INTRODUCTION ...... 1 Purpose ...... 1 Process...... 1 SCOPE OF THE SOUTHERN SHELLFISH PLAN...... 2 Nature of Fisheries in the Plan ...... 7 SECTION 1: THE CURRENT SITUATION...... 11 THE HEALTH OF THE AQUATIC ENVIRONMENT IS PROTECTED ...... 12 Biodiversity ...... 12 Benthic impacts...... 13 Habitats of Particular Significance to Fisheries Management...... 14 Associated and dependent ...... 15 Other Resource Users ...... 15 Harvest strategies ...... 17 Productivity...... 18 Sustainability Indicators...... 19 Research...... 19 Total allowable catch ...... 22 PEOPLE ARE ABLE TO REALISE THE BEST VALUE FROM THE SUSTAINABLE AND EFFICIENT USE OF FISHERIES 24 Allocation & Use...... 24 Profile of Sectors...... 26 Commercial...... 26 Key Commercial Fisheries...... 33 Quota holdings...... 37 Use...... 40 Participation Costs...... 41 Quota Purchase Price...... 41 Deemed Values and Catch Balancing...... 41 Recreational ...... 43 Customary (Tangata Whenua) ...... Error! Bookmark not defined. Customary Regulations...... Error! Bookmark not defined. Mātaitai Reserves ...... Error! Bookmark not defined. Tai āpure-Local Fisheries...... Error! Bookmark not defined. Temporary Closures...... Error! Bookmark not defined. Deed of Settlement ...... Error! Bookmark not defined. Non-extractive Users...... 44 Use and value indicators...... 44 Commercial...... 44 Commercial Use ...... 44 Moratorium on New Permits ...... 45 Commercial Value Indicators ...... 45 Recreational ...... 45 Recreational Limits...... 46 Recreational Value indicators...... 47 Value ...... 47 Customary Value indicators...... 47 Non-Extractive Value Indicators ...... Error! Bookmark not defined. CREDIBLE FISHERIES MANAGEMENT ...... 48 Tngata Whenua Input and Participation ...... 48 Stakeholder Engagement...... 48 Recreational input...... 48 Commercial Input ...... 48 Conservation Input...... 48 OBJECTIVES BASED MANAGEMENT ...... 49 Monitoring and reporting on performance of fisheries...... 49 Protecting Value: Compliance...... 49 Compliance Framework...... 49 Strategic Compliance Goals...... 49 Operational Compliance Strategies...... 49 The Sectors ...... 50 Commercial ...... 50 Recreational...... 50 Customary...... 50

Offence Types...... 51 Unreported Catch ...... 52 Illegal Gear/Methods/Size/Area ...... 53 Non-Harvesting Offences...... 53 Recreational Offences...... 53 Customary Offences ...... 54 Information and Education ...... 54 General activities...... 55 Commercial activities...... 55 Recreational activities ...... 55 Customary activities ...... 55 Effective Deterrent...... 55 Monitoring and Surveillance...... 55 Commercial ...... 56 Recreational...... 56 Customary ...... 57 Deterrence...... 57 SERVICES...... 58 Stakeholder Measures ...... 72 General MFish Services Applicable to Southern Shellfish Fishery...... 73 Fishery Specific Services ...... 74

Southern Shellfish Plan Introduction

Purpose

1 The Southern Shellfish Plan (SSP) is a Ministry of Fisheries (MFish) led plan that considers the fisheries management issues relating to the shellfisheries of the South Island’s east and south coast; Fisheries Management Areas (FMAs) 3 and 5.

2 This plan is being developed pursuant to Section 11A of the Fisheries Act 1996, and is to assist the Ministry in achieving the purpose of the Act:

To provide for the utilisation of fisheries resources while ensuring sustainability.

3 The plan is to assist the Ministry by providing a platform to achieve the key outcome of its Statement of Intent (July 2006 – June 2011) for the shellfisheries of the South Island’s east and south coasts:

The value New Zealanders obtain through the sustainable use of fisheries resources and protection of the aquatic environment is maximised. Process

4 The plan is being developed cooperatively with tangata whenua and stakeholders. Through this plan the Ministry will identify the values tangata whenua and stakeholders place on the shellfish resources of the south and east coast. A cooperative process will determine how to balance and achieve these values. A key outcome of the plan is to set objectives that reflect these values and then put in place processes and procedures to achieve them. It is recognised that collective agreement may not be possible in all situations. In these cases the Ministry will perform an adjudicating role.

5 Once a draft plan is agreed, it will be opened for public submissions.

6 The SSP will guide the Ministry in its decision making processes for the sustainable management of the shellfish resources of the south east coast of New Zealand and their aquatic environment. The plan may also contain direction in terms of other legislative processes where these may impact on fisheries matters or fisheries habitats.

7 The first part of this plan sets out the current situation of the fishery and sets the scene for the development of the later stages of the plan which will address management objectives and management responses. A diagram showing the fisheries plan development process is attached as Appendix 1.

1

SCOPE OF THE SOUTHERN SHELLFISH PLAN

8 The SSP covers 20 species managed under the Quota Management System (QMS) and two non-QMS species. These species occur in varying concentrations around the coast of the South Island. Some of these species are commercially developed, some are new to the QMS and are in a development phase. Many are of interest to recreational and customary fishers. For a list of the shellfish covered in the Southern Shellfish Plan: refer to Table 1.

9 The SSP encompasses the inshore parts of the South Island (Figure 1) in Fisheries Management Area 3 (South-East Coast) and Fisheries Management Area 5 (Southland Coast) (Table 1). The SSP is a multi-stock 1 fishery that is associated with the sandy-mud coastal areas from close inshore (estuaries) to the edge of the continental shelf (~200m) (Tables 2 and 3)

Figure 1: Map of FMA covered by this plan and associated closed areas

10 The Southern Shellfish Fishery is a shared fishery, that is, it is fished by commercial and non commercial (recreational and customary) fishers. Approximately 1,437 tonnes of shellfish are taken annually by the commercial sector out of a TACC of approximately 2,858 tonnes. The majority of this catch is made up of NZ littleneck ( ) and kina. Both these fisheries have a well developed commercial industry with international and domestic markets built around them.

11 A surf fishery is developing in Pegasus Bay. The first commercial landings occurred in January and February 2007. This fishery is in a development phase with the technology and market building underway.

1 Stocks are species management units. Little is known about biological stock boundaries for these species.

2

Table 1: SSP species, stocks and main fishing method Ngai Tahu Fisheries Common Stock Scientific Nature of Fishery/Catch Name Habitat Management Name code Name method Area Hohehohe PZL Soft Shore Panopea 3 & 5 Single stock/UBA hand- Subtidal zelandica gathering Pipi Pipi, Kokota, PPI Soft Shore 3 & 5 Single stock/ Hand harvest Taiawa Intertidal australis Silky DSU Soft Shore Dosinia 3 & 5 Multi stock/ Hydraulic dosina subtidal subroseqa dredging exposed Frilled Pukauri BYA Soft shore Basiina yatei 3& 5 Multi stock/ Hydraulic venus Subtidal dredging shell exposed Ringed Tuangi haruru DAN Soft shore Dosinia 3 & 5 Multi stock/ Hydraulic dosina Subtidal anus dredging exposed Deepwater Tuatau PDO Soft shore Paphies 3 & 5 Multi stock/ Hydraulic tuatau Subtidal donacina dredging exposed Large Whangai- MMI Soft shore Mactra 3 & 5 Multi stock/ Hydraulic trough karoro Subtidal murchisoni dredging shell exposed Trough Whangai- MDI Soft shore Mactra 3 & 5 Multi stock/ Hydraulic shell karoro Subtidal discors dredging exposed Triangle Kaikaikaroro SAE Soft shore Spisula 3 & 5 Multi stock/ Hydraulic Shell Subtidal aequiatera) dredging exposed) Horse Kupa, Hururoa HOR Soft Shore Atrina 3 & 5 Single stock Subtidal zealandica exposed Tuatua TUA Soft shore Paphies 3& 5 Singlestock/Hand Harvest Intertidal subtriangula exposed ta Queen Tipa,Pure QSC Deepwater Zygochlamys 3 Multi stock (by-catch) Edge delicatula Modified Scampi Trawl Continenta

3

l Shelf NZ Tuaki Tuangi COC Soft shore Austrovenus 3 & 5 Single stock Hand harvest littleneck Intertidal stutchburyi using manual dredge clam , Sheltered Cockle Green Kuku Kutai GLM Intertidal Perna 3 Single stock/Hand harvest lipped exposed canaliculus mussel Blue Kuku, Kutai, BMS Intertidal Mytillus mussel toretore exposed galloprovinc ialis Dredge Tio,Tio para, OYS Subtidal Tiostrea 3 & 5A Single stock/ dredge Tio repe chilensis Scallop Pure, Tipa SCA Subtidal Pecten 3 & 5 Single stock/ dredge nouvaezelan diae Sea SCC Subtidal Stichopus 3 & 5 Single stock/ Hand harvest cucumber mollis Kina, Sea Kina, Kina SUR Subtidal Evechinus 3& 5 Single stock / Hand harvest urchin ariki, Kina chloroticus koorako Knobbed KWH Subtidal Austrofusus 3 & 5 Single stock / Potted glans Paddle Papaka PAD Subtidal/in Ovalipes 3 & 5 Single stock / Potted crab tertidal catharus Toheroa Toheroa TOH Soft shore Paphies Non QMS Single stock/ Hand harvest Intertidal ventricosa exposed Wheke OCT Subtidal/in Octopus Non QMS Non target By catch to tertidal huttoni CRA /potted Pinnoctopus cordiformis

4

Table 2: SIS species, stocks and main fishing method groupings. Grouping Intertidal hand- Subtidal dredge / hydraulic Subtidal other Deepwater gathering dredge methods COC, PPI, TUA, Surf clams (BYA, DAN, DSU, SCC, SUR, KWH, Species QSC TOH, GLM, MSB, MDI, MMI, PDO SAE), SCA, OYS PAD, OCT, HOR, PZL

12 The total commercial value of the SSP fishery is approximately $15m. This value fluctuates as it is dependent on the foreign exchange rate given that it is primarily an export driven industry. The potential for commercial growth of this figure is dependent on the increasing utilisation of the species within the plan.

13 Recreational take is spread along the whole coast with cockles and green-lipped being the top species in terms of volume extracted. The harvest areas that have the most pressure are usually the accessible locations near large metropolitan areas plus a variety of coastal harbours and inlets that have historic association with recreational take.

14 Customary utilisation is also high as many of the species have significance to local Ngai Tahu . All species involved in this plan have shown up in differing amounts in many historic middens.

15 The dominant oceanographic feature influencing the environment of the SSP is the Subtropical Front. This is mixed water from the warm subtropical East Australian current and the cool Sub Antarctic Circumpolar Current. The water temperature of the Subtropical Front varies from 10° C to 16° C in winter and summer respectively. Up-wellings and eddies of the Subtropical Front enhance productivity resulting in abundant phyto- and zoo- stocks that are the primary drivers of the ecosystem on the east and south coasts of the South Island (see Figure 2).

16 Some of the shellfish species of the SSP, and their natural habitats are shown in Table 3.

17 This plan is effectively a plan for all the southern shellfish that occur in FMA 3 and 5 all of the variety of bivalve , topshells, limpits, chitons and other molluscs have not been listed individually , but will be listed as we discuss these species in latter stages of the plan.

5

18 Figure 2: Circulation around New Zealand.

TF = Tasman Front, WAUC = West Auckland Current, EAUC = East Auckland Current, NCE = North Cape Eddy, ECE = East Cape Eddy, ECC = East Cape Current, WE = Wairarapa Eddy, DC = D’Urville Current, WC = Westland Current, SC = Southland Current, SF = Southland Front, STW = Subtropical Water, STF = Subtropical Front (left diagonal hashed area), SAW = Sub Antarctic Water, SAF = Sub Antarctic Front (right diagonal hashed area), ACC = Antarctic Circum-Polar Current, CSW = Circum-Polar Surface Water, DWBC = Deep Western Boundary Current (large purple arrows) (after Carter et al. 1998).

6

Table 3: Shellfish species and their natural habitats

Species Habitat Range

Protected beaches / enclosed shores - down to 20m depth (though this Cockle Intertidal is rare) Geoduck Depths of 5-25m in sand and mud off sandy ocean beaches Subtidal Found in harbours Subtidal Green-lipped From beach to over 50m depth Intertidal Mussel Blue Mussel From beach to over 50m depth Intertidal Muddy-sand in the lowest intertidal and subtidal shallows of mainly Horse Mussel Subtidal sheltered waters Kina Waters less than 10m deep Subtidal Knobbed Whelk In sand, silt and mud from low water to a depth of 600m Subtidal Octopus From low water to a depth of 400m Subtidal Off sandy beaches, in harbours and estuaries, from intertidal zone to Paddle Crab Subtidal depth of 10m Pipi Protected beaches, bays and estuaries - from beach to depth of 7m+ Intertidal Queen scallop Edge of continental shelf 100-200m depth Deepwater Scallop Mainly in semi-enclosed areas such as harbours Subtidal Sea Cucumber Mainly within harbour environments Subtidal In and just beyond the surf zone on exposed sandy beaches, down to Surf Clam Subtidal depths of 10m Toheroa Mainly on sandy intermediate beaches Intertidal Tuatua Sandy and soft bottom habitats with other surf clam species Intertidal

Nature of Fisheries in the Plan

19 This section provides a brief overview of the habitat and fisheries history of some of the species in this plan.

20 COC Cockles are fished commercially on the east coast of the South Island – there is a TACC of 1,470T in FMA3. This commercial activity has occurred in two intertidal bays in Otago, Papanui Inlet since the 1980s and Waitati Inlet since the early 1990s. These two areas have Shellfish Sanitation Certification which allows the commercial sale of harvested shellfish.

21 A TACC is set for FMA 5 but this is not being fished at present. Cockles are harvested by recreational and customary fishers for sustenance and cultural purposes. Ngäi Tahu whänui consider tuaki to be a Taoka (treasure of great value). There is also a large population of cockles in Otago Harbour and other populations occur in many locations around the coast with some significant populations in Canterbury, notably Koukourarata. 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.

22 PLZ Geoduck (Deepwater or King Clam) occur mainly in depths of 5-25 metres in sand and mud off sandy ocean beaches throughout New Zealand. They have mainly been harvested using Underwater Breathing Apparatus (UBA) and hand-gathering with water jets. There have been no reported

7

commercial catches of deepwater clams in the area covered by this plan. There are not thought to be recreational or customary fisheries for this species. The exposed nature of much of the east coast is likely to limit access to them.

23 OYS Dredge 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. . All these traits suggest that the species is vulnerable to over- fishing. Records of reported commercial landings of dredge oyster in FMA 3 & 5 are patchy and very low. Dredge oysters outside the Foveaux Strait are mainly found on mud and sand substrates in coastal areas. They are also found in deeper offshore waters along the south and east coast of the South Island. Dredge oysters are locally important to recreational and customary fishers. There is very little quantitative information on recreational harvest levels of these oyster stocks.

24 GLM 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 Ngai Tahu. They are generally gathered on exposed shores by hand at low tide.

25 MSB Blue Mussel Average size 50-70 mm; grows to about 100mm. Restricted to New Zealand, but is a subspecies of the European edible blue mussel M. edulis which is widely distributed in cool temperate inter- tidal waters of both northern and southern hemispheres. Dark blue-black shell, often chalky white around the hinge area. Abundant around and south of Cook Strait; isolated populations on North Island east coast. Naturally occurs in the upper areas of the inter-tidal zone. Cultivated to a limited extent as a by-crop by some oyster farmers; some commercial hand- picking.

26 HOR Horse mussels are not thought to be substantially targeted by commercial, recreational or customary fishers on the east coast of the South Island. There are allowances for commercial, recreational and customary fishers in both FMAs 3 and 5. The commercial catch is made up of bycatch from the bottom trawl, dredge and Danish seine fisheries. 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

8

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.

27 SUR Kina (sea urchin) is 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. Commercial landings jumped significantly after kina was introduced to the QMS in 2002, probably due to increased reporting rather than increased catch. Kina is also an important customary and recreational fishery. Hand-gathering by free diving is the predominant method for harvesting kina.

28 KWH Knobbed are scavengers that bury themselves in the substrate when not feeding. They are widely distributed around New Zealand and are found on sand, silt and mud from low water to depths of around 600 metres. Baited whelk pots are used to target them. Knobbed whelks are also taken as a bycatch in the rock lobster, scallop, dredge oyster and bottom trawl fisheries. There have been no reported commercial landings of knobbed whelk from the area covered by this plan. Recreational and customary fisheries for knobbed whelk are thought to be between small or non-existent.

29 OCT Octopus is widely distributed around New Zealand in a depth range from low water to 400 metres, although octupiare more abundant in the south. In New Zealand waters there are thirty nine described species. are landed solely as a bycatch from other fisheries. They are mainly caught by bottom trawling and in rock lobster and blue cod pots. Reported commercial landings of octopus in the FMA 3 and 5 have averaged around 70-80 tonnes in the past five years, almost all of which (76%) was taken as bycatch to rock lobster fishing. There is no information available on recreational and Ngai Tahu customary catches. While octopi are likely to be used for food and are considered a delicacy by some, the catch is not thought to be significant. It is possible that members of the Asian and Polynesian community harvest octopus, but their fishing activity is poorly represented in recreational surveys.

