The Minister's Final Decision - (PAU 5D - Southland and Otago)

The recent stock assessment for PAU 5D estimates that the current catch level is not sustainable. The current biomass is less than the size that will support the maximum sustainable yield. Under current catch levels, both the recruited biomass and spawning biomass are expected to decline further by 2007. In my initial position letter of July 2002 I signaled that I supported Option 2 as the greater TAC and TACC reductions had a better chance of halting the decline in the stock. Submissions from stakeholders generally support the view that the stock has declined, but there are differing views on the rate and mechanism to achieve the reductions.

The NZ Paua Management Company has lodged a special permit application in order to provide additional stock assessment information. They have requested that I defer any TACC reduction for the 2002-03 fishing year until this additional information is available for consideration for 2003-04. I consider that a new stock assessment in 2003, using additional information, is unlikely to deliver a substantially different outcome. I am conscious that the stock assessment suggests that the biomass is likely to decline under the current TACC. Delaying a reduction to the TACC may mean that greater reductions are required in future. In addition, the current stock assessment is best available information. The outcome of any future assessment is unknown and therefore cannot be given significant weight in my decision. It is unlikely that MFish can undertake full consultation and consideration of the special permit application for a decision to be made in time for the proposed survey to commence in November 2002, and certainly not in time for my decisions for 2002-03. The timing of the proposed special permit survey and the stock assessment process means that any new information from the special permit may not even be available for next year's process.

In my initial position letter I supported MFish consulting with recreational fishers on ways to constrain the recreational catch within the proposed recreational allowance. I also sought advice about the health of the paua fishery in the statutory and voluntary non-commercial areas along the Otago and Southland coast. I am advised that, based on consultation and available information, the majority of the recreational harvest is taken from the non-commercial areas, and that there is no evidence that the recreational harvest is increasing or exceeding the proposed allowance. I am also advised that because of the nature of paua stocks, including their sedentary nature and recruitment patterns, and the size and location of most of the non-commercial areas, alterations to daily bag limits in these areas would probably not contribute significantly to the rebuild of PAU 5D outside of these areas. MFish will re-assess the status of paua stocks in the non-commercial areas, and whether any significant shift of recreational harvest pressure is taking place into the open areas, as the stock rebuilds.

The stock assessment suggests that removals need to be at a level of 134 tonnes to provide a 77.5% probability of increasing the recruited biomass by 2007. Therefore, I have decided to reduce the TAC and TACC in line with Option 2. I recognise that reducing the TACC by 60 tonnes in one year will create significant socio-economic impacts. Therefore, I intend to implement a phased reduction process in this fishery. The first part of the reduction will occur on 1 October 2002 when a TAC of 159 tonnes will be set, and the TACC will be reduced from 148.9 tonnes to 114.0 tonnes. Subject to new information to suggest a different stock status, I propose to reduce the TAC to 134 tonnes and the TACC to 89 tonnes from 1 October 2003 to ensure that the TAC is set at a level that will enable the stock to rebuild to optimal levels. The phased reduction in TACC over the two years will mitigate the full economic and social consequences of a significant reduction in TACC. It provides an opportunity to adjust business activities and for fishers to develop strategies to support rebuild of the PAU 5D fishery.

Within the TAC, I have decided to set allowances for customary interests at 3 tonnes, recreational fishing interests at 22 tonnes, and 20 tonnes for other sources of mortality. I encourage the Paua Management Company to continue working with tangata whenua and other PAU 5D stakeholders. A number of submissions raised issues like sub-division of PAU 5D, changes in minimum legal size, and rationalisation of non-commercial areas that would best be addressed by development of a fisheries plan. The completion of a fisheries plan, including a rebuild strategy, would be of significant value to PAU 5D.