FISHERIES PLAN:

AREA 2 SHELLFISH FISHERIES

Cockle (COC2) Pipi (PPI2)

Toheroa (TOH2) Tuatua(TUA2)

Blue mussel (MSB2) Green-lipped mussel (GLM2)

Horse mussel (HOR2) Dredge oyster (OYS2A)

Pacific oyster (POY2) Rock oyster (ROY2)

Scallop (SCA2A) Frilled venus shell (BYA2)

Ringed dosina (DAN2) Silky dosina (DSU2)

Trough shell (MDI2) Large trough shell (MMI2)

Deepwater tuatua (PDO2) Triangle shell (SAE2)

Deepwater clam/Geoduck (PZL2) Knobbed whelk (KWH2)

Mud snail (ACR2) Octopus (OCT2)

Kina (SUR2A & SUR2B) Sea cucumber (SCC2A & SCC2B)

Paddle crab (PAD2) Contents

Executive Summary 3 Introduction 3 Purpose of the Plan 3 Status of the Plan 3 Scope of the Plan 4 Context of the Plan 6 The Area 2 Aquatic Environment 6 The Area 2 Shellfish Fisheries 9 Section 1: The Current Situation 10 Health of the Aquatic Environment Protected 10 Setting Sustainable Catch Limits 10 Managing the Effects of Fishing on the Aquatic Environment 14 Contributing to Processes that Manage Non-Fishing Activities 16 Best Value Able to Be Realised 17 Recognising Value – Allocation of Catch 17 Achieving Value – Uses and Values of the Fishing Sectors 19 Protecting Value – Compliance 26 Credible Fisheries Management 36 Objective-based Management 36 T ngata Whenua Input & Participation 36 Stakeholder Engagement 38 Summary of Fisheries Services 40 Section 2: Management Objectives 50 Section 3: Assessment and Risk Analysis 50 Section 4: Management Measures and Operational Plan 50 Section 5: Monitoring and Review of Operational Plan 50

2 Executive Summary

1 Summary of completed Fisheries Plan to go here. Introduction

PURPOSE OF THE PLAN

2 The Area 2 Shellfish Fisheries Plan is a collaborative management plan developed by Ministry of Fisheries (MFish), tāngata whenua and stakeholders. The Plan seeks to maximise the value New Zealanders achieve through the sustainable use of Area 2 shellfish fisheries while protecting the marine environment.

3 Fisheries plans contribute to, and are driven by, the following high-level fisheries outcomes (desired results) set by Government : ♦ health of the aquatic environment protected ♦ best value able to be realised ♦ credible fisheries management.

4 These outcomes are described in the MFish’s Statement of Intent (SOI). 1 Fishery- specific objectives developed collaboratively by MFish, tāngata whenua and stakeholders, as well as Government performance standards, provide the framework for developing fisheries plans that achieve these outcomes.

STATUS OF THE PLAN

5 When complete, the Area 2 Shellfish Fisheries Plan (Area 2 Shellfish Plan or the Plan) will drive management of Area 2 shellfish fisheries. Currently, the Plan is incomplete. It only outlines the current situation from MFish’s perspective. Completion of the Plan requires significant input from tāngata whenua and stakeholders to ensure the best available information on the current situation is available for consideration. Tāngata whenua and stakeholder participation is also required to develop management objectives for Area 2 shellfish fisheries, to assess the performance of Area 2 shellfish fisheries against these objectives, and to propose an operational plan for future management of the fisheries.

6 The steps required to develop the Area 2 Shellfish Plan are shown in Table 1. Table 1 also contains a projected timeframe for completing the Plan.

7 MFish, tāngata whenua, and stakeholders will continue to work collaboratively after the Plan is completed, monitoring performance against objectives and reviewing management measures as required. The Plan will be fully reviewed at appropriate intervals to update the best available information, review objectives, re-assess the fisheries, and develop new management measures.

1 The SOI also describes a fourth outcome – deliver on the Crown’s obligations to Maori. This fourth outcome is fundamental to and informs all activities undertaken by MFish. For this reason, delivering on the Crown obligations to Maori is folded into each of the other three contributing outcomes.

3 Table 1: Steps and timelines for development of Area 2 Shellfish Fisheries Plan Step Who? Output Completion Document MFish information on Area 2 MFish Section 1: The Current Situation 31 Aug 07 shellfish fisheries (Draft) Establish Area 2 Shellfish Fisheries Plan MFish TBE* Advisory Group (FPAG) Document all information on Area 2 shellfish FPAG Section 1: The Current Situation TBE* fisheries (Final Draft) Develop management objectives for Area 2 FPAG Section 2: Management Objectives TBE* shellfish fisheries (Final Draft) Assess Area 2 shellfish fisheries against FPAG Section 3: Assessment and Risk TBE* objectives and performance standards Analysis (Final draft) Identify management measures for Area 2 FPAG Section 4: Management Measures & TBE* shellfish fisheries Operational Plan (Final Draft) Identify monitoring and review processes FPAG Section 5: Monitoring and Review of TBE* the Operational Plan (Final Draft) Complete consultation process on Area 2 MFish / Area 2 Shellfish Fisheries Plan TBE* Shellfish Fisheries Plan FPAG (Final) *TBE = to be established SCOPE OF THE PLAN

8 The spatial focus of the Area 2 Shellfish Plan is Fishery Management Area 2 (Area 2), which is shown in Figure 1. Area 2 encompasses East Cape, Poverty Bay, Hawke Bay, the Wairarapa and the southern North Island (including Wellington Harbour). The landward boundaries are Cape Runaway on the east coast of the North Island and Te Paokapo at the northern end of Titahi Bay on the west coast of the North Island. Area 2 extends from mean high water spring out to the 200 nautical mile limit of the Exclusive Economic Zone (EEZ), however the species included in this plan are found in nearshore waters of 0-20 metres depth.

Figure 1: Fishery Management Areas (FMA 1-FMA 10). Area 2 (labeled as FMA 2) is shaded.

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9 Area 2 is further subdivided into New Zealand (NZ) Fisheries General Statistical Areas 2 (Statistical Areas). There are six statistical areas relating to the nearshore waters of Area 2 where the species included in the Plan are found. These are 011, 012, 013, 014, 015, and 016 (see Figure 2). One of these straddles Area 2 and an adjacent FMA. The part of Statistical Area 016 which falls within Area 2 is included in the Plan.

Figure 2: Area 2 and General Statistical Areas 011-019, 201-206

10 The Area 2 Shellfish Plan concentrates on 25 species of invertebrate (animals without backbones) found in inshore waters within Area 2 (see Table 2). Most are shellfish (molluscs or crustaceans), hence the name of the Plan.

11 The Plan does not seek to include all invertebrate species harvested in Area 2. Instead, the Plan: • includes all inshore invertebrates managed within the Quota Management System (QMS), excepting rock lobster and paua, which are the focus of separate, species- specific Fisheries Plans • includes non-QMS invertebrate species known to be of high value to tāngata whenua or fisheries stakeholders • excludes deepwater invertebrates, for example scampi, king crab and squid, which are included in deepwater Fisheries Plans.

12 The stock 3 management boundaries for each species included in the Plan are consistent with Area 2 . For kina and sea cucumber, Area 2 is divided into two stocks – 2A and 2B. The landward boundary between 2A (to the north) and 2B (to the south) is near Herbertville.

2 General Statistical Areas are used by commercial fishers when reporting where they have caught fish. 3 Stocks are species management units. They do not necessarily coincide with biological stock units as little is known about the biological stock boundaries of most of the species included in the Plan.

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Table 2: Area 2 Shellfish Plan species by invertebrate grouping, common/scientific names and stock code

Invertebrate Grouping Common name Scientific name Fishstock Bivalves Cockle Austrovenus stutchburyi COC2 Pipi Paphies australis PPI2 Molluscs Intertidal clams Toheroa Paphies ventricosa TOH2 Tuatua Paphies subtriangulata TUA2 Blue mussel Mytilus galloprovincialis MSB2 Mussels Green-lipped mussel Perna canaliculus GLM2 Horse mussel Atrina zelandica HOR2 Dredge oyster Ostrea chilensis OYS2A Oysters Pacific oyster Crassostrea gigas POY2 Rock oyster Saccostrea glomerata ROY2 Scallop Scallop Pecten novaezelandiae SCA2A Frilled venus shell Bassina yatei BYA2 Ringed dosina Dosinia anus DAN2 Silky dosina Dosinia subrosea DSU2 Surf Clams Trough shell Mactra discors MDI2 Large trough shell Mactra murchisoni MMI2 Deepwater tuatua Paphies donacina PDO2 Triangle shell Spisula aequilatera SAE2 Deepwater clam Geoduck Panopea zelandica PZL2 Gastropods Knobbed whelk Austrofusus glans KWH2 Mud snail Amphibola crenata ACR2 Cephalopods Octopus Pinnoctopus cordiformis OCT2 Kina Evechinus chloroticus SUR2A & SUR2B Echinoderms Sea cucumber Sticophus mollis SCC2A & SCC2B Crustaceans Paddle crab Ovalipes catharus PAD2

CONTEXT OF THE PLAN

The Area 2 Aquatic Environment

14 Environmental characteristics, such as the width of the continental shelf, the contours of the sea bed (bathymetry), substrate types, water flow (currents), temperature, salinity, oxygen and light, influence the diversity and productivity of marine species within a region.

15 In eastern Area 2 the continental shelf is fairly narrow (less than 20km wide), except in Hawke Bay where it widens to over 35km. Available data on substrates 4 are coarse, but indicate the most common substrate on the shelf is mud with smaller amounts of volcanic sediments, sand and gravel (Figure 3). The unstable terrain and high sediment discharge rates of many east coast rivers means that much of this substrate is terrestrial in origin.

4 The 2005 general purpose Marine Environment Classification (MEC) can be used to predict the distribution of habitats and communities, although these predictions are known to be less accurate for benthic habitats than they are for pelagic and demersal fish communities. One of the main problems with the 2005 MEC was that data on substrate or sediment type could not easily be included in the classification scheme. This is unfortunate because benthic community composition is known to be strongly affected by depth and substrate type. A “benthic optimized” MEC is currently under development which should result in better predictions of distributions of benthic habitats.

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Figure 3: Seabed types of Area 2: mud (green); volcanic sediments (light green); sand/gravel (pink).

16 The water masses flowing across the shelf are of subtropical (the warm, offshore, southward-flowing East Cape Current) and subantarctic (the cooler, inshore, northward- flowing branch of the Southland Current) origins (Figure 4).

Figure 4: Water Circulation around New Zealand (after Carter et al. 1998) showing the East Cape Current and the Southland Current. Also shown are the Westland Current, the D’Urville Current, and the Subtropical Convergence.

17 Nearshore, where Area 2 shellfish stocks tend to be found, the coastline is characterised by intertidal sandy and mud flats, sand or gravel beaches and rocky shoreline. There are few

7 offshore islands (Portland Island south of the Mahia Peninsula is the largest) but extensive areas of rock platform occur, for example at Kairakau, Mangakuri and Blackhead Point.

18 The environmental characteristics of southern Area 2 differ considerably. From Castle Point to Wellington the continental shelf narrows to less than 10km in places and west of Wellington widens to 100km or more. Strong tidal currents (which result from the differences in tidal height each side of Cook Strait) and strong winds combine to produce extensive physical and biological variability in the region. Mud is still the dominant substrate on the eastern side of the Strait, but on the western side, sand and gravel are more common.

19 Nearshore, rocky coastline is more prevalent. The only large inlet found in Area 2 – Wellington Harbour – is on the south coast, and provides the only large expanse of sand and mud substrate on this part of the coast.

20 The occurrence and distribution of species within Area 2 is largely dictated by sediment type and depth (refer Table 3). The habitats occupied by species included in the Plan range from intertidal soft-sediments to subtidal rocky reef environments. This encompasses practically all habitat types down to 20m water depth.

Table 3. Area 2 shellfish species grouped by shore type and tidal zone Habitat Grouping Shore type Tidal zone Species Location Toheroa On exposed soft shores Intertidal In soft mud - fine sand on protected beaches from the lowest Cockle high tide mark (down to 20m, although this is rare) The densest beds are found from the low intertidal to shallow Tuatua subtidal down to 4m Within a broad tidal range (subtidally in high current channels Intertidal/ Pipi to water depths of 7m) and found on protected beaches, bays subtidal and estuaries Triangle shell May extend as far as mid-tide Deepwater tuatua Low tide to about 4m Mud snail Tidal mud flats Trough shell Found between 3 – 7m Large trough shell Found between 4 – 8m Soft Ringed dosinia On sandy bottom habitat between 5 – 8 m o sediments Frilled venus shell On sandy bottom habitat, in a distinct zone between 6 - 9 m Silky dosinia On sandy bottom habitat between 6 – 10 m Found off sandy beaches, and in harbours and estuaries. Paddle crab Abundant from intertidal to at least 10 m depth Found on mud, sand or gravel, from low tide to depths of 35m Dredge oyster Subtidal or more Pacific oyster In estuaries between the tides Scallop Found in a variety of coastal habitats, in semi enclosed areas On muddy sand substrates in the lowest intertidal and sub- Horse mussel tidal shallows of mainly sheltered waters (also to 50m off open coasts) Knobbed whelk On sandy, silt, mud substrate from low tide to 600m Deepwater clam/ In sand and mud, off sandy beaches in waters between 5 - 25m Geoduc Hard Green-lipped Low intertidal area and subtidal to over 50m substrate Intertidal/ mussel Subtidal Blue mussel High intertidal range Rock oyster Intertidal zone to 3m below low water mark

8 Kina Found in waters less than 10m deep Subtidal Found between 5 - 40m, with a preference for sheltered Sea cucumber coastline. If found on exposed coasts, tends to be in deep water. (Also found on soft shore) Shallow water Octopus Found on reef and sandy bottom habitat

Area 2 Shellfish Fisheries

21 There are many different and discrete Area 2 shellfish fisheries, and little overlap between customary and recreational fishing activity and commercial fishing activity occurs. All species are targeted singly excepting octopus, which is primarily a bycatch fishery.

22 Customary fishers and recreational fishers target most of the shellfish species. Kina, cockle, pipi, tuatua, toheroa and mussels are particularly important customary species. Scallop, kina, green-lipped mussel, cockle, pipi, tuatua and mud snails are popular recreational species. Apart from kina and mud snails, all these species occur in isolated patches across Area 2.

23 Only paddle crab and kina are targeted commercially. Octopus is also taken commercially, but primarily as bycatch in the rock lobster fishery. Exploratory surveys looking at whether commercially viable quantities of surf clams occur in Area 2 are currently underway.

9 Section 1: The Current Situation

24 Section 1 presents the best available (at this stage, MFish) information 5 on the current situation in Area 2 shellfish fisheries. The information is largely organised under the three high-level government outcomes: ♦ health of the aquatic environment protected ♦ best value able to be realised ♦ credible fisheries management.

25 The section closes with a summary of approved services currently applying to Area 2 shellfish fisheries.

HEALTH OF THE AQUATIC ENVIRONMENT PROTECTED

26 Fishing activity can impact the health of the aquatic environment. This sub-section presents current information on:

♦ setting sustainable catch limits for Area 2 shellfish stocks; and ♦ managing the effects of fishing for Area 2 shellfish stocks on the aquatic environment. 27 Other human activities, such as land use, boating, and seabed mining, also affect the marine environment. Therefore this sub-section also looks at contributing to processes that manage the impacts of non-fishing activity on the Area 2 aquatic environment.

Setting Sustainable Catch Limits

28 Fish harvest levels are monitored and managed to maintain a healthy aquatic environment and to ensure fish are available to future generations. Harvest levels are set taking into account the biological characteristics of a species and the ecological links between a fished species, other species and the environment.

Biological Characteristics 29 Fish species have different rates of growth, reproduction and natural mortality, all of which affect their robustness to fishing pressure. Generally fast growing, highly productive species are more robust to fishing pressure than slow growing species with low productivity.

30 Table 4 shows the key biological characteristics, where known, of Area 2 shellfish stocks (Area 2 shellfish stocks). In summary, there is little biological information available on Area 2 shellfish stocks. In many instances the data relates to the species generally, and is based on research on other New Zealand stocks.

Ecological Links 31 There is little information on critical ecological interactions in relation to Area 2 shellfish stocks. Generally such interactions are hard to identify and very hard to predict.

5 Section 10 of the Fisheries Act 1996 requires the best available information to be used for fisheries management.

10 However, there are some examples. An interesting observation from a northern marine reserve was that upon its establishment in early 1975 the reef systems were dominated by kina barrens (areas where kina had removed the large brown algae). After 20 years of protection, an increase in snapper and crayfish – kina predators – within the reserve has resulted in a significant decline in the kina population and a subsequent re-growth of algae. In terms of ecological services, the cockle population of the Pauatahanui Inlet, near Wellington, is estimated to filter 1.6 million cubic metres of water each tidal cycle. A significant reduction in the cockle population may alter this. The consequences of such actions are unknown.

Table 4. Key Biological Characteristics of Area 2 shellfish species (where known) Average Mortality rate Maturity age Average Species Fecundity length of (M) or length Growth Rate oldest fish Cockle 18 mm Pipi 0.3 - 0.5 40 mm 10 years Fast Green-lipped mussel High 40 - 50 mm 240 mm Horse mussel 400 mm Fast Scallop 0.5 High 60 -70 mm Fast Frilled venus shell 48 – 88 mm Silky dosinia 41 – 68 mm Ringed dosinia 58 – 82 mm Trough shell 0.28 – 0.38 63 – 95 mm Large trough shell 0.40 – 0.46 63 - 102 mm Deepwater tuatua 73 - 109 mm Deepwater 0.14 – 0.26 <61 mm 61 – 135 mm clam/Geoduc Knobbed whelk 50 mm Kina 30 - 75 mm Moderate Sea cucumber 2 years 5 - 15 years 130 mm Paddle crab Fast carapace width

Sustainability Indicators 32 MFish monitors stocks in various ways, depending on the biological characteristics of the species, the characteristics of the fishery and the size of the fishery. In general: • standardised commercial catch per unit effort (CPUE) 6 or fishery independent biomass surveys (usually of entire stock management area but for more sedentary shellfish species undertaken at the local level) are used to provide an index of abundance wherever possible • estimates of the age structure of populations are used, particularly where CPUE monitoring alone does not provide a good index of abundance (the age structure of a population will vary depending on how heavily fished a stock is - populations that are heavily fished tend to have less size classes) • comparison between annual landings with the commercial catch limit (the ‘Total Allowable Commercial Catch’ or TACC) is used for smaller fisheries with low catches (a disparity between the TACC and actual catch that inexplicably increases over time may indicate a stock that is being over fished). Catches of other sectors may also be monitored.

6 Standardised CPUE relates to the fishing effort required to catch the fish (eg, the number of hooks; or the length of time the trawl net is in the water). A declining CPUE may indicate that abundance of fish has declined. However, other factors can influence CPUE, particularly for species that have patchy or clumped distributions.

11 33 Area 2 shellfish fisheries are small fisheries and are therefore monitored by comparing annual landings with the TACCs. Stakeholder initiatives surveying the biomass of surf clams (Surf Co. Ltd), and shellfish beds (Mahia Coastal Management Strategy) in specific areas are

underway.

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34 MFish contracts research to support stock monitoring and assessment, and to provide information on the impacts of fishing activity.

35 No research specific to Area 2 shellfish stocks has been contracted. General r esearch projects completed since 1991 that are relevant to Area 2 shellfish species are: • Breen, P.A. (1991). The New Zealand deepwater clams (geoducs), Panopea zelandica and P. smithae . New Zealand Fisheries Assessment Research Document 91/5. • Cranfield, H.J., Michael, K.P., Stotter, D.R. (1993). Estimates of growth, mortality, and yield per recruit for New Zealand surf clams . New Zealand Fisheries Research Assessment Document 93/20. • Cranfield, H.J., Michael, K.P., Stotter, D.R., Doonan, I.J. (1994a). Distribution, biomass and yield estimates of surf clams off New Zealand beaches. New Zealand Fisheries Research Assessment Document 94/1. • Breen, P.A. (1994). Sustainable fishing patterns for deepwater clam (Panopea zelandica) populations in New Zealand. New Zealand Fisheries Assessment Research Document 94/4. • McShane, P.E.; Anderson, O.F.; Gerring, P.K.; Stewart, R.A.; & Naylor, J.R. (1994a). Fisheries biology of kina (Evechinus chloroticus). New Zealand Fisheries Assessment Research Document. 94/17. • McShane, P.E. (1997). A summary of commercial catch data and biological information for kina (Evechinus chloroticus). New Zealand Fisheries Assessment Research Document. 97/16. • Stevens, D. W. (1999). A summary of biology and commercial landings and a stock assessment of paddle crabs Ovalipes catharus in New Zealand waters. Draft N. Z. Fisheries Research Assessment Document. 99/18. • Cranfield, H.J., Michael, K.P. (2001). The surf clam fishery in New Zealand: description of the fishery, its management, and the biology of surf clams. New Zealand Fisheries Assessment Report 01/62. • Beentjes, M.P. (2003). New species into the QMS - sea cucumber . Final Research Report for Ministry of Fisheries Research Project MOF200203D, Objective 1.

36 Current and future MFish and DOC research projects are listed in the Fisheries Services sub-section.

Catch Limits 37 Twenty-one of the 27 stocks included in the Plan are managed within the QMS, meaning a catch limit (Total Allowable Catch or TAC) is set to ensure the stock is fished sustainably. The catch limits of all 21 stocks are set under s13 of the Fisheries Act 1996 (the 1996 Act). Section 13 requires that the biomass of the stock be maintained at a level that is at or above the level that can produce the maximum sustainable yield (MSY).

12 38 Table 5 shows the current TACs for these 21 stocks. Table 5 also contains information on the basis for setting the TACs and the current status of the stocks in relation to the biomass that can produce MSY (B MSY ).

Table 5: Table showing date of QMS introduction, TACs, stock status in relation to B msy , and the basis for setting TACs. Basis for setting TAC Date of QMS TAC Status of stock in Species Stock when first introduced introduction (tonnes) relation to B MSY into the QMS Cockle COC2 1 October 2005 5 Unknown To reflect current catches Pipi PPI2 1 October 2005 7 Unknown To reflect recent catches Tuatua TUA2 1 October 2005 7 Unknown Estimates of existing catch Green-lipped Estimates of existing non- GLM2 1 October 2004 35 Unknown mussel commercial catch Largely on commercial Horse mussel HOR2 1 April 2004 8 Unknown landings Current catches, together Dredge OYS2A 1 October 2005 4 Unknown with distribution, biology Oyster & life history information Scallops SCA2A 1 October 2005 4 Unknown To reflect recent catches Unknown, likely BYA2 1 April 2004 1 Yield estimates to be near virgin Unknown, likely DAN2 1 April 2004 18 Yield estimates to be near virgin Unknown, likely DSU2 1 April 2004 1 Yield estimates to be near virgin Unknown, likely Surf clams MDI2 1 April 2004 1 Yield estimates to be near virgin Unknown, likely MMI2 1 April 2004 3 Yield estimates to be near virgin Unknown, likely PDO2 1 April 2004 23 Yield estimates to be near virgin Unknown, likely SAE2 1 April 2004 1 Yield estimates to be near virgin Deepwater Biological characteristics – PZL2 1 October 2006 1.5 Unknown clam/Geoduck no catch information Reported commercial Knobbed KWH2 1 October 2006 3 Unknown catches and likely non- whelk commercial catches SUR2A 1 October 2003 204 Unknown Known or estimated levels Kina SUR2B 1 October 2003 102 Unknown of catch SCC2A 1 April 2004 4 Unknown To allow some commercial development but minimise Sea cucumber SCC2B 1 April 2004 11 Unknown risk to long-term sustainability Unknown, likely Paddle crab PAD2 1 October 2002 125 Catch history to be above B msy

39 The remaining six stocks – toheroa, blue mussel, pacific oyster, rock oyster, octopus, and mud snail – are non-QMS species. Consequently, no TACs have been set for these stocks.

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Managing the Effects of Fishing on the Aquatic Environment

40 To ensure the health of the wider aquatic environment, the 1996 Act outlines several environmental principles that must be considered when making decisions about the use or sustainability of fishstocks.7 These include:

♦ maintaining biological diversity (biodiversity) of the aquatic environment

♦ protecting habitats of particular significance for fisheries management

♦ maintaining associated or dependent species above a level that ensures their long-term viability.

41 Fisheries managers also consider benthic impacts, which may affect all of the above. Benthic impacts are impacts on the animals and plants living on, or attached to, the seafloor that arise from fishing equipment making contact with the seafloor.

Biodiversity 42 The Government’s overall commitment to maintaining New Zealand’s (NZ’s) biodiversity is set out in the NZ Biodiversity Strategy. One aim of the Strategy is to protect a full range of marine habitats and ecosystems representative of NZ’s marine biodiversity. To achieve this protection, the Government has developed the Marine Protected Areas (MPA) Policy to guide development of a network of MPAs. The MPA network will be the primary tool used to maintain marine biodiversity.

