Sustainable Management of Freshwater Eel Habitat and Fisheries
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SUSTAINABLE MANAGEMENT OF FRESHWATER EEL HABITAT AND FISHERIES Progress Report Office of the PARLIAMENTARY COMMISSIONER FOR THE ENVIRONMENT Te Kaitiaki Taiao a Te Whare P_remata P.O. Box 10-241 Wellington December 1994 TABLE OF CONTENTS 1 INTRODUCTION 1 2 ADMINISTRATIVE AND LEGAL STRUCTURES AND PROCESSES FOR THE MANAGEMENT OF FRESHWATER EEL HABITAT AND FISHERIES 1 2.1 Traditional eel fishery 1 2.2 Commercial eel fishery 3 2.3 Recreational eel fishery 5 2.4 Management of eel habitat 5 2.5 Legislative review 7 3 PUBLIC AUTHORITY EEL FISHERY MANAGEMENT REGIMES IN OTHER COUNTRIES WITH ANGUILLA SPECIES 7 4 OTHER MATTERS 8 4.1 Migration of sufficient fecund females 8 4.2 Pond culture 8 5 SUMMARY 9 Tables Table 1: Statutory responsibilities for management of freshwater eel habitat and eel fishery 2 SUSTAINABLE MANAGEMENT OF FRESHWATER EEL HABITAT AND FISHERIES PROGRESS REPORT 22 December 1994 1 INTRODUCTION This report arose in response to public concern about the management of freshwater eel habitat and fisheries. The administrative and legal structures and processes for the management of freshwater eel habitat and fisheries was examined with the aim to identify any shortcomings. A brief survey was also conducted on public authority eel fishery management regimes in other countries with Anguilla species to identify any useful models for New Zealand. There are some current developments which could affect the future management of freshwater eel habitat and fisheries and it was considered timely to highlight the issues to be resolved. Agency progress in resolving these issues satisfactorily will continue to be monitored. 2 ADMINISTRATIVE AND LEGAL STRUCTURES AND PROCESSES FOR THE MANAGEMENT OF FRESHWATER EEL HABITAT AND FISHERIES Table 1 outlines the current statutory responsibilities for the management of freshwater eel habitat and fisheries in New Zealand. These responsibilities are discussed below. 2.1 Traditional eel fishery Eels are an extremely important traditional food for Maori (not all iwi were sea fishers, but all had access to eels). In many areas iwi now find them hard to get, in their opinion largely because of commercial exploitation. Eels are a significant fishery issue with iwi, with many arguing that tangata whenua should control eel harvest in their area. Before eels can be put into the Quota Management System (QMS), the issue of "traditional harvest" must be resolved. Under the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992, the Ministry of Agriculture and Fisheries must provide for Maori non-commercial traditional and customary fishing rights and interests. It must also provide for Maori participation in management and conservation of New Zealand's fisheries. 2 TABLE 1: STATUTORY RESPONSIBILITIES FOR MANAGEMENT OF FRESHWATER EEL HABITAT AND EEL FISHERY Department of Conservation Ministry of Agriculture and Fisheries Regional Councils Preservation of all indigenous freshwater fisheries Management of commercial eel fishery Protection of life-supporting capacity of water and Protection of freshwater fish habitats ss. 63, 89(1) Fisheries Act 1983 ecosystems; s.6(ab) Conservation Act 1987 Fisheries (Commercial Fishing) Regulations 1986 Protection of significant habitats of indigenous fauna ss.4,5 National Parks Act 1980 ss. 5-7 Resource Management Act 1991 s.3 Reserves Act 1977 Prescription of quota with loose sustainability provisions for species subject to quota fishing (eels not Restriction of Protection of recreational freshwater fisheries subject to quota, but no legal impediment and has been - use of coastal marine area Protection of traditional fisheries proposed) - certