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The Fishing Industry and the Kermadec Ocean Sanctuary

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The Fishing Industry and the Kermadec Ocean Sanctuary WWF-New Zealand Level 6 Davis Langdon House 49 Boulcott Street Wellington 6011 WWF-New Zealand Tel: 04 4992930 Level 6 Davis Langdon House 49 Boulcott Street Wellington 6011 Tel: 04 4992930 The Fishing Industry and the Kermadec Ocean Sanctuary: Separating the Rhetoric from the Reality Briefing, June 2016 The Kermadec Ocean Sanctuary represents a significant potential contribution not only to conservation in New Zealand, but globally. The fully no-take Sanctuary would cover one of the last near-pristine regions of ocean in the world – an international biodiversity hot-spot. With negligible impact on fishing – the Kermadec area covers 15% of New Zealand’s exclusive economic zone (EEZ), but accounts for only 0.004% of the value of New Zealand’s fish catch (around $160,000) – the Sanctuary offered an opportunity for New Zealand’s fishing industry to demonstrate a clear commitment to best practice ocean management. Instead, the fishing industry has chosen to attack the Sanctuary proposal, launching two legal challenges in the process. In support of its argument against the Sanctuary, the industry has made a series of highly questionable claims about what the Sanctuary will and won’t do. WWF-New Zealand believes that the Kermadec Ocean Sanctuary is too important to allow the fishing industry’s inaccurate claims to cause confusion and uncertainty. Briefing purpose This briefing aims to highlight the rhetoric and explain the reality, so that those involved in important discussions and decision-making have accurate information. Specifically, this briefing will examine the following four industry claims: 1. Several species of tuna are only available in the Kermadec region at certain times of the year, so the Sanctuary will deny the industry the ability to catch these fish for part of the year. 2. The Sanctuary will deny the industry the ability to catch 66 other species of fish/shellfish, thus expropriating fishing rights. 3. The Sanctuary is not consistent with New Zealand’s obligations under the United Nations Convention on the Law of the Sea. 4. The fully no-take Sanctuary is not needed to meet New Zealand’s obligations under the Convention on Biological Diversity because a Benthic Protected Area (BPA) already exists in the region and BPAs are an adequate contribution to marine protection. 1 Contents The Fishing Industry and the Kermadec Ocean Sanctuary ..................................................................... 1 Briefing purpose .................................................................................................................................. 1 1 Industry claims about Tuna in the Kermadec region .................................................................. 3 2 Industry claims about FMA 10 fish .............................................................................................. 3 3 Industry claims about UNCLOS.................................................................................................... 4 4 Industry claims about Benthic Protection Areas ......................................................................... 4 5 References ................................................................................................................................... 6 Appendix 1: Tuna fishing and the Kermadec Ocean Sanctuary .............................................................. 7 Summary of findings - the presence of Tuna in New Zealand’s EEZ ................................................... 7 Bigeye tuna (thunnus obesus) ............................................................................................................. 8 Southern bluefin tuna (thunnus maccoyii) ........................................................................................ 11 Yellowfin tuna (Thunnus albacares) .................................................................................................. 14 Appendix 2: MPI OIA response: presence of tuna in New Zealand Waters .............................................. Appendix 3: Analysis of Industry’s claim about the “66 species of fish/shellfish” in FMA 10 .................. 