43 The MPA Policy is yet to be applied in bioregions8 overlapping with Area 2, and no inventory of the representative habitats and ecosystems occurring in the region, or the protection provided by existing management tools has been undertaken. Two marine reserves established in Area 2 protect some habitats (Figure 4). They are:

♦ Te Tapuae o Rangokako Marine Reserve (2450 hectares), which incorporates intertidal reef platform, sandy beach, and deep mud flat habitats ♦ Te Angiangi Marine Reserve (446 hectares), which incorporates intertidal and subtidal reef, boulder, and sandy flat habitats.

44 A third marine reserve – the Kupe/Kevin Smith Marine Reserve (840 hectares) – has been approved for the Wellington South Coast between Houghton Bay and the Old Quarry. The reserve incorporates reef, pebble beach and sandy beach habitats.

45 Other management tools applied in the region (eg, fishing restrictions and Resource

7 In addition, in 2005 the Government launched its Strategy for Managing the Environmental Impacts of Fishing (SMEEF). The SMEEF proposed the development of a set of standards that define the acceptable limits of effects of fishing on the aquatic environment. The development of these performance standards is underway. 8 For the purposes of the MPA Policy, NZ is divided into 13 coastal biogeographic regions (bioregions). This approach recognises that similar physical habitats, if separated by enough space will contain different biological communities due to a combination of broad-scale factors like oceanography, current dynamics, large-scale latitudinal gradients, climate or barriers to dispersal.

14 Management Act tools) may also protect habitats. When implemented in bioregions overlapping with Area 2, the MPA Policy will identify a full range of representative habitats and ecosystems in each bioregion, inventory existing protection, and address any gaps by establishing new MPAs.

Figure 5: Marine Reserves in Area 2: Te Tapuwae o Rongokako and Te Angiangi

Habitats of Particular Significance to Fisheries Management 46 Habitats of particular significance to fisheries management include fish spawning and nursery areas, areas of high biodiversity, and areas of habitat important to particular life-cycle phases or the food-web of harvested fish species.

47 No research intended to identify habitats of significance to fisheries management has been undertaken in Area 2. An area of seabed referred to as the Wairoa Hard located between Napier and Wairoa is recognised by MFish, tāngata whenua and stakeholders as an important nursery area for a range of finfish species. Commercial finfish fishing and amateur set netting are banned on the Wairoa Hard but fishing for shellfish is allowed.

48 Intertidal estuaries and areas of dense fauna (eg, seaweed or sea grass beds) are generally considered important spawning and nursery areas for finfish species. Many Area 2 shellfish species are found and harvested in these areas. Hand-gathering is the most common fishing method used by fishers across all sectors to collect shellfish species in intertidal estuaries and dense faunal areas. As this method allows fishers to collect individual shellfish, impacts on these habitats are believed to be low.

Associated or Dependent Species 49 Associated or dependent species are any non-harvested species taken or otherwise affected by fishing.

Protected species 50 Protected species are a sub-set of associated or dependent species protected under New Zealand law or by obligations arising from international agreements. Protected species include all marine mammals and reptiles, most seabirds, some sharks, black and red corals and spotted black grouper.

51 Although some of these species occur within Area 2, most are associated with deeper

15 water than Area 2 shellfish stocks. In addition, the harvesting methods used to target invertebrate species are usually species specific (ie, hand-gathering) hence, interactions between Area 2 shellfish fisheries and protected species are likely to be low.

Other associated or dependent species 52 At this time, no other associated or dependent species have been identified as requiring species-specific discussion in relation to the effects of fishing. However, the effects of fishing on groups or communities containing associated or dependent species are discussed generally in the sections on biodiversity and habitats of importance to fisheries management.

Benthic impacts 53 Our knowledge of the relative vulnerability of different seabed types to disturbance from fishing activity is fragmented but available data and ecological principles suggest that the most vulnerable communities will be those dominated by erect epifauna (eg, bryozoans, corals and sponges) or other long-lived species, which are adapted to only low levels of physical disturbance. Recovery rates are especially poorly-known, but the regeneration of damaged corals and other erect fauna on deep reefs is likely to take decades or centuries to occur whereas communities associated with mobile sandy sediments in or close to the surf zone are likely to recover most rapidly.

54 In the intertidal area, hand-gathering is the most common fishing method used by fishers across all sectors to collect shellfish species. As this method allows fishers to collect individual shellfish, the impacts of hand-gathering on the benthos are believed to be low.

55 In the subtidal area, fishing methods include diving, potting, and dredging. In general, ♦ Diving (eg, for kina) targets individual fish and has minimal impact on the benthos. ♦ Potting (eg, for paddle crabs and octopus) has little direct impact on the benthos other than the localised physical impact where the pot lands on the seabed. ♦ Dredging (eg, for scallops by recreational fishers) is known to affect most benthic habitats by reducing habitat structure and benthic biodiversity. Currently dredging within Area 2 is limited to localised areas of Wellington Harbour. 56 MFish has no fine scale information on the distribution of these methods.

57 Surf clams are harvested in the surf zone using mechanised dredges or dredges with water jets. No commercial fishing for surf clams currently occurs in Area 2. Commercial research on locations and quantities of surf clams within the region is underway, however.

Contributing to Processes that Manage Non-Fishing Activities

58 Non-fishing activities also impact on the health of the aquatic environment. Many non- fishing activities that impact on shellfish habitat are managed by regional councils. For example, regional councils are responsible for managing:

• The discharge of contaminants into rivers and the territorial seas - for example, discharges from sewerage treatment plants, stormwater systems, marine vessels, factories, and fish farms 9, and the runoff from land

9 There are five fish farms in Area 2: one in Wellington Harbour (2.887 ha), one on the Wairarapa coast (0.2 ha) and three in Hawke Bay (4 ha, 2465 ha and 0 ha)

16 • The taking, using, damming, or diverting of water (eg, for hydro-electric dams, domestic water supply and agricultural practices such as water storage for stock and irrigation) • The disturbance of and deposition of substances on the banks and beds of rivers and lakes (eg, sand mining, gravel extraction and the clearing of riparian vegetation from channels for flood control) • The construction of structures on the banks and beds of rivers and lakes (eg, culverts, bridges, weirs and also erosion mitigation works like seawalls) • Disturbance of and deposition of substances on the foreshore and seabed within territorial waters (eg, dumping of harbour spoil and submarine installation of cables and pipelines such as the Whirinaki fuel supply pipelines) • The construction of structures on the foreshore and seabed within territorial waters (eg, wharves, jetties, moorings and structures associated with aquaculture operations).

59 Other entities also manage activities that may impact on the marine environment. For example:

• territorial (district and city) councils are responsible for land use planning, infrastructure management (eg, roading networks, sewerage and storm-water treatment) and environmental health and safety • Maritime New Zealand is responsible for ensuring commercial vessels meet safety, security and environmental standards, and maintaining NZ’s capability to deal with marine oil spills • the Ministry of Agriculture and Forestry (together with Department of Conservation, and Ministry of Health, MFish and regional councils) is responsible for biosecurity control of unwanted exotic pests (eg, Undaria pinnitifida ).

60 MFish, tāngata whenua and Area 2 shellfish fishery stakeholders cannot directly control non-fishing activities that affect the aquatic environment. MFish, tāngata whenua and stakeholders must therefore identify opportunities to participate in other management processes that manage non-fishing activities that impact on the health of the aquatic environment.

BEST VALUE ABLE TO BE REALISED

61 Fish stocks are of value to both extractive users (those that harvest fish) and non- extractive users (those who obtain value from knowing that a healthy aquatic environment will be left for future generations). Best overall value is achieved when the values different users hold in relation to fish stocks are given recognition and maximised to the greatest extent possible.

62 This sub-section looks at current information on the use and value of Area 2 Shellfish stocks. The information is organised across three topics:

♦ recognising value: allocation of catch ♦ achieving value: uses and values of the fishing sectors ♦ protecting value: compliance

17 Recognising Value – Allocation of Catch

63 A key responsibility of government is to provide for user interests fairly. For non- extractive users, this is achieved through a management framework that ensures the health of the aquatic environment is protected (refer earlier ‘Health of the Aquatic Environment Protected’ sub-section). For extractive users, it is achieved through allocation of catch.

64 For QMS stocks, allocation of catch among extractive users occurs when a TAC is set. Provision, where appropriate, is also made for other sources of fishing-related mortality (eg, undersize fish that pass through a fishing net but are injured and die, illegal harvest of fish, etc). Table 6 shows existing TACs and the allocations to the three fishing sectors for the 21 Area 2 shellfish stocks managed within the QMS. No TACs or allocations have been set for the seven non-QMS stocks (toheroa, blue mussels, pacific oysters, rock oysters, octopus, and mud snails).

Table 6: TAC and allocations for Area 2 shellfish stocks (in tonnes) Other Customary Recreational fishing-related Species Stock TAC TACC allowance Allowance mortality allowance Cockle COC2 5 2 2 0 1 Green-lipped mussel GLM2 35 15 10 10 0 Horse mussel HOR2 8 1 1 2 4 Knobbed whelk KWH2 3 1 1 1 0 Dredge oyster OYS2A 4 1 1 1 1 Paddle crab PAD2 125 5 10 110 0 Pipi PPI2 7 3 3 0 1 Deepwater clam PZL2 1.5 0 0 1.2 0.3 Scallop SCA2A 4 1 1 1 1 Sea cucumber SCC2A 4 1 1 2 0 SCC2B 11 2 4 5 0 Kina SUR2A 204 60 60 80 4 SUR2B 102 35 35 30 2 Tuatua TUA2 7 3 3 0 1 Surf clams - Frilled venus shell BYA2 1 0 0 1 0 - Ringed dosinia DAN2 18 0 0 18 0 - Silky dosinia DSU2 1 0 0 1 0 - Trough shell MDI2 1 0 0 1 0 - Large trough shell MMI2 3 0 0 3 0 - Deepwater tuatua PDO2 23 9 9 5 0 - Triangle shell SAE2 1 0 0 1 0

Achieving Value – Uses and Values of the Fishing Sectors

Customary Sector 65 The “customary sector” is tāngata whenua (iwi, and hapu) of Area 2. Tāngata whenua are integrally linked to the land and sea, and fish for spiritual well-being, economic well-being and to sustain whänau and the marae. Consequently, tāngata whenua actually participate in all three fishing sectors.

66 “Customary fishing” is defined as non-commercial fishing under the authority of a customary fishing permit. Customary fishing permits are issued either under the Fisheries (Kaimoana Customary Fishing) Regulations 1998 (the Kaimoana Regulations) or under r 27A

18 of the Fisheries (Amateur Fishing) Regulations 1986 (r 27A).

67 Under the Kaimoana Regulations, iwi and hapü groups decide who has tāngata whenua status over an area (rohe moana). The groups with tāngata whenua status choose people to act as guardians (Tāngata Kaitiaki) for the rohe moana, and these Tāngata Kaitiaki are formally appointed by the Minister of Fisheries. Tāngata Kaitiaki manage customary fishing within their rohe moana, and are responsible for issuing customary fishing permits. Tāngata Kaitiaki can also apply for mataitai reserves over traditional fishing areas within their rohe moana.

68 Regulation 27A applies in areas without Tāngata Kaitiaki appointed under the Kaimoana Regulations. Under r 27A, authorised representatives of a marae committee, Māori committee, Runanga or Māori Trust Board can issue a customary fishing permit for the taking of fish for important events like hui and tangi.

Profile of customary sector 69 A large number of tāngata whenua groups (iwi and hapu) have links to Area 2 and Area 2 shellfish fisheries. The coastal iwi within Area 2 include:

a) Ngati Porou b) Te Aitanga A Mahaaki c) Rongowhakaata d) Ngai Tamanuhiri e) Rongomaiwahine f) Ngati Kahungunu g) Rangitane Wairarapa Te Ati Awa h) Ngati Tama i) Taranaki whänui j) Ngati Tupaia k) Ngati Toa

70 One iwi and a number of hapu with links to iwi listed above have Tāngata Kaitiaki appointed for specified rohe moana under the Kaimoana Regulations (refer Figure 6).

71 All Area 2 shellfish species are important to tāngata whenua. Area 2 shellfish species of particular traditional importance to tāngata whenua include kina, cockle, pipi, tuatua, toheroa, and green-lipped mussel.

72 Iwi and hapu also have strong connections to particular traditional fishing places within Area 2. Iwi and hapu retain information on the location of these traditional fishing areas. In some instances, iwi and hapu may use customary fishing tools (mätaitai reserves, taiapure or s 186 Temporary Closures) to improve or assure customary value in important traditional fishing areas. Figure 7 shows locations where customary fishing tools currently apply in Area 2.

Customary use of Area 2 shellfish stocks 73 Most Area 2 shellfish stocks are harvested by tāngata whenua in Area 2 to some extent but, at this time, MFish has very little data on the quantity of Area 2 shellfish stocks harvested

19 using customary fishing permits.

74 Although reporting requirements exist under the Kaimoana Regulations, these regulations are relatively new and the framework for collecting and storing this information is incomplete. In the future, catch reporting records will provide an indicator of use.

Figure 6: Rohe moana of hapu with Tāngata Kaitiaki appointed under the Kaimoana Regulations in Area 2 [have requested updated map]

Customary values associated with Area 2 shellfish stocks 75 The customary values associated with fishing generally, and Area 2 shellfish stocks in particular, need to be discussed and confirmed with the customary sector, but may include:

♦ Whakapapa (ancestral descent signifying links to the whenua (land) and the ätua (gods)) ♦ Whanaungatanga (kinship and the rights, responsibilities and expected modes of behaviour that accompany it) ♦ Rangitiratanga (respect for whānau, hapū and iwi autonomy) ♦ Kaitiakitanga (the practice of environmental stewardship, and also the role of specific species as kaitiaki or guardians) ♦ Protection of mauri (sustaining a healthy marine environment, including spiritually)

20 ♦ Practice of tikanga (the customs and traditions that have been handed down through the passages of time) ♦ Manaakitanga (the principle of hospitality and also the ability to uphold the mana of the marae through the provision of favoured species) ♦ Ability to provide for the range of traditional customary uses such as hui, tangi, papakäinga and marae needs, and obligations to provide food for others).

76 No tools have been identified or agreed to monitor and measure value achieved by the customary sector. One measure may be the level of uptake of the Kaimoana Regulations, which provide for, among other things, rangitiratanga and kaitiakitanga. Figure 6 above shows the current level of uptake of the Kaimoana Regulations in Area 2.

Figure 7: Mataitai Reserves, Taiapure Fisheries Management Areas and s 186 Temporary Closures

Recreational Sector 77 The “recreational sector” in Area 2 comprises tāngata whenua, Area 2 residents, and visitors to the region who harvest shellfish in a manner consistent with the Fisheries (Amateur Fishing) Regulations 1986 and the Fisheries (Central Fishery Management Area Amateur Fishing) Regulations 1986.

Profile of recreational sector 78 The number of participants in the recreational sector in Area 2 is unknown and varies annually because the region attracts varying numbers of domestic and international visitors

21 who participate in fishing activities. Some locally-based recreational fishers belong to fishing clubs, and it is these clubs that tend to be most active in representing recreational fishers on fisheries management issues. However, it must be recognised that the key focus of most fishing clubs is finfish fishing. Fishing clubs in Area 2 include:

Affiliates to New Zealand Big Game Fishing Council: • Gisborne–Tatapouri Sports Fishing Club (2259 members) • Mahia Boating & Fishing Club (616 members) • Hawke’s Bay Sports Fishing Club (1211 members) • Akitio Boating Club (338 members) • Porongahau Fishing Club (120 members) • Wairarapa Sports Fishing Club (156 members) • Pukemanu Boating and Fishing Club (173 members) • Ngawi Sports Fishing Club (523 members) • Twin Harbours Fishing Club (50 members)

Affiliates to New Zealand Angling and Casting Association: • Gisborne Surfcasters Inc • Paikea Fishing Club • Pania Surfcasting Club • Wairoa North Clyde Surfcasting Club • Wairoa Surf casting Club • Wairarapa Surfcasting Club • Upper Hutt Cosmopoliton Club – Fishing Adjunct • Wellington Casual Fishing Club • Wellington Surfcasting and Angling Club • Greta Fishing & Sports Club • Kapiti Club – Fishing Section

Others • Wellington Recreational Marine Fishers Association ( affiliated to New Zealand Recreational Fishing Council ) • Anaura Bay Fishing Club • Tologa Bay Boating and Fishing Club • Tokomaru Bay Fishing Club

79 Recreational harvesting of shellfish in Area 2 is popular, but is restricted to specific locations where particular species occur. The key species of interest for recreational fishers include kina, green-lipped mussels, cockles, pipi, scallops, tuatua and mud snails. Area 2 shellfish species are taken by hand gathering .

22 80 Many locales within Area 2 are popular among recreational fishers. To some extent, the popularity of a particular fishing spot is dependant on accessibility. For example, Wellington Harbour (scallop and green-lipped mussel), Pania Reef (kina, green-lipped mussel), Ahuriri Estuary and Waimarama Beach (cockle and pipi) and Mahia Peninsula (cockle, pipi, mussel and kina) are all popular shellfish harvesting locales.

Recreational use of Area 2 shellfish stocks 81 Recreational fishers are not required to report the quantities of fish they catch so MFish contracts research surveys to estimate recreational catch.

82 Table 7 contains research estimates, where available, of recreational harvest of Area 2 shellfish stocks. The accuracy of these estimates is under question, and they are not considered reliable as estimates of total harvest. The estimates are useful for comparing the relative amounts of different species taken by recreational fishers. The species shown by the survey results as being caught in larger quantities tend to correspond with those species known to be most targeted and valued by recreational fishers.

Table 7: Catch Estimates for Area 2 shellfish stocks (estimates in numbers of shellfish) Recreational survey Species Stock 1996 1999/00 2000/01 Cockle COC2 30 000 549 000 77 000 Paddle crab PAD2 4000 12 000 Pipi PPI2 61 000 861 000 98 000 Green-lipped mussels MSG2 8000 22 000 Mussels (blue and green-lipped) 80 000 Mussels (not specified) 65 000 Kina SUR2 61 000 1 026 000 823 000 Tuatua TUA2 3000 85 000 110 000 Rock oysters ROY2 4000 Octopus (not specified) 1000 Molluscs (likely to be pipi or tuatua) 40 000

83 There are no estimates of recreational catch for the remaining Area 2 shellfish stocks (toheroa, horse mussel, dredge oyster, pacific oyster, scallop, surf clams, deepwater clam, knobbed whelk, mud snail and sea cucumber). These stocks however are likely to be taken from time to time by recreational fishers.

Recreational values associated with Area 2 shellfish stocks 84 The values recreational fishers associate with fishing generally and Area 2 shellfish stocks in particular need to be discussed and confirmed with the recreational sector, but may include:

• The ability to provide food for family and friends • The ability to participate in an enjoyable outdoor activity • Availability of fish (in particular favoured fish species) in good quantities in accessible places • Good catch rates • A range of fish sizes, including large fish • Fish in good condition (eg, not affected by pollution).

23 85 As noted, tāngata whenua are also recreational sector participates and therefore the values listed for the customary sector are also relevant.

86 No tools have been identified or agreed to monitor and measure value achieved by the recreational sector in using Area 2 shellfish stocks.

Commercial Sector 87 The “commercial sector” in Area 2 shellfish fisheries comprises Area 2 shellfish quota owners, fishers of Area 2 shellfish stocks, and Area 2 shellfish Licensed Fish Receivers, wholesalers and retailers.

Profile of commercial sector 88 The number of quota owners for the shellfish stocks managed within the QMS varies depending on the stock and changes through time. Table 8 details the number of quota holdings by stock and the levels of quota concentration within each stock 10 .

Table 8: Number of quota owners and quota owning concentration for the 21 Area 2 shellfish stocks managed within the QMS (as of May 2007) Number of quota owners with holdings by 3-firm Smallest size (in millions of shares) Largest quota concentration quota Stock holding ratio 11 Total quota holding 0-15 15-30 30-45 45+ (shares) (% quota owners (shares) holding) * COC2 3 1 4 20,000,000 40,000,000 80.0 GLM2 1 1 2 20,000,000 80,000,000 100.0 HOR2 1 1 2 20,000,000 80,000,000 100.0 KWH2 1 1 2 20,000,000 80,000,000 100.0 PAD2 9 3 12 144,545 28,007,273 74.9 PPI2 3 1 4 20,000,000 40,000,000 80.0 PZL2 1 1 2 20,000,000 80,000,000 100.0 SCA2A 1 1 2 20,000,000 80,000,000 100.0 SCC2A 1 1 2 20,000,000 80,000,000 100.0 SCC2B 1 1 1 3 20,000,000 48,000,000 100.0 SUR2A 7 3 10 2,500,000 20,000,000 51.9 SUR2B 3 1 1 5 571,666 77,226,667 98.9 TUA2 3 1 4 20,000,000 40,000,000 80.0 Surf clams: BYA2 1 2 3 20,000,000 40,000,000 100.0 DAN2 1 2 3 20,000,000 40,000,000 100.0 DSU2 1 2 3 20,000,000 40,000,000 100.0 MDI2 1 1 2 20,000,000 80,000,000 100.0 MMI2 1 1 2 20,000,000 80,000,000 100.0 PDO2 1 1 2 20,000,000 80,000,000 100.0 SAE2 1 1 2 20,000,000 80,000,000 100.0

10 Concentration ratios of quota holders are calculated as at a point in time. Over time, these numbers fluctuate, in response to quota aggregation and dis-aggregation . However, at a point in time these numbers do not take into account subsidiary relationships and multiple quota holdings by a single individual, so should be used with caution. 11 A Concentration Ratio describes the proportion of total output in an industry that is produced by a given number of the largest firms in the industry. The three-firm concentration ratio is the proportion of total output produced by the three largest firms in the industry. Although ‘total output’ is not necessarily synonymous with quota holding, one might expect the correlation between the two to be very high.

24 89 The amount of quota shares held by a quota owner determines their level of ACE. ACE is the right to take a certain weight of the stock during the fishing year. Table 9 details the number of ACE holders for each stock, the concentration ratio, as well as the number of ACE holders who also hold quota shares or are licensed fish receivers.

Table 9: Number of ACE holders and ACE holding concentration as of May 2007

3-firm Number of ACE Number of licensed Total number of Stock concentration ratio holders holding quota fish receivers holding ACE holders (% ACE holding) * shares ACE COC2** - - - - GLM2 11 90.9 1 2 HOR2 13 98.2 2 2 KWH2 2 100.0 1 0 PAD2 30 54.0 7 5 PPI2** - - - - PZL2 2 100.0 1 0 SCA2A 3 100.0 2 0 SCC2A 12 98.2 2 2 SCC2B 15 97.3 3 2 SUR2A 19 43.1 8 4 SUR2B 18 88.1 4 2 TUA2** - - - - Surf clams: BYA2 10 97.3 3 2 DAN2 16 97.3 3 2 DSU2 10 97.3 3 2 MDI2 9 98.2 2 2 MMI2 12 98.2 2 2 PDO2 13 98.2 2 2 SAE2 9 98.2 2 2 ** No ACE because the TACC for the stock is set at zero

90 For some fisheries - COC 2, PPI 2 and TUA 2 - there are quota owners even though the TACC is set at zero. This reflects potential development in the fishery and establishes rights should a TACC above zero be set in the future.

91 Most of the vessels used in the Area 2 shellfish fishery are less than 10 metres in length. The main fishing port for Area 2 shellfish stocks is Napier. Table 10 details the number and size of fishing vessels catching Area 2 shellfish stocks by their base port. The low number of vessels reflects the fact that only kina and paddle crab are currently targeted commercially.

92 Licensed Fish Receivers receive and process fish. The number and locations of Licensed Fish Receivers engaged in fish processing of Area 2 shellfish stocks varies annually. Information the number of location of Licensed Fish Receivers processing Area 2 shellfish stocks is not available at this time but is being collated.

25 Table 10: Number and size of fishing boats catching Area 2 shellfish stocks by base port (in 2005-06)

Port <10 m vessels 10-15 m vessels Total Castle Point 1 1 Lowry Bay 1 1 Mahia Beach 1 1 Napier 6 1 7 Tatapouri 2 2 Wellington 1 1 Whangawhei 2 2 Whitianga 1 1 TOTAL 14 2 16

Commercial use of Area 2 shellfish stocks 93 Commercial fishers must land and report all QMS stocks taken, excepting undersized fish and some with conditions listed under the 6 th Schedule to the 1996 Act. Commercial reporting includes:

• Catch-effort reporting, which includes target species, species caught, estimated weight of species in greenweight, location (either by statistical area (Figure X) or by latitude/longitude), method, and measures of effort • Landings reporting, which include location, fishstock, measured weight, processed state

94 There are also reporting requirements for licensed fish receivers. This information is used to provide landings figures for each stock.

