BEFORE THE NORTHLAND REGIONAL COUNCIL Under The Resource Management Act 1991 And In the matter of The Proposed Regional Plan for Northland Statement of evidence of Clinton Anthony John Duffy on behalf of the Minister of Conservation Dated 10 August 2018 Department of Conservation P O Box 10 420 WELLINGTON Solicitors acting: May Downing/Katherine Anton Telephone: 027 564 1428 Email: [email protected] 1 Introduction 1. My full name is Clinton Anthony John Duffy. 2. I am employed by the Department of Conservation (DOC), Marine Ecosystems Team as a Technical Advisor - Marine. I have worked for Department of Conservation since June 1989. I have 29 years’ experience in coastal and marine management, policy and research. I was employed by the Nelson/Marlborough Conservancy, DOC, to lead a dive survey of the Marlborough Sounds in 1989 and have held a variety of marine and marine and freshwater technical support and scientific positions within DOC since then. I am a member of the New Zealand Marine Sciences Society, the International Union for the Conservation of Nature (IUCN) Shark Specialist Group – Australia and Oceania, and the Oceania Chondrichthyan Society. I am also a Marine Associate of the Auckland War Memorial Museum and an expert reviewer for Marine Conservation Action Fund, New England Aquarium. I have authored or co-authored more than 70 scientific papers and reports on aspects of marine species biology, marine ecology and biogeography, and marine protected areas. 3. My qualifications are an M.Sc. (Hons) in Zoology from the University of Canterbury, Christchurch, New Zealand (1990). I am currently enrolled as a Ph.D. student (part-time) in the Institute of Marine Science, University of Auckland. 4. My role (Technical Advisor – Marine) includes assessment of resource consent applications for activities within the Coastal Marine Area and Exclusive Economic Zone; assessment of marine reserve permit applications; review of research and funding proposals; research contract supervision; provision of technical support to DOC operations staff and external groups (e.g. Foundation North; Tai Timu Tai Pari Sea Change Hauraki Gulf Marine Spatial Plan Stake- Holder Working Group); advice and research on protected sharks and rays; and marine species identifications. 5. I have dived in a private and professional capacity at many sites in eastern Northland, including two biodiversity surveys of sites located between Bay of Islands and Cape Reinga, I participated in the Northland Marine Ecological Significant Areas meeting (21 August 2015, Northland Regional Council) and the Kapowairua Bioblitz (25-28 March 2018). I am currently researching white shark (Carcharodon carcharias) movements and habitat use in Northland. The latter 2 has included aerial surveys of marine megafauna occurring between Kaipara Harbour and Cape Reinga, and satellite tagging juvenile white sharks in Kaipara Harbour. 6. In preparing my evidence I have read the proposed Regional Plan, Regional Policy Statement, the S42 recommendations relating to activities in the Coastal Marine Area (CMA) and the Ecologically Significant Marine Area Assessment Sheets. I have also reviewed the relevant scientific literature on the estuarine and marine ecosystems of Northland, including Kerr (2005), Morrison (2005), Morrison et al. (2014b) and Jones et al. (2016). Code of Conduct 7. I have read and agree to comply with the Code of Conduct for Expert Witnesses produced by the Environment Court. While this is not an Environment Court hearing, I have prepared this evidence in accordance with, and I agree to comply with, that code for this hearing. I have not omitted to consider material facts known to me that might alter or detract from the opinions expressed. I confirm that the issues addressed in this brief of evidence are within my area of expertise. I am authorised to give this evidence on behalf of the Minister of Conservation. Scope of evidence 8. My evidence addresses the following: a. The ecological values of Northland’s Coastal Marine Area b. Adverse effects of temporary structures and moorings c. Mangrove removal d. Removal of plant debris from the CMA e. Reclamations f. Coastal works – general provisions g. Drainage of land and associated discharges to the CMA. 3 Ecological Values of Northland’s Coastal Marine Area Northern continental shelf 9. The continental shelf north of 34o 30’S forms part of the Three Kings Plateau as defined by Nelson et al. (1982). It is an area of low terrigenous sediment input, predominantly biogenic carbonate sediments and persistent upwelling generated by the interaction of oceanic and tidal currents with the complex underwater topography (Stanton 1973; Campbell et al. 1982). This part of the shelf is strongly influenced by the Tasman Front, which attaches to its north eastern margin and flows southeast as the East Auckland Current (EAUC) (Stanton 1979; Roemmich & Sutton 1998; Stanton & Sutton 2003). A large permanent warm core eddy (North Cape Eddy) extending to 1500 m depth is located offshore of the EAUC (Roemmich & Sutton 1998). This eddy re-circulates about 50% of the flow in the EAUC and probably serves as a larval retention mechanism (Roemmich & Sutton 1998). 