1. Marine Reserves Reform

2. Presentation 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

3. 1. Main Changes in the Bill

4. Main Changes in the Bill “Front End” – Part 1 NowNew Scope12 nm TTS200 nm EEZ PurposeScientific Study Biodiversity Protection? PrinciplesNilMultiple? TreatyS4Nothing New?

5. Scope: Unfishable Waters! 15.2% FMA10 closure 15.3% 46mt exclusion 2.6% Seamount closures 33.9% To Deep to fish Total 43% Unfishable

6. 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

7. 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?

8. Principles - Decision Making? 5.Best available information 6.Consider nature of Uncertainty 7.If in doubt create a Marine Reserve? 8.Management should tend to protecting and preserving? 5.Best available information 6.Consider nature of Uncertainty 7.If in doubt create a Marine Reserve? 8.Management should tend to protecting and preserving?

9. 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

10. 2. Fisheries Management Implications

11. Marine 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?

12. Dynamic Pool Model Growth Biomass A Renewable Resource Recruitment Harvest Mortality

13. Carrying Capacity Time 1 2 3 4 No.

14. Compensatory 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

15. Managed Fishing Time Yield Managed Unrestrained

16. 3. Treaty Implications

17. Treaty of Waitangi Provisions Article IArticle IIArticle III CROWN AUTHORITYTINO RANGATIRATANGACITIZENSHIP RIGHTS POWERS OF GOVT AUTHORITY OF TRIBESSTATUS OF MAORI INDIVIDUALS Article IArticle IIArticle III CROWN AUTHORITYTINO RANGATIRATANGACITIZENSHIP RIGHTS POWERS OF GOVT AUTHORITY OF TRIBESSTATUS OF MAORI INDIVIDUALS

18. Key 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

19. Customary Regulations North Island 30/09/2001 EstablishedDisputed Rohe660 Kaitiaki30172 Mataitai0N/A

20. Customary 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

21. Customary 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

22. Implementing 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

23. Convention on Biodiversity Oceans Policy? Biosecurity Strategy Biodiversity Strategy Environmental Strategy Marine Protected Areas Strategy Customary RightsMarine Farms Recreational Rights Marine Reserves

24. 4. Key Points - Solutions

25. 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

26. The 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?