95 Area 2 shellfish stocks listed on the 6 th Schedule, include: dredge oyster, cockle, green- lipped mussel, knobbed whelk, pipi, scallop, sea cucumber and surf clams. These species can be returned to the waters form which they were taken if they are likely to survive a return.

96 Figure 8 graphs the commercial landings of the three main Area 2 shellfish fisheries since the 1989/90 fishing year, alongside the TACC (where set).

Figure 8: Commercial landings and TACC of paddle crab, kina and octopus

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27

97 Table 11 details the commercial landings (where available) for other Area 2 shellfish stocks since the 1989/90 fishing year.

Table 11: Commercial landings of other Area 2 shellfish stocks (tonnes) Fishing HOR2 GLM2 OYS2 ROY2 SAE2 SCA2 SCC2 SCC2A SCC2B WHE2 year 1989/90 0 0 0 0 0 30.126 0 N/A N/A 0 1990/91 0 0 0 0 0 35.837 0 N/A N/A 0 1991/92 0 0 0 0 0 4.059 0 N/A N/A 0 1992/93 0 0 0 0 0 10.831 0 N/A N/A 0 1993/94 0 0 0 0 0 7.734 0 N/A N/A 0.135 1994/95 0.019 0 0 0 0 1.536 0 N/A N/A 0.707 1995/96 0 0 0.666 0.157 0 2.402 0 N/A N/A 0.089 1996/97 0 0 0.945 0 0 0.805 0 N/A N/A 0.174 1997/98 0 0 0.440 0 0 1.478 0 N/A N/A 0 1998/99 0 0 0.126 0 0 1.057 0 N/A N/A 0 1999/00 0 0 0 0 0 0 0 N/A N/A 0 2000/01 0 0 0.098 0 0 0.547 0 N/A N/A 0 2001/02 0.002 0 0 0 0 0 0.362 N/A N/A 0 2002/03 0 0 0 0 0 0.024 0.015 N/A N/A 0 2003/04 0 0 0 0 0.198 0.217 N/A 0 0 0 2004/05 0 0 0 0 0 0 N/A 0 0 0 2005/06 0 0.219 0 0 0 0 N/A 0 0 0 Total 0.021 0.219 2.275 0.157 0.198 96.653 0.377 0 0 1.105

98 There are few or no known commercial landings of other Area 2 shellfish stocks, including cockle, pipi, tuatua, blue mussel, pacific oyster, frilled venus shell, ringed dosina, silky dosina, trough shell, large trough shell, deepwater tuatua, deepwater clam and mud snail. As shown in Table 11 above, commercial landings of WHE2 (whelk) are likely to mainly consist of knobbed whelk.

99 A permit moratorium currently applies to two Area 2 shellfish stocks: blue mussel and mud snail (see Table 16 for further details). The permit moratorium prevents new fishers accessing these non-QMS shellfish fisheries.

Commercial values associated with Area 2 shellfish stocks 100 Commercial operators in Area 2 shellfish fisheries have two options for maximising value: • Maximising the value from the harvest right – the quota

• Maximising the value from the product caught .

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101 Commercial operators in Area 2 shellfish fisheries managed within the QMS can choose to own quota and to either fish that quota or trade the ACE associated with the quota.

102 There has been limited quota trading for Area 2 shellfish species and many trades have simply involved the Crown selling its shares. Due to the lack of catch history upon which to base quota allocation to Industry, the Crown received up to 80% of the quota for all but 3 of the stocks (see Table 12). Table 12 shows the results of tender round for Crown-held quota.

28

Table 12: Results from Crown tender rounds: Crown-held quota shares and trade price (equivalent of $/tonne) Shares allocated to Amount of Crown- Trade price Stock the Crown held shares sold ($/tonne) COC2 80,000,000 80,000,000 N/A GLM2 80,000,000 80,000,000 $2,170 HOR2 80,000,000 80,000,000 $4,100 KWH2 80,000,000 Not yet tendered OYS2A 80,000,000 80,000,000 $2,500 PAD2 30,734,546 1,818,182 $15,250 909,091 $5,000 PPI2 80,000,000 80,000,000 N/A PZL2 80,000,000 Not yet tendered SCA2A 80,000,000 Not yet tendered SCC2A 80,000,000 80,000,000 $6,000 SCC2B 80,000,000 80,000,000 $10,000 SUR2A None N/A N/A SUR2B 77,226,667 77,226,667 $6,258.63 TUA2 80,000,000 80,000,000 N/A Surf clams: BYA2 80,000,000 80,000,000 $2,250 DAN2 80,000,000 80,000,000 $694.44 DSU2 80,000,000 80,000,000 $2,250 MDI2 80,000,000 80,000,000 $10,000 MMI2 80,000,000 80,000,000 $6,666.67 PDO2 80,000,000 80,000,000 $5,000 SAE2 80,000,000 80,000,000 $6,375

103 Quota is the long-term asset while ACE is the annual return realised from this asset. If quota owners choose not to fish their quota directly, they can generate value from selling the annual harvest entitlement. Table 13 below details the average trading price of ACE for each Area 2 shellfish stock, where available, for the past four fishing years.

Table 13: Average ACE trading price for some Area 2 shellfish stocks from 2002/03 – 2005/06 (where available) Average price per kilogram ($/kg) Stock 2002/03 2003/04 2004/05 2005/06 PAD2 0.44 0.56 0.25 0.09 PZL2 SCC2A 0.19 0.25 SCC2B 0.19 0.51 SUR2B 0.42 0.1

104 Deemed values are set for all Area 2 shellfish stocks managed within the QMS. Deemed values encourage fishers to balance their catch against ACE. Differential deemed values (that increase the deemed value rate the more a fisher exceeds their entitlement) apply to the following Area 2 shellfish stocks: cockle, dredge oyster, deepwater clam, scallop, and kina. Differential deemed values further encourage fishers to hold the ACE necessary for the catch they are likely to take.

29 105 The setting of deemed values takes into account the market value of ACE, the port price and export price for the fish and the sustainability and economic issues relevant in the fishery. Table 14 details the interim, annual and differential deemed value rates that apply to Area 2 shellfish stocks. Table 14 also provides details for deemed values invoiced since the 2002/03 fishing year.

Table 14: Deemed value (DV) rates and deemed value payments from 2002/03 – 2005/06

Interim DV Annual DV Differential Amount of annual Stock ($/kg) ($/kg) (Y/N) DVs invoiced COC2 1.90 3.80 Y - GLM2 0.06 0.12 N 2005/06 - $26.16 HOR2 0.03 0.06 N - KWH2 0.30 0.60 N - OYS2A 4.00 8.00 Y - 2005/06 - $34.20 2004/05 - $214.20 PAD2 0.45 0.90 N 2003/04 - $27.90 2002/03 - $216.90 PPI2 1.10 2.20 N - PZL2 10.00 20.00 Y - SCA2A 3.50 7.00 Y - SCC2A 0.05 0.10 N - SCC2B 0.05 0.10 N - SUR2A 0.85 1.70 Y - SUR2B 0.85 1.70 Y - TUA2 1.25 2.50 N - Surf clams: BYA2 0.21 0.42 N - DAN2 0.21 0.42 N - DSU2 0.21 0.42 N - MDI2 0.78 1.56 N - MMI2 0.906 1.92 N - PDO2 0.72 1.44 N - SAE2 0.51 1.02 N -

106 Thre is no ability to maximize the value of the right for Area 2 shellfish stocks not

managed within the QMS as no tradable right exists.

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107 Revenue to commercial operators is generated through the sale of landed catch either domestically or internationally. Over 95% of all fish caught in New Zealand waters is exported. Lower prices are achieved for bulk commodity products while greater returns are available for fish products that have had more value added processing and are destined for niche markets. There is no domestic price information other than port price.

108 At this time there is no available information for Area 2 shellfish stocks.

30 Protecting Value – Compliance

Compliance Framework 109 Fisheries management objectives are dependent upon high levels of compliance with the sustainability and allocation rules defined in legislation. Key compliance goals are to maximise voluntary compliance and to maintain an effective deterrent.

Compliance and the Fishing Sectors

Commercial sector 110 The commercial fisheries management regime is founded on defined entities that are permitted and registered to allow them access to New Zealand fisheries. Quota management and balancing catch against ACE are based on comprehensive reporting of fishing activities. Records and returns are required to verify authorised fishing and fishing-related activities and transactions. This ensures a focus on all aspects of the supply chain from harvesting to dealers in fish (wholesalers and retailers). Other legislative requirements govern at sea fishing activity, including those aimed at minimising the effect of fishing on the habitat and other species.

111 A high level of responsibility and obligation is imposed on those authorised to access commercial fisheries. MFish expects commercial fishing entities to be informed and to operate in compliance with their obligations. Compliance and enforcement strategies and activities reflect these expectations.

112 MFish compliance and enforcement activities are based on low level monitoring, surveillance, audit, analysis, investigation and prosecution of offences.

Recreational sector 113 Recreational fisheries management is based on open and unlicensed access. This is subject to regulatory restrictions, which include species catch and size limits, area and seasonal closures, and fishing gear and method specifications (catch and size limits associated with Area 2 shellfish stocks are listed in Table 16, page 44). Some of these measures relate to sustainability while others act to restrict conflict between sectors.

114 While recreational fishers are expected to be aware of the fishing regulations, MFish compliance activities include raising awareness of the relevant rules among recreational users. In addition to this, operational compliance activities include land and sea patrols, inspections and prosecution of offences.

Customary sector 115 Customary fisheries management is based on self-governance through a customary permit regime. As noted previously, where the Kaimoana Regulations have been implemented, Tāngata Kaitiaki authorise customary fishing. Where these regulations have not been implemented Regulation 27A applies.

116 MFish support and protect the customary permit regime through compliance activities include checking the validity of authorisations and ensuring that fishers are acting in accordance with the conditions outlined in them.

31 Offence Types 117 An evaluation of offence types, opportunities to offend and their prevalence for Area 2 shellfish fisheries is summarised in Table 15.

Table 15: Evaluation of offences, Area 2 shellfish fisheries Risk Opportunity to offend Prevalence Limited resources for surveillance and inspection of catch landings and transfers Believed to be low given that none of Misreporting (area, in addition to commercial fishing grounds the stocks had shortages of ACE in quantity, species, being located in remote areas allows fishers recent fishing years so there have been weight) to conceal their activity and information no strong incentives to offend. from the fisheries management framework’s reporting requirements. Limited resources for monitoring and surveillance and wide distribution of Common for PAD2, often caught as by fishing grounds allow fishers to evade catch by inshore trawlers, set netters and reporting requirements and conceal damaged by fishing gear. Potential for Dumping and high- discarding. Commercial agreements offending to occur in SUR2A and grading between LFRs, fishing companies and SUR2B but low current prevalence, as in fishing crews can also encourage the other stocks. Many of the stocks discarding (ie. if LFRs or companies refuse covered in this plan are included on to receive small shellfish or if crews are Schedule 6 of the Fisheries Act 1996. required to pay deemed value charges). Accessible fishing grounds distributed over Low, poachers target other species. The a large coastline, limited resources for Poaching and black more accessible stocks that could be at surveillance and inspection and the market trade risk (GLM and SUR), of those included existence of organised black markets allow in this plan, are not abundant. poachers to conceal their activity. ‘Laundering’ of illegally harvested stock is possible as aquaculture is not subject to Aquaculture QMS requirements and marine farms are Low given the low abundance of stocks offences subject to relatively low levels of that could be at risk (ie. GLM). inspection. This also allows offenders to sell undersized wild shellfish. Low, generally good compliance levels Fishers can increase their catch while with existing provisions. The relatively Illegal minimising effort and cost by not low abundance of most shellfish stocks Gear/Method/Size/ complying with certain provisions given (those covered in this plan) does not Area the limited resources available to monitor a make violations to these restrictions large coastline. attractive for fishers. Limited resources for monitoring and Low, good compliance levels with inspection. Relatively low level of administrative provisions and limited Non-harvesting inspection of the retail sector allows incentives for misreporting by LFRs and offences offenders to conceal information from DIFs as there was no significant reporting requirements and to collude with shortage of ACE in any of the stocks offenders that misreport catch. covered in this plan. Accessible fishing grounds distributed over Low given the low abundance of a large coastline, limited resources for shellfish: difficult to reach daily bag Recreational surveillance and inspection and no limits and no minimum length offences reporting requirements make it difficult to restrictions for more popular species monitor compliance with daily bag limits, (COC and SUR) in the area. and size, gear and other restrictions. Accessible fishing grounds distributed over an extensive coastline and limited Customary offences resources for surveillance and inspection Occasional incidents. make it difficult to monitor catch against customary authorisation conditions.

32 Commercial offences 118 Commercial offences can present a significant threat to fisheries management and the aquatic environment because of the high volumes involved and the type of gear used. However, in Area 2 this threat is not as significant because the volumes extracted commercially and the abundance of most of the stocks covered in this plan are marginal in comparison to other areas. As a result of this, the prevalence of commercial offences in general is believed to be low and in some cases it is not known with certainty. Nonetheless, the comparatively small commercial interest for these stocks may also provide an opportunity for the few operators to offend as monitoring of higher interest fisheries in the area is a priority. Commercial offending includes unreported or misreported catch, non-harvesting offences, the use of illegal gear and methods, and violations to size and area restrictions. For the purpose of this plan, poaching also fits

within the description of a commercial offence.

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119 Misreporting occurs when incorrect weights, quantities, species or areas are reported. Opportunities for misreporting arise from the limited resources for surveillance and inspection and fishers being able to conceal information when reporting their activity, which can occur anywhere along the extensive coastline of the East Coast of the North Island. For those species in the QMS, the primary motive behind this type of offence comes from minimising the use of ACE and related deemed value charges. The incentives for this behaviour become greater as ACE availability decreases. ACE shortages can result from TACC overruns or the ACE market not functioning efficiently. None of the stocks covered in this plan have presented TACC overruns or evident signs of inefficiency in ACE markets therefore there have been no strong

incentives for these offences to occur. The prevalence of these is therefore believed to be low.

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120 Non-reporting offences attempt to completely circumvent the QMS reporting requirements. These offences allow fishers to increase their income by either avoiding QMS related expenses or maximising the value of their landed catch through ‘high-grading’. Opportunities for non-reporting offences arise from the difficulty involved in detecting them and the limited resources available for monitoring and inspection of fishing activities that can potentially occur anywhere along a large coastline.

a) Dumping of QMS species is prohibited under Section 72 of the Fisheries Act 1996. Schedule 6 of the Act lists stocks that are excluded, given certain requirements, from this prohibition. Various stocks covered in this plan are included in this list. If individuals from stocks that are not included in Schedule 6, such as SUR or PAD, are returned to sea and are not counted off ACE, an offence would be committed. Small or damaged shellfish are often discarded as these are of low, if any, market value. PAD is known to be discarded from inshore trawlers and by set netters as it is often caught as by catch and damaged by fishing gear. Undue commercial arrangements between LFRs, fishing companies and fishing crews can also encourage dumping, such as when LFRs or companies refuse to accept smalls shellfish or when crews are forced to pay deemed value charges. There could potentially be high-grading of SUR as the fishery is developing commercially and quality is essential for commercialisation. Regardless of this, the prevalence of this offence for SUR and the other stocks, aside from PAD, is believed to be low at present. Many of these shellfish stocks are rarely caught as by catch and, as mentioned above, several are included in Schedule 6.

33 b) Poaching is the unauthorised taking of shellfish for illegitimate commercial purposes and usually involves high value species or closed areas. On the East Coast of the North Island there are opportunities for poaching to occur due to the remote locations of fishing grounds, existence of organised black markets and the limited resources for surveillance and inspection. Regardless of these, none of the stocks included in this plan are considered to be at a high risk of poaching as the abundance of stocks in accessible habitat ranges is low. This threat is significant for other species not covered in this plan, such as paua and rock lobster. c) Aquaculture also provides an opportunity for non-reporting to occur through the ‘laundering’ of illegally harvested wild shellfish. This opportunity arises from aquaculture stocks not being subject to many of the requirements of the QMS and fish farms being subject to relatively low levels of inspection. In some cases, aquaculture offences also provide an opportunity to sell undersized wild stock. Any species that are currently farmed, such as mussels, can potentially be affected by this type of offence. In spite of this, these offences are not believed to affect any of the stocks included in this plan in particular due to the limited

abundance of those stocks that could be affected.

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121 The use of illegal gear and methods, and violations to size and area restrictions can raise the productivity of fishers, increasing their catch while minimising effort and costs. These restrictions are put in place for sustainability reasons, to protect the habitat and associated species, or to reduce conflict with other sectors. Fishers have the opportunity to offend mainly due to the limited resources available to monitor the extensive coastline. Regardless of these, violations to these restrictions are not considered to be prevalent in any of the stocks covered in this plan because of the low abundance of most shellfish stocks (those covered in this plan).

Isolated incidents do occur occasionally though.

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122 There is a range of administrative requirements that commercial fishers have to comply with. These include having a valid and current fishing permit and vessel registration, and being able to produce documents that prove this when required to. Vessels are required to be marked in a particular way to allow quick identification by compliance staff. In some cases it is also a requirement to have an automatic location communicator (ALC) installed and operating on- board vessels to make them compatible with the Vessel Monitoring System (VMS). All vessels fishing for PZL for instance, are required to operate an ALC. This requirement is in place because the use of an underwater breathing apparatus is allowed when fishing for PZL but not for other species. Besides aiding enforcement activities, these provisions allow and clarify access to the fishery. For this reason, violations to some of these administrative provisions are considered to be significant offences and are not common on the East Coast.

123 Non-harvesting offences also occur further down the supply chain and attempt to conceal information from the fisheries management framework’s reporting requirements. LFRs and DIFs have the potential to obscure the true quantities involved during the landing, processing and distribution of shellfish to the final point of sale by misreporting. Limited resources for monitoring and surveillance of catch landings and transfers and the relatively low levels of inspection that the retail sector is subject to allow individuals to conceal information. However, as described above, there are no major incentives for misreporting in any of the stocks covered in this plan because none presented significant ACE shortages therefore this is not believed to be a common offence.

34 Recreational offences 124 These offences relate to recreational fishers contravening the regulations associated with their prescribed allocations. Although the quantity involved in a single recreational offence is typically much smaller than its commercial counterpart, the potential to negatively impact the fishery remains if the behaviour becomes rampant. Recreational offences can affect subtidal stocks and intertidal stocks gathered by hand in particular due to their accessibility. Common offences of this nature include catching:

a) in excess of assigned bag limits; b) below the MLS; c) in a closed area; and d) using illegal methods and gear.

125 Along the East Coast there are opportunities for recreational offending to occur due to the remoteness of some locations on the large coastline, limited resources for surveillance and inspection, and in various locations, accessibility to fishing grounds that are close to populated areas. The lack of reporting requirements for the recreational sector also creates an opportunity for recreational offences to occur. Incentives for recreational offending include socioeconomic drivers and strong opposing personal views on fishing regulations. These intangible factors make it difficult to forecast the level of compliance.

126 Most of the shellfish stocks covered in this plan are not abundant so the prevalence of recreational offences is generally low. It is hard to reach daily bag limits and the more popular recreational fisheries, COC and SUR, do not have minimum length restrictions.

Customary offences 127 These occur when the authorisation is not legal or when the taking contravenes the conditions of the authorisation. The presence of high value species of customary importance, accessibility to fishing grounds (particularly intertidal stocks), a long coastline, existing black markets and difficulty in checking permit conditions against catch create opportunities for offending to occur as it is difficult to check catch against customary authorisation conditions.

128 The remote location of some East Coast fishing grounds and the limited resources available for monitoring increase these opportunities. Despite the high cultural importance that shellfish species have there is no particular stock which is considered to be at a high risk of customary offences. Prevalence of these is restricted to occasional incidents.

Information and Education 129 MFish undertakes a number of activities to enhance fishers’ knowledge of fishing legislation, the reasons for this legislation, and what consequences may arise from breaching it. MFish strongly believes better knowledge and understanding by fishers is an important step towards the goal of maximising voluntary compliance.

130 The key means with which to maximise compliance is to ensure stakeholders are aware of the purpose for the specific legislative requirements, their implications and how these support the stocks’ sustainability and their access to them. MFish places emphasis on providing information and involving stakeholders in the development of management measures and decision making. On the East Coast, some of the activities that are currently in place for this purpose include the following:

35 General activities • Fishery Officer and Honorary Fishery Officer interactions with fishers • Stakeholder consultation and meetings • Participation in community meetings • Media releases • School programmes • Displays at boat shows • On site signage at as many main fishing areas as possible • Ministry of Fisheries website

Commercial activities • Displays at trade shows • Support of industry bodies (i.e. SeaFIC) • Liaison with FishServe

Recreational activities • 0800 4 RULES phone line for information about rules of fishing • Recreational Fisher’s Handbook, outlining legislative requirements

Customary activities • Development of Tāngata whenua customary packages • Distribution of specific brochures dealing with:
Section 186A of the Fisheries Act 1996
Interim Rules for Customary Fishing
Fisheries (Kaimoana Customary Fishing) Regulations 1998
Mataitai Reserves
Taiapure-local fishery • Appointment and training of Tāngata Tiaki/Kaitiaki for rohe moana • Meetings with iwi groups • Pou Hononga and Pou Takawaenga Teams to both assist iwi in interpreting MFish information and decisions, and to help formulate feedback into the consultative process. These teams also assist the Ministry to engage more effectively with tāngata whenua • Encouraging uptake of Kaimoana Regulations and development of iwi forum.

Effective Deterrent

Monitoring and Surveillance 131 MFish carries out monitoring and surveillance across the three sectors to ensure people operate in accord with the legislative requirements that govern their access to the fishery and their activity.

36

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132 MFish’s monitoring services are aimed at ensuring optimal levels of compliance by providing a system of checks and balances throughout the supply chain. The permit process and regular monitoring allows for the clear identification of those with a commercial access right. Reporting and record-keeping requirements place a high level of responsibility on the commercial sector and are an essential part of MFish’s monitoring efforts. These requirements are imposed at various levels of the supply chain, which provides monitoring to allow comparison of multiple sources of information to identify what actually occurs, who is involved and to help identify where offending is or could be occurring.

133 At the harvesting level, Catch Effort & Landing Returns (CELR), Catch Landing Returns (CLR) and Monthly Harvest Returns (MHR) are utilised to monitor fishing activity. The reporting process follows through to the next level of the supply chain with the Licensed Fish Receiver Returns (LFRR) that details the source, type and quantity of fish received.

134 Recordkeeping is also critical to the integrity of the QMS and is an obligation under the Fisheries (Recordkeeping) Regulations 1990 for commercial fishers, LFRs, DIFs, and registered fish farmers. The auditing and analysis of these records in association with catch and processing returns allows MFish to account for and track the movement of fish, shellfish and marine life. This required record keeping allows MFish to identify problems that require further analysis or discussion with a fisher, processor or DIF.

135 At sea surveillance and land based monitoring occurs randomly and within targeted operations. Land and sea based activities are often used to combat poaching and black market trade. Inspections may lead to more detailed monitoring and surveillance that may be carried out at sea, at harvesting areas or at the facilities of processors and DIFs, such as restaurants. These verify that fishers are acting within the commercial fishing legislation, and assist in identifying those that are not. Additionally, aerial and surface surveillance and VMS are also essential for detecting potential offending that cannot be detected from other sources of information. This is supplemented with reports from the public. All this information is then

analysed to inform the compliance responses needed.

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136 The restrictions on recreational fishers (including leisure fishers, recreational charter boats, game fishers and divers) are minimal. To maximise compliance within the recreational sector, Fishery Officers carry out monitoring of fishing area restrictions, for seasonal or area closures for example. During these patrols Fishery Officers also monitor the species, sizes and quantities of fish, shellfish or aquatic life caught, and the fishing gear used. Fishery Officer inspections may take place on board vessels, at boat ramps, or along beaches and coasts. Surface surveillance is also an important element in the detection of potential offences.

137 In addition, Honorary Fishery Officers help increase the visibility of the Ministry amongst recreational fishers while also providing monitoring services and raising awareness

about the relevant rules.

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138 Monitoring of customary fishing is done in conjunction with recreational efforts. Additional emphasis is placed on inspecting the validity of the authorisation and that fishers are acting in accordance with its conditions. These conditions may include size and quantity limits and fishing method restrictions. Inspections of shellfish taken from taiapure and mätaitai areas are also carried out by Fishery Officers to ensure compliance with customary regulations.

37 139 MFish compliance activities enforce the conditions imposed in the issued authorisation. Operational compliance and enforcement activities include support to those involved in the issue of customary fishing authorisations, initiatives to raise awareness, patrols, inspections and prosecution of those operating contrary to the conditions of authorisations.

Deterrence 140 MFish also uses strong deterrents to promote its goal of maximising voluntary compliance. The Ministry analyses information and undertakes investigations where monitoring, surveillance and intelligence identify potential offending. The Ministry carries out more specific and focused monitoring and surveillance to support investigations of potential or detected offending. These investigations, along with other enforcement activities, can lead to the prosecution of alleged offenders and feed back into targeted monitoring.

141 When found in possession of three times or above their daily bag limit, recreational offenders are considered to be operating more as commercial fishers and hence commercial offences apply. Minor breaches, on the other hand, can result in an infringement notice or a verbal warning that is also intended to improve the fisher’s awareness of regulations.

142 Convictions can result in substantial financial penalties that reflect the difficulties associated with the detection of breaches. The severity of these penalties depends on the gravity of the offence in terms of its impact on the fisheries management framework, the rights of other users and the fishstocks. Penalty levels will differ depending on the sector and the severity of the breach. These include:

a) forfeiture of property such as boats, gear, or any related thing believed to have been or is intended to be used in a breach of legislation; b) forfeiture of quota or possible imprisonment (may result from commercial offences); c) forfeiture of catch; d) monetary fines.

CREDIBLE FISHERIES MANAGEMENT

143 Credible fisheries management is management that is lawful, is understood by tāngata whenua and fisheries stakeholders, and achieves desired results. Of key importance are well- defined objectives, clear links between the objectives and the services applied, and reporting on performance against objectives. Important also is tāngata whenua and stakeholder input into fisheries management processes.

144 This sub-section presents current information on:

♦ objective-based management of Area 2 shellfish fisheries ♦ tāngata whenua input and participation into managing Area 2 shellfish fisheries ♦ stakeholder engagement on managing Area 2 shellfish fisheries ♦ monitoring and reporting on performance of Area 2 shellfish fisheries.

38 Objective-based Management

145 Fisheries plans are the primary tool used to achieve objective-based management in New Zealand fisheries. The key elements of the fisheries plan process are: ♦ setting standards ♦ working with stakeholders to determine fishery-specific objectives ♦ using risk assessment to identify management issues, and cost and benefit analysis to evaluate alternative implementation strategies ♦ specifying management measures and fisheries services ♦ prioritising allocation of resources ♦ monitoring and reporting on fisheries management performance.

146 Currently the Area 2 Shellfish Fisheries Plan is incomplete; objective setting and subsequent elements have not yet been completed. No other document describes objectives for Area 2 shellfish fisheries. Instead, a range of other documents set requirements and desired outcomes for fisheries generally (for example, the 1996 Act and MFish’s Statement of Intent) or include topic-specific objectives for individual stocks (for example the Shellfish Medium- term Research Plan).

Input and Participation by Tāngata Whenua

147 MFish has an obligation to provide for the input and participation of tāngata whenua in fisheries. MFish currently provides for input and participation on a number of different levels, including:

♦ By giving effect to the Kaimoana Regulations, which enable tāngata whenua to appoint Tāngata Kaitiaki to manage customary fishing of fishstocks ♦ By establishing and supporting regional iwi forums, which provide a place for iwi and MFish to share information to inform decision making on management of fishstocks ♦ By ensuring obligations set out in individual historic settlement legislation and deeds of settlement are met with respect to fisheries.

148 In addition, tāngata whenua input and participation into management of Area 2 shellfish fisheries specifically is provided through the process being used to develop this fisheries plan.

Giving effect to customary fishing regulations

149 Tāngata Kaitiaki manage customary fishing (including customary fishing of Area 2 shellfish stocks) in over 60% of nearshore Area 2 (refer Figure 6, page 20). MFish supports Tāngata Kaitiaki by providing education on the Kaimoana Regulations and associated processes, sharing information on fishstocks, and actively protecting the integrity of the customary permit regime. MFish also educates other fishery participants about the Kaimoana Regulations.

150 In areas where the Kaimoana Regulations do not currently apply, MFish educates Maori about the Tāngata Kaitiaki appointment processes, engages dispute resolution where necessary, and processes appointment applications.

39 Establishing and supporting regional iwi forums

151 MFish currently supports one established and two developing forums that bring together coastal iwi/hapu within Area 2 to discuss management of Area 2 fisheries (including Area 2 shellfish fisheries):

♦ Te Kupenga Whiturauroa a Maui (established), which includes hapu of Ngati Kahungungu and covers the area from Mahia to Turakarei Heads ♦ Turanganui A Kiwa (developing), which covers Gisborne and surrounds ♦ An unnamed forum (developing), which covers Wellington and surrounds.

152 MFish consults with iwi/hapu that do not currently belong to a forum on management proposals relating to Area 2 shellfish fisheries.

Historic settlement legislation/deeds of settlement

153 Currently there are no individual settlements (historic settlement legislation or deeds of settlement) with coastal tāngata whenua in Area 2.

Engagement with Stakeholders

154 Stakeholder involvement in fisheries management is important because involvement ensures decisions are informed by stakeholder information, increases stakeholder understanding of decisions, and increases the willingness of stakeholders to commit to the actions and strategies put in place.

Engagement with recreational stakeholders

155 Currently, the primary mechanisms for engaging with recreational fishers on Area 2 shellfish fisheries are consultation processes and recreational forums.

156 MFish consults with recreational fishers on all proposals relating to Area 2 shellfish fisheries that affect recreational fishing interests. Consultation takes place with fishing, diving, and boating clubs and with individuals that have registered their interest.

157 In addition, MFish supports two recreational forums that encompass parts of Area 2:

♦ the North Island South East (NISE) Recreational Fishing Forum, which encompasses East Cape, Poverty Bay, Hawke Bay, and the Wairarapa ♦ the North Island South West (NISW) Recreational Fishing Forum, which encompasses Wellington and the southern west coast of the North Island.

158 The forums bring together nominated recreational fishers to discuss fisheries (including Area 2 shellfish fisheries) matters of interest to recreational fishers.

Engagement with commercial stakeholders

159 Currently, the primary mechanisms for engaging with commercial fishers on Area 2 shellfish fisheries are consultation processes and working group processes.

160 MFish consults with commercial fishers on all proposals relating to Area 2 shellfish fisheries that potentially affect commercial fishing interests. Consultation takes place with

40 quota owners and ACE fishers of shellfish plan fishstocks, and individuals and organisations that have registered their interest.

161 Commercial stakeholders also regularly participate in MFish fisheries management processes such as science working groups and research planning groups.

Engagement with environmental stakeholders

162 Currently, the primary mechanism for engaging with environmental stakeholders is consultation processes. Engagement takes place with organisations such as Forest & Bird Society, World Wildlife Fund, Greenpeace and local environmental groups. Input is also sought from the Department of Conservation, regional and territorial councils, and marine scientists where appropriate.

Monitoring and Reporting on Performance

163 Current monitoring of the performance of Area 2 shellfish fisheries relates to status in relation to target biomass (refer Table 5) and general socio-economic indicators where available (refer Best Value Able to Be Realised subsection).

164 This information is reported on the MFish website ( www.fish.govt.nz ) and in the annual MFish Fishery Assessment Plenary .

41 FISHERIES SERVICES

165 This sub-section provides information on the range of approved services currently applied to Area 2 shellfish fisheries based on the following categories:

♦ Category 1: Support Services . These services exist because New Zealand has a fisheries management system; eg, legal system, Ministerial servicing, permitting regime, fishing vessel registry, etc. These are generic services that support fisheries in New Zealand, and are not described in this fisheries plan (they will be described elsewhere, and will be available to each fisheries plan). Although they may change over time, they cannot be changed by any one fisheries plan.

♦ Category 2: Capacity and General Services . These services apply to an area or group of fisheries. They promote the smooth operation of the management system and are not directed to any one fishery; for example, most policy projects, most compliance resources, the majority of environmental impacts of fishing research, and the reporting regime. Category 2 services are only described where fishery-specific adaptation might be appropriate to make improvements (eg, alter reporting requirements for a particular fishery or research bycatch avoidance effectiveness of certain gear).

♦ Category 3: Fishery-specific Services. These services are for the particular benefit of an identified fishery; eg, observers, fishery-specific regulations, additional and directed compliance effort, stock assessment research, etc. Fisheries plans must comprehensively address these services.

166 The tables on the following pages set out information on:

♦ Legislative measures ♦ General MFish services ♦ Specific services that will be delivered over the coming fishing year (2007/08)

167 Tāngata whenua and stakeholders also provided voluntary services to fisheries. MFish will work with tāngata whenua and stakeholders to identify any services they provided to Area 2 shellfish stocks.

42 Table 16: Legislative measures applying to Area 2 shellfish stocks

Date of Still Regulation FMA Species Regulation Sector Purpose introduction relevant?

Fisheries All Cockle, kina, The maximum number of shellfish that may be taken or Amateur At least 1986 Environment (Amateur mussel, dredge, possessed by a person on any day is: cockles (150), kina (50), protected Fishing) pacific and rock mussels (50), dredge oysters (50), Pacific or rock oysters Regulations oysters, pipi, (250), pipi (150), scallops (20), tuatua (50), ‘other’ (50). 1986 scallop, tuatua and ‘other’ All Scallop The minimum legal size (MLS) for scallops is 100mm length. Amateur At least 1986 Environment protected

All Dredge oyster A person must not take or possess any dredge oyster that can Amateur At least 1986 Environment be passed through a rigid circular metal ring having a clear protected inside diameter of 58mm. All Dredge oyster, A person may take an extra 1 or 2 bag limits of dredge oyster Amateur 16-Dec-05 Best value scallop or scallop if there are 1 or 2 safety persons on board the vessel realised from which the dredge oysters or scallop are being taken.

All All species to No person may possess seaward of the mean high-water mark, Amateur At least 1986 Best value

which a MLS or land from a vessel, any shellfish to which a MLS restriction realised applies applies in such a state that it cannot be measured. This does not apply to possession of dredge oysters or scallops on board a fishing vessel for consumption.

All Toheroa A person must not take, possess, or disturb toheroa. Amateur At least 1986 Environment protected

All Oyster species No person shall open any oyster while it adheres to the object Amateur At least 1986 Environment or other oyster on which it grew or discard the shell of the protected oyster on or near such object or other oyster. All Scallop No person shall take or possess any scallops taken between Amateur At least 1986 Environment the 15th day of February and the 14th day of July in the same protected year.

43 Date of Still Regulation FMA Species Regulation Sector Purpose introduction relevant?

All Scallop In the case of any person charged with taking or being in Amateur At least 1986 Best value possession of scallops during a closed season, it is a defence if realised that person satisfies the court that the scallops were washed ashore. All Scallop, Dredge Commercial fishers must not take or possess species of Commercial At least 1986 Environment oyster shellfish if the shell, whether entire, chipped, or broken, is less protected than the MLS specified for that species: scallops (100mm); dredge oysters that pass through a 58mm circular ring. Fisheries All All species Commercial fishers taking or possessing shellfish must ensure Commercial At least 1986 Best value (Commercial that they remain unshelled until they are delivered either to the realised Fishing) first point of sale after being taken or to a processing factory. Regulations All All species Commercial fishers or persons engaged in the business of fish Commercial At least 1986 Health & 2001 processing must not land or begin shelling, shucking, or Safety? processing dead shellfish.

All Scallop Commercial fishers must not take or possess scallops taken Commercial At least 1986 Environment between 15 February and 14 July in any year. protected All Toheroa Commercial fishers must not take or possess toheroa, and no Commercial At least 1986 Environment person may sell, or possess for sale, or process for sale protected toheroa. All All species except Except as provided in regulations 76A and 77 commercial Commercial At least 1986 Environment deepwater clam fishers must not: use or have underwater breathing apparatus protected when taking fish, aquatic life or seaweed; have UBA while in possession of fish, aquatic life or seaweed; or have UBA on board NZ fishing vessels of foreign-owned NZ fishing vessels.

44 Date of Still Regulation FMA Species Regulation Sector Purpose introduction relevant?

All Deepwater clam If a commercial fisher is carrying and operating an automatic Commercial 1-Oct-06 Best value location communicator on board a NZ fishing vessel that is realised being used for fishing for deepwater clam, the commercial fisher may: use or have UBA when taking deepwater clam; have UBA while in possession of deepwater clam; have UBA on board the vessel for the purpose of taking deepwater clam. All All species Commercial fishers must not use for fishing, or have on board Commercial At least 1986 Best value a fishing vessel…static fishing gear without surface floats at realised each end. Each surface float must be clearly, permanently and legibly marked with the registration number of the fishing vessel from which is was or will be set, or is being transported. All Cockles, kina, The operator, notified user, or master of a NZ fishing vessel Commercial At least 1986 Best value mussels (green, must ensure that all cockles, kina, mussels (green, blue or realised blue or horse), horse), octopus, pipi, oyster (dredge, Pacific or rock), scallop, octopus, pipi, tuatua landed from the vessel or transferred to another vessel oyster (dredge, are held in containers that are clearly labelled on the outside Pacific or rock), with: name and no. of vessel; date on which shellfish were scallop, tuatua taken; area from which they were taken; signature of operator, notified user or master, client number and name or permit holder. All Cockles, kina, A fishing permit holder who operates otherwise than from a Commercial At least 1986 Best value mussels (green, registered vessel must ensure that all cockles, kina, mussels realised blue or horse), (green, blue or horse), octopus, pipi, oyster (dredge, Pacific or octopus, pipi, rock), scallop, tuatua, that are taken are held in containers that oyster (dredge, are labelled on the outside with: permit holder's initials, name Pacific or rock), and permit number; date on which shellfish were taken; area scallop, tuatua from which shellfish were taken; and signature. All All species Commercial fishers must not use (a) more than 1 dredge with Commercial At least 1986 Environment a bar or bit that is more than 2.5m long; or (b) more than 2 protected dredges, either of which has a bar or bit that is more than 1.4m long.