2 1 Industry claims about Tuna in the Kermadec region Claim: Te Ohu Kaimoana has claimed that several species of tuna are only available in the Kermadec region at certain times of the year, so the Sanctuary will deny the industry the ability to catch these fish for part of the year. At the 2016 Māori Fisheries Conference, Jamie Tuuta (Director of TOKM) stated: “What iwi are missing out on are the rights to catch the highly migratory species – the tunas – yellow fin, big eye, southern bluefin during the four months of the year that they are in the Kermadec zone – they aren’t anywhere else in the rest of our EEZ during that time”. Reality: The Government’s National Aquatic Biodiversity Information System (NABIS) data shows that all three species are present in New Zealand waters outside of the Kermadec Ocean Sanctuary. This data also shows that bigeye tuna is caught year round outside the Kermadec region. A response by the Ministry for Primary Industries (MPI) to an Official Information Act (OIA) request made by WWF-New Zealand also clarifies that both yellow fin and southern bluefin tuna are caught outside the Kermadec region all year around. Please see Appendix 1 for detailed evidence and analysis of government data about presence of tuna in New Zealand waters. Additionally, Appendix 2 provides the MPI’s OIA response about the presence of tuna in New Zealand waters. 2 Industry claims about Fisheries Management Area 10 fish Claim: The industry has claimed that the Kermadec Ocean Sanctuary will deny the industry the ability to catch 66 other species of fish/shellfish, thus expropriating fishing rights. In a recent press release, the New Zealand Fishing Industry Association stated: “Sixty-six species are managed under quota in the Kermadec area the Government proposes to close - stocks in Fisheries Management Area 10. The Government’s current proposal to unilaterally superimpose a ‘no take’ area beyond the 12 mile zone (already an agreed no-take area) would serve confiscate [sic] the rights and extinguish the economic potential from sustainable fishing throughout 15 % of New Zealand’s exclusive economic zone”1. Reality: MPI data shows that 40 of the 66 species listed by the fishing industry do not occur in the region, and the existence of another nine is uncertain, and therefore no quota has been allocated. Of the 17 species left, nine cannot currently be caught either due to existing marine reserves surrounding the islands or the Benthic Protected Area covering Fisheries Management Area (FMA) 10. This leaves eight species of fish, none of which are being commercially fished according to MPI data.2 The fact is that 30 years after the Quota Management System was introduced, no commercially viable fishery has been established in this area, and so only a nominal quota has been allocated. 1 See: http://www.scoop.co.nz/stories/BU1604/S00897/seafood-companies-challenge-govt-through-high-court.htm 2 WWF-New Zealand has reviewed the Ministry for Primary Industries Plenary documents for all eight species and none of these species have been caught in FMA10 for at least the past 10 years. 3 3 Industry claims about UNCLOS Claim: The industry has claimed that the Sanctuary is not consistent with New Zealand’s obligations under the UN Convention on the Law of the Sea. In a press recent release, the New Zealand Fishing Industry Association stated: “The [Kermadec Ocean Sanctuary Bill] Cabinet paper further fails to address whether the sanctuary can be lawfully established by New Zealand under UNCLOS. In the companies’ view it cannot be”3. Reality: The legality of establishing marine protected areas in New Zealand’s exclusive economic zone (EEZ) is clear. The United Nations Convention of the Law of the Sea (UNCLOS) has given New Zealand responsibilities to protect and preserve the marine environment.4 Creating marine protected areas like the Kermadec Ocean Sanctuary is therefore entirely consistent with New Zealand’s obligations under UNCLOS. Other countries, including Australia, USA, Chile and UK have created marine protected areas in their own EEZs and none of these have been considered to be incompatible with UNCLOS. Potential legal issues including the need to enable the maintenance or construction of deep sea cables, and the thoroughfare of foreign state vessels has been appropriately dealt with in the Kermadec Ocean Sanctuary Bill in clause 10 and clause 7 respectively. 4 Industry claims about Benthic Protection Areas Claim: The industry claims that the fully no-take Kermadec Ocean Sanctuary is not needed to meet New Zealand’s obligations under the Convention on Biological Diversity because a Benthic Protection Area (BPA) already exists in the region and BPAs are an adequate contribution to marine protection. In its April 29 2016 press release, the New Zealand Fishing Industry Association stated: “The Cabinet paper underpinning the development of the Bill erroneously advises that the sanctuary would significantly help New Zealand towards meeting our obligations under the CBD Aichi Target 11. New Zealand already complies with and, in fact, has exceeded this agreed Target [with the BPAs]. Biodiversity in the Kermadecs’ region is already protected and is not at risk”. Reality: Analysis by government and expert scientists shows that the BPAs do not fulfil New Zealand’s obligations to protect marine biodiversity within its marine jurisdiction because: 1) they do not protect
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