10. The Three Kings Plateau, including the mainland continental shelf, is a global biodiversity hotspot, supporting exceptionally diverse benthic communities, including extensive rhodolith beds, at least 223 sponges, 301 bryozoans (not exceeded anywhere else in the world), as well as colonial hydroids, barnacles, serpulid tubeworm colonies, compound ascidians, soft corals, gorgonians and black corals (Cryer et al. 2000; Rowden et al. 2004; Morrison 2005; Beaumont et al. 2008; Tuck et al. 2010, 2012; NIWA 2011; Wood et al. 2012). True species richness of filter-feeding invertebrates on the inner shelf between North Cape and Cape Reinga is estimated to exceed 700 species (Cryer et al. 2000). Highest reported shelf species diversity occurs off Spirits and Tom Bowling Bays in 40– 80 m depth. The fauna of this area also exhibits very high rates of national and regional endemism (Cryer et al. 2000; Kelly et al. 2007). East Northland continental shelf 11. North of Whangarei the Northland shelf is covered with mixed terrigenous and carbonate sediments comprising a patchwork of gravelly sand, sand, muddy sand and gravelly muddy sand. Carbonate content is highest on the inner shelf and in bays and harbours (50-80%) and generally decreases with depth (Rogers 2012). 4 There are also extensive coastal and mid-shelf rocky reef systems, which together with beds of infaunal molluscs serve as sources of biogenic carbonate sediments (Rogers 2012). South of Whangarei shelf sediments are predominantly terrigenous. Freshwater and sediment inputs to the shelf are generally low (Bradford-Grieve et al. 2006; Rogers 2012). A characteristic feature of the east Northland shelf are the prominent headlands, large estuaries and harbours and numerous offshore islands, including the Cavalli and Poor Knights Islands located on the mid and outer shelf respectively. 12. Oceanic flow in the region is dominated by the East Auckland Current (EAUC) (Stanton & Sutton 2003), which originates northeast of North Cape and flows south-east along the upper slope. Temperature variability in the mixed layer of the EAUC is dominated by the annual seasonal cycle, with variability between years highly correlated with the Southern Oscillation Index and wind speed and direction (Sutton & Roemmich 2001). Shoaling of the EAUC over the slope results in high nutrient levels near the surface along the shelf edge. Circulation over the shelf is dominated by local winds and the southeast flow of the EAUC (Sharples & Greig 1998). Curvature of the flow around Cape Brett and the narrowness of the shelf at this point are thought to result in localised upwelling (Sharples & Greig 1998). Episodic upwelling of slope water onto the shelf during autumn and winter is driven by long-shelf winds blowing towards the southeast. This more generalised upwelling transports nutrients, particularly nitrate, onshore and results in this being one of New Zealand’s most biologically productive shelf regions (Sharples & Greig 1998; Zeldis et al. 2001, 2004; Zeldis 2004; Bradford- Grieve et al. 2006). 13. The flow of subtropical water across the Tasman Sea and its reattachment to the New Zealand shelf as the EAUC results in the transport of larvae and juveniles of numerous subtropical and tropical species to the northeast shelf, resulting in elevated diversity of benthic invertebrates and fishes (Francis et al. 1999; Sutton & Roemmich 2001; Beaumont et al. 2008). The mixture of subtropical, tropical and widespread temperate species, including dominant habitat formers such as laminarian kelps, is what distinguishes the northeast North Island from all other coastal bioregions (Francis 1996; Shears et al. 2008). 5 14. Parengarenga, Houhora and Rangaunu Harbours are significant as large, relatively natural harbours that contain unique, diverse estuarine assemblages characterised by subtropical species not seen in estuaries elsewhere in New Zealand. Parengarenga Harbour supports an extremely diverse invertebrate fauna of at least 452 species, as well as diverse fish fauna that includes unusual estuarine populations of lancelets (Epigonichthys hectori), sand divers (Limichthys polyactis) and short-finned worm eels (Muraenichthys australis) (Francis et al. 2011; Morrison 2005). 15. Offshore reefs in the region support diverse invertebrate assemblages including protected