45 Date of Still Regulation FMA Species Regulation Sector Purpose introduction relevant?

Schedule 4C Various Blue mussel, Stocks and species subject to section 93 permit moratorium. Commercial 1/10/2004 Environment of the 1996 mudsnail protected Act Schedule 5 of All Surf clams, Species in respect of which person may own no more than Commercial 1/04/2007 Best value 1996 Act deepwater clam, 45% of the combined TACCs for NZ fisheries waters. realised horse mussel, knobbed whelk Schedule 6 of Various Green-lipped Stocks subject to the QMS that may be returned to the sea or Commercial Various Environment 1996 Act mussel, cockle, other waters in accordance with stated requirements. protected / scallop, pipi, surf Best value clam, knobbed realised whelk, dredge oyster, sea cucumber Animal All All species of These regulations impose a regulated control scheme in Commercial 1-Jun-06 Health & Products bivalves relation to bivalve molluscan shellfish intended for human Safety (Regulated consumption. Control Scheme - Bivalve Molluscan Shellfish) Regulations 2006 Fisheries 2 & 8 All species Commercial fishers are prohibited from fishing in 3 areas Commercial At least 1986 (Central Area around Mahia, an area around Waimarama, and an area Commercial around Bare Island Fishing) 2 Mussel (green, Commercial fishers are prohibited from taking any mussels Commercial At least 1986 Regulations blue or horse) from those waters below the mean high-water mark between 1986 Cape Runaway and Blackhead Lighthouse, or from the waters within 1000 metres of Portland Island or East Island 2 All shellfish Taking of shellfish (except rock lobsters and crabs) prohibited Commercial At least 1986 species, except from Wellington Harbour. paddle crab

46 Date of Still Regulation FMA Species Regulation Sector Purpose introduction relevant?

2 All shellfish Shellfish taking (except rock lobster) prohibited from the area Commercial At least 1986 species below the mean high-water mark between Paretu and the mouth of the Nuhaka River, or from within 2 miles of Mahia Peninsula and Portland Island 2 & 8 Mussel, cockle, Taking of mussels, cockles, or pipis prohibited between the Commercial At least 1986 pipi Waikanae River mouth and Turakirae Head, including the water within 2 nautical miles of Mana and Kapiti islands 2 & 8 Kina Kina harvesting prohibited from: Paraparaumu Beach to Commercial At least 1986 Porirua Harbour; Porirua Harbour to Rock Point; Red Rocks to Baring Head 2 & 8 Kina Taking kina prohibited from the waters between the south Commercial 1 November bank of the Tukituki River and the mouth of the Waipuku 1989 Stream. 2 & 8 Kina Commercial kina harvesting prohibited by any means other Commercial 1 November Environment than hand-gathering. 1989 protected 2 & 8 Paddle crab Taking paddle crab that is carrying any external eggs or from Commercial 1 November Environment which any of the external eggs have been removed by 1989 protected artificial means prohibited 2 & 8 Octopus Fishing for any octopus by any means other than use of a pot Commercial 1 November Environment prohibited. 1989 protected 2 & 8 All species Dredging prohibited unless that method is specifically Commercial 1 November Environment authorised by a fishing permit held by that commercial fisher. 1989 protected 2 & 8 Kina Overfishing threshold for SUR2A and SUR2B of 5% in Commercial 1 October Best value excess of a fisher’s ACE holdings and a tolerance level of 2003 realised 25kg

47 Table 17: Generic MFish services applying to Area 2 shellfish stocks. MFish Business Service Description Why its relevant to this fishery Cost Effort Outcome Category Group Education Development and distribution of Information produced for Central Credible fisheries 2 educational products for Region . management recreational fishers, including, signs and brochures, that promote Participation in community events such information on rules and as boat shows/school visits guidelines for measuring and handling fish Monitoring and Compliance monitoring and
Vessel and landing inspections Credible fisheries 2/3 Compliance surveillance enforcement to ensure regulations
LFR and DIF inspections management/Envir in place are adhered to and to
Non-commercial patrols onment Protected provide passive deterrence. Enforcement Active deterrence, investigations
Issue of warnings and infringement Environment 2/3 and application of penalties when notices protected/Credible As above offences have been detected
Forfeiture of catch and equipment fisheries
Investigations and prosecutions management
Poaching and black market initiatives

Data Management of fisheries Informs understanding and management Credible fisheries 2 Fisheries Management information, includes design of of fisheries, including Area 2 shellfish management/Envir Information commercial forms and data access fisheries. onment Protected systems Observer Agreed observer days in FMA2 There is no DOC observer days Environment 3 coverage scheduled for Area 2 shellfish fisheries. protected Stock Research that contributes to stock Relate specifically to the stocks in the Environment 3 monitoring assessment fisheries plan protected/Best value realised

48 MFish Business Service Description Why its relevant to this fishery Cost Effort Outcome Category Group Environmental Research relating to the impact of Research into Hector’s dolphins – Environment 2 impacts research fishing on the environment and unlikely to, but may have impact on protected associated and dependent species regulations in Area 2 shellfish fisheries Ascertaining the role of different and the environmental restrictions Biodiversity organisms and habitats in currently in place research maintaining the health and sustainability of the NZ aquatic environment Fisheries On going work delivered by the Some of this work is directly applicable Credible fisheries 2/3 management Inshore team to support fisheries to management of Area 2 shellfish management/Best fisheries (category 3): value realised • Statutory processes • Ministerial servicing • General monitoring and review Other aspects of this work do not directly relate to management of Area 2 shellfish fisheries but still contributes to it (Category 2): • Iwi and recreational forums Objectives Working with stakeholders to Area 2 shellfish fisheries benefit from Environment 2/3 Fisheries based fisheries develop fisheries plans in order to this approach although purpose of the protected/credible Operations management better define what we want to service is for fisheries management as a fisheries through achieve from fisheries and to whole management fisheries plans clearly link the management interventions and services to these objectives. Includes development of standards. Deed of To provide for Maori to Benefits customary fishers in Area 2 and Best value realised 2 settlement participate in fisheries provides greater clarity for other /Credible fisheries implementation management processes stakeholders management MPA In collaboration with DOC, No MPA processes being undertaken in Environment development MFish will deliver process for Area 2 in 2007/08 protected 2 establishing a network of MPAs around New Zealand

49 Table 18: Fishery-specific MFish services applying to Area 2 shellfish stocks.

Service Description Outcome Timeframe Category

Fisheries Review of management framework for paddle crab – specifically, whether to provide for return Best Value Realised Jul-Oct 2007 3 Management to sea

50 Section 2: Management Objectives

168 This section will describe the outcome of MFish’s work to clarify what stakeholders want out of the fishery, and where they each want the fishery to be in the future.

169 MFish will do its best to help the different parties reach common ground. However, sometimes parties’ views cannot be reconciled. In such cases, the Government (Minister of Fisheries) must step in and make a decision. Section 3: Assessment and Risk Analysis

170 This section will cover how well the existing management framework meets the objectives and standards of the fisheries plan (eg, fisheries sustainability and environmental effects of fishing). Section 4: Management Measures and Operational Plan

171 This section will describe the management measures that will deliver objectives and standards in the most efficient and cost-effective way. Where possible, stakeholders will be allowed discretion and flexibility around how and when they harvest seafood, as well as encouraging voluntary compliance.

172 The approved final plan will include the specific responsibilities for implementation, contingency strategies (where necessary), performance measures, and monitoring of the fishery. Section 5: Monitoring and Review of the Operational Plan

173 This section will describe the outcome of a formal review of the fisheries plan conducted at an appropriate time in the future. The government, collaboratively with tāngata whenua and stakeholders, will update the current situation taking into account results of standards monitoring, the appropriateness of management objectives and reassessment of the fishery. The update will include new management measures and an operational plan for the next five years. ANNEX 1

OVERVIEW OF AREA 2 SHELLFISH PLAN SPECIES

Kina (sea urchin) are very common in shallow (down to 10 metres) coastal waters throughout New Zealand. Kina are found on reef areas, usually close to seaweed stands, and are generally absent on sandy exposed beaches. Hand-gathering by free diving is the predominant method for harvesting kina.

Paddle Crabs are found off sandy beaches, and in harbours and estuaries. They are abundant from the intertidal zone to at least 10 m depth, although they do occur in much deeper water.

Green-lipped mussels are generally found on the lower shore and open coast down to depths of 50 metres. Historically, adult mussels were commercially hand-gathered but this fishery has declined and it is not now thought to be commercially viable. No commercial fishery exists for the species in the area covered by this plan. Green-lipped mussels are an important recreational species and are very important to Maori. They are generally gathered on exposed shores by hand at low tide. Pipi inhabit coarse shell sand in bays and at the mouths of estuaries where silt has been removed by waves and currents. They are found intertidally and subtidally to water depths of at least 7 m.

Cockles are found in soft mud to fine sand on protected beaches and enclosed shores and they may extend to 20m depth in some places.

Toheroa are found intertidally on beaches.

Surf clams (MMI MDI SAE PDO DSU BYA DAN) include seven biologically distinct species, each of which has a separate TAC. They are found in, and immediately beyond, the surf zone of exposed sandy beaches and are distributed down to depths of 10 metres, though this varies between species and between locations.

1 Horse mussels are very important as providers of habitat for other marine species. Due to their large size, they provide shelter and refuge for small invertebrates and fish and favourable conditions for worms. They also act as substrata for settlement of sponges and soft corals, thus enhancing the biodiversity of the seabed. Horse mussels have brittle shells which are vulnerable to damage by bottom trawl and by dredge.

Oysters are sedentary, long lived, slow growing in some areas, brood relatively few larvae that usually do not disperse widely, and may have high post-settlement mortality. Populations outside established commercial fishery areas are likely to be in small and localised areas. All these traits suggest that the species is vulnerable to over-fishing.

Scallops are found in a variety of coastal and intertidal habitats, but particularly in semi-enclosed areas where circulating currents are thought to retain larvae. For biological reasons, annual recruitment, mortality and growth rates are all highly variable which means that scallop populations can change markedly from one year to the next. The main fishing method is dredging although some are also taken by diving and hand-gathering.

Tuatua are found on sandy and soft-bottom habitats in the intertidal and upper subtidal zones. Tuatua commonly occurs in areas mixed with other surf clam species. Tuatua are an important food source for harbour and estuarine fish (particularly juvenile fish), crabs, and seabirds. Tuatua are also likely to play an important role in stabilising sandy beaches and banks by reducing the transport of finer sediment material. The species may also assist in maintaining water quality through their filter-feeding activity populations occurs.

KWH Knobbed whelks are scavengers that bury themselves in the substrate when not feeding. They are found on sand, silt and mud from low water to depths of around 600 metres. Baited whelk pots are used to target them.

Deepwater Clam (Geoduc or King Clam) occur mainly in depths of 5- 25 metres in sand and mud off sandy ocean beaches. They are deep- burrowing filter feeding bivalves, living buried up to 40cm in the sand. Deepwater clams are broadcast spawners.

Harvest is generally by UBA and water jets. If displaced deepwater clam cannot re-imbed themselves.

Octopus are found in depths of low water to 400 metres. In New Zealand waters there are thirty nine known species. Octopuses are landed solely as a bycatch from other fisheries. They are mainly caught by bottom trawling and in rock lobster and blue cod pots.

2 Sea Cucumbers belong to the class Holothuroidea . In New Zealand, there are about 49 described species of sea cucumber. Stichopus mollis is the only species that appears to be relatively robust and able to cope with the conditions encountered in dredge and trawl fishing operations. They are found sub-tidally in shallow water between 5 and 40m on a wide range of habitats from rocky shores to sandy bottoms.

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