30 PAD Paddle Crabs are found off sandy beaches, and in harbours and estuaries throughout mainland New Zealand. They are abundant from the intertidal zone to at least 10 m depth, although they do occur in much deeper water. Anecdotal information suggests there has been a significant increase in paddle crab numbers since the 1970s. Almost all paddle crab catches reported from the area covered by this plan are in FMA 3 (statistical area 020). In FMA 5, paddle crab landings have fluctuated from 0 tonnes to nearly 14 tonnes and back again since the late 1990s. Paddle crab is not thought to form significant recreational or customary fisheries although they may be taken as a bycatch. Concern has been expressed as to the impact of increased numbers of paddle crabs on shellfish stocks. Feeding studies have shown that although paddle crabs can eat large toheroa and other shellfish, they mainly eat shellfish spat.

9

31 The New Zealand queen scallop (Zygochlamys delicatula) is also known as the southern queen scallop, southern fan scallop, and gem scallop. This small pectinid species is distributed on the outer continental shelf along the east coast of the South Island, from Kaikoura down to Macquarie Island. There are nine other species in the genus, none of which have attracted commercial interest, probably because of their small size. Similar species such as a aa and aaa support important fisheries in other countries. New Zealand queen are distributed from Kaikoura to the southern islands including the Snares, Bounty, Antipodes, and Macquarie Islands. There are no records of live queen scallops being caught north of Kaikoura, or on the west coast of the South Island.

32 PPI 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. In the South Island pipi often share the same habitat as cockles. There is no commercial take in the South Island. The TAC for FMA 3 is set at 19 tonnes and FMA 5 at 3 tonnes.

33 SCA 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. This can occur independently of any fishing pressure. Paterson Inlet, Port Pegasus, and the Fiordland Sounds support recreational and customary Ngai Tahu fisheries. The main fishing method is dredging although some are also taken by diving and hand-gathering.

34 SCC 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. Commercial landings of sea cucumber in the SSP plan areas have been small. It is not thought that there are significant levels of recreational or customary harvesting of sea cucumber.

35 MMI MDI SAE PDO DSU BYA DAN Surf clams include seven 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. Not all surf clam species are prevalent on the east/south coast of New Zealand and the proportion of different species changes from location to location. Fishing for surf clams in areas 3 and 5 has been limited. The recent certification of harvest areas by NZFSA allowing harvest for sale in Pegasus Bay has resulted in the first significant commercial landings in FMA 3.

10

36 TOH Toheroa are found intertidally on beaches, notably Oreti Beach, Bluecliffs Beach, Southland. Toheroa were once abundant on exposed surf beaches on the east and south coast of the South Island and supported relatively large commercial, recreational and customary fisheries, but have declined substantially. Recreational and commercial harvesting of toheroa is also prohibited. Customary authorisations may be issued for toheroa harvesting.

37 TUA Tuatua is widespread throughout New Zealand in suitable sandy and soft-bottom habitats, but is more common on North Island beaches. The species is generally found in the intertidal and upper subtidal zones. Tuatua commonly occurs in areas mixed with other surf clam species. There is no commercial catch in the South Island, but a Total Allowable Catch (TAC) is set for FMA 3 of 7 tonnes and FMA 5 at 3 tonnes allocated to customary and recreational use. Tuatua have been subjected to high levels of fishing pressure by non- commercial fishers and are also subject to environmental effects from urbanisation and land management practices. 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.

38 The cooks turban ( Cookia sulcata ; karakea, tiotio or ngaruru)prefers the open coast along ledges or among seaweed, its main food. Section 1: The Current Situation

39 This section sets out some key information on the current state of southern shellfisheries. The information is set out in a format that follows the three key outcomes of the Ministry’s Statement of Intent.

• Health of the aquatic environment is protected

• Best value is able to be realised

• Credible fisheries management.

40 The purpose of the Fisheries Act is to provide for the utilisation of fisheries resources while ensuring sustainability. “ Ensuring sustainability ” is defined as

a) Maintaining the potential of fisheries resources to meet the reasonably foreseeable needs of future generations; and

a) Avoiding, remedying or mitigating any adverse effects of fishing on the aquatic environment .

11