawai schools.
Birds that
have a strong symbiotic relationship with kahawai around East
Cape are Fluttering and Bullers shearwaters ( Puffinus gravia,
P bulleri ). Sadly they are rarely seen with gannets when
a kahawai school emerges now. It seems seabirds are a much less
common sight in northern New Zealand as well, both in the air
and at the once packed rocky roosts.
The ability of kahawai to force baitfish to the surface is important
for birds which breed during winter. These birds include the grey-faced
petrel (Pterodroma macroptera), which breed on the offshore islands
around the upper North Island and the rare Westland petrel (P
westlandica) whose population is estimated at only 2000-5000 pairs.
The Fairy prion (Pachyptila turtur) return to nest sites in the
Poor Knights, Cook Strait and Foveaux Strait areas in May and
June and the Little shearwater (Puffinus assimilis) inhabit the
upper North Island. Less kahawai schools has to have an impact
on the potential of these birds to feed their offspring.
We are not aware of any study that has been conducted to examine
the relationship between food availability and nesting success
of seabirds but it's obvious that the more difficult it is for
the parents to obtain food the less chance there is of the chicks
fledging. There are other rare inshore seabirds that rely on kahawai
such as the rare native Caspian tern (Sterna caspia) and the critically
endangered Fairy tern (S neresis). A strong kahawai stock will
increase the chances of breeding success and survival of all these
bird species.
Removing
an entire school of kahawai with a purse seine shot destroys the
bird/fish interaction instantaneously and the dependent species
are displaced from the area. Under the current Ministry policy,
fishing stocks down to 20% of the virgin biomass is encouraged,
as this is the stock size that will support the Maximum Sustainable
Yield. If 80% of kahawai schools are gone then dependent species
like seabirds will have to expend at least five times as much
energy searching for food sources made available by kahawai. Kahawai
tend to move to core areas of preferred habitat. In a depleted
population kahawai may seldom be found in areas where they were
once common. Seabirds in many areas may not be able to reach their
food supply at all from nesting sites distant from the core areas.
The decline
in kahawai abundance has also been linked to the sudden influx
of large numbers of barracouta to northern inshore waters during
the early 1990s, as described in Appendix 1 by Evan Daysh and
witnessed by many others.
Kahawai are a highly
productive part of the inshore ecosystem. Even if the
stock was deemed to be commercially productive and technically
sustainable at 20% of the virgin biomass, it would not mean
that the natural balance and biodiversity would be maintained
if the Minister allowed the kahawai to be fished down to the
20% level.
MFish have not
adequately addressed the effect of a declining kahawai stock
on associated
and dependent species. |
[6]
Paul, L. 2000. New Zealand Fishes. Revised edition
[7]
Chambers, S. (1989) Birds of New Zealand, Locality Guide
TOP
5.
Kahawai and the public
5.1
Kahawai as food
A lot of
kahawai caught by non-commercial fishers is for food. Cooked fresh
or smoked at home, it is becoming increasingly popular. Surveys
of returning fishers at some boat ramps have shown that 90% of
fishers return home with no fish. Attitudes to kahawai have changed.
Today a wide range of fish species are taken home for the table,
as prime species have become less abundant.
There are
many people in small coastal communities who rely on the sea for
food. They have no supermarket, often no shop at all, where
they live. Many cannot afford to buy fish at retail prices. Of
course they do not eat fish all the time, but without it their
standard of living drops. They may go hungry. These people, Maori
and non-Maori, are subsistence fishers who rarely have a voice
in corridors of power or the offices of MFish.
Maori representatives
(national and iwi/hapu) often have other priorities. Lately it
seems they have been very focused on the opportunities provided
by commercial quota, aquaculture development, and a strong customary
right.
MFish does not define
subsistence fishers as customary. They only take what they need
under the amateur bag limits and it is not for the purposes
of hui or tangi. It is for the purposes of traditional harvest,
quality of life, supporting an individual or family, as is the
custom in many seaside communities. Kahawai was once their most
accessible fish, caught from the beach, wharf or rocks, harbours,
estuaries, open coast headlands and reefs. MFish make no mention
at all of the subsistence fisher and have ignored their need
for access to a healthy kahawai stock. Arguably their
needs are the greatest of all; not for the quantity they take,
but for the impact on their lives.
| Our objective
is to improve the catch rates of all non-commercial fishers:
customary Maori, subsistence and recreational. What will the
Ministry do to provide for the needs of subsistence fishers?
|
5.2
Customary harvest
There have
been some large customary kahawai fisheries that have performed
poorly over the last twenty years, notably the fishery at the
Motu River mouth and the mouths of other eastern Bay of Plenty
rivers. The director of the Dominion Museum published an account
by Tiimi Waata Rimini describing what the fishery was once like,
" After the ceremony, word is sent to the people on the East
Coast and northwards that Motu is open for fishing. This
is in early December, and lasts for two or three months. the shoals
of fish are of great size, and thickly packed. The men
and women stand on both sides of the tidal portion of the river
so that all the space is taken up. The river is here about
100 ft wide. The fish caught during the day are cooked
in huge ovens, over 200ft in length and about 4 ft wide. About
20,000 or 30,000 fish are cooked in an oven." [8]
Fisheries
managers have failed to protect the customary rights of Maori
fishers in these areas. Dr Mark Feldman quotes catch rates from
MAF surveys at the Motu River mouth. For the period January to
April 1982 the local residents caught an average of 4.17 kahawai
per hour, while visiting fishers caught an average of 2.55 kahawai
per hour. More recent surveys in this area show a marked decline
in these catch rates in the wider Motu area. Can MFish explain
how the management regime proposed in the IPP will restore this
and other customary fisheries for kahawai?
Maori have
a customary right to harvest seafood for hui and tangi. Maori
also have traditionally taken kaimoana to feed their families
at home. The Treaty of Waitangi (Fisheries Claims) Settlement
Act 1992 sec 10 (b) states: The Minister, acting in accordance
with the principles of the Treaty of Waitangi, shall- (ii), "Develop
policies to help recognise- use and management practices of Maori
in the exercise of non-commercial fishing rights." The Minister
must ensure that he is meeting his obligations under this clause
of the Settlement Act.
It is not
sufficient for the Minister to just allow for 1500 tonnes of Maori
customary catch when the places traditionally fished for hundreds
of years are no longer capable of providing for customary needs
because of commercial purse seining.
Non-commercial
kahawai fisheries overlap. Much of the catch by Maori for traditional
or customary purposes is taken in the same way as non-Maori, under
the amateur catch limits. We note that Ngapuhi stated in their
submission to the parallel process for the introduction of kingfish
to the QMS last year "Ngapuhi individuals and whanau are passionate
about recreational fishing both in Northland and wherever they
might live throughout the country"
Poor management of kahawai will affect all non-commercial
fishers in the same way.
| The Minister
must take action that will ensure that there are fish available
to be caught to meet customary needs. Customary and traditional
non-commercial uses must have priority over (low value) commercial
fisheries. |
[8]
Hamilton, A. 1908. Fishing and sea-food of the ancient Maori.
5.3
The fishing experience
Taking the
kids fishing is part of the Kiwi experience for many families.
Often the first large fish that kids catch off the wharf or boat
is a kahawai. They pull hard, swim in wide arcs near the surface
and will jump to try to shake the hook free. Catching a kahawai
is a real thrill for anglers of all ages.
Junior
sports fishing anglers often hone their skills catching kahawai
and learn the techniques and culture of catch and release. Marlin
and tuna fishing come later and require a lot more patience and
perseverance than kahawai.
Saltwater
fly fishing is becoming increasingly popular with locals and big
spending international fishers alike. Kahawai are an excellent
target species because the angler can see the fish they are presenting
the fly to; because they will strike at a slow moving fly and,
once hooked, will jump and run harder than any trout. Small fly
hooks do not unduly harm the fish and catch and release is widely
practiced. It is the sight fishing factor that gives kahawai such
a wide international reputation.
Kahawai used to be
targeted more easily than many species because they were seen
feeding on the surface during the day, or they seemed to be
in "resident" schools around most rocky headlands or reefs that
break the surface. When kahawai were ubiquitous they were widely
used as bait. There was a time when all gamefish boats caught
kahawai on the way out fishing to tow as fresh skip baits. Snapper
fishers also did not buy bait because it was always available.
Those times have gone, maybe forever. Now anglers buy their
bait, which is caught by purse seine and set net. This, we are
told, is good for the economy, taking a public resource and
selling it back to them.
| As a source of
food, learning or sport, kahawai are highly valued by non-commercial
fishers. |
5.4
Visual impact
Kahawai
have a high intrinsic value. In other words it is nice to have
them around. You do not have to be fishing to enjoy seeing
the ocean come alive with hungry mouths and rapid splashes. Sharp-eyed
terns race to join the mêlée and make the school visible from
a distance.
Fish schooling
on the surface are becoming an increasingly rare sight in some
areas of New Zealand. The public perception is that this is a
reflection of poor fisheries management and proof that there are
far fewer fish than there used to be. On the other hand, if the
kahawai stock were rebuilt and surface schools became common once
more, the clear impression would be given that fisheries management
is working. The proof is right before the eye.
New Zealand's natural
beauty is a draw card for tourists from around the world. The
Bay of Islands is a major destination. Cape Brett and the Hole
in the Rock (Piercy Island) are two of the most photographed
locations in the country. What is missing from most of the photographs
these days is the mass of school fish on the surface that used
to be such a prominent part of the scenery. It is not just Cape
Brett that has been affected, but also most of the other main
headlands along the coast. Visitors are often impressed with
any sign of fish or marine mammals. Imagine the lasting impressions
of an abundant ocean that could be made if the school fish were
allowed to return.
| MFish has not
adequately addressed the intrinsic value of kahawai surface
schools in the IPP or how their management proposal will
protect these values. |
5.5
Non-commercial harvest estimates
There have
been a series of regional harvest surveys in the early 1990s and
two national surveys in 1996 and 2000. In 2001 a continuation
of the diary component of the survey allowed an estimate for that
year. The surveys were structured in a similar way. An estimate
of the number of fish from fishers' diaries is scaled up by the
estimate of all eligible fishers and the average weight of each
species caught. The results of the 1996 and 2000 surveys differed
enormously.
The surveys
in the 1990s estimated that less than 10% of New Zealanders over
14 years old fished in the sea in the 12 months prior to being
interviewed. The 1999-2000 survey estimated that over 30% of New
Zealanders were eligible using the same criteria. Investigation
showed that the difference was due to the way the questions were
asked at the start of the survey. Therefore, the surveys in the
early and mid 1990s are fundamentally flawed.
After considerable
debate the MFish Recreational Working Group has decided: ' The
Recreational Working Group has concluded that the methodological
framework used for telephone interviews produced incorrect eligibility
figures for the 1996 and previous surveys. Consequently the harvest
estimates derived from these surveys are considered to be considerably
underestimated and not reliable .'
MFish must
not use the clearly incorrect harvest estimates from 1996 in recommending
how much kahawai they should allow for recreational fishers. The
2000 survey results should be used with caution. ' The Recreational
Working Group considered that the 2000 survey using face-to-face
interviews better estimated eligibility and that the derived recreational
harvest estimates are more accurate and probably slightly overestimate
recreational harvest. An exception to this are the estimates for
QMA2 which are considered to be erroneous, probably because of
an unrepresentative diarist sample. Harvest estimates from the
1996 survey should not be used. Harvest estimates from
the 2000 survey should be evaluated with reference to the range
of the estimate and coefficient of variation. '
The Minister
is required to use the best information available. MFish needs
to update its advice in line with decisions made in specialist
working groups. Clearly as kahawai have become scarce the catch
per fisher has declined. Measuring the current catch does not
fairly represent the non-commercial catch prior to the boom in
purse seining.
The law also requires
copies of customary permits and the quantities taken for each
one to be reported to MFish. The authors of the IPP claim there
is no information available. Why not? What is the total number
of kahawai permits issued in recent years and what was the catch?
Even if the system is not yet fully implemented, what data is
available?
MFish do not
have good estimates of non-commercial catch. We do know that
the Minister
is required to use the best information available. Therefore
the Minister should use the 2000 national recreational harvest
survey results except for QMA2 which should be based on the
2001 survey. |
5.6
Non-commercial harvest trends and values
The public
have been concerned about the decline in the kahawai fishery since
the late 1980s. The discontent was sufficient to spark a discussion
document in 1990 looking at the issues of the time. Under the
heading 'Need for Management Change' the document sums up the
concerns of non-commercial fishers as follows:
'Recreational
fishers state that the recreational kahawai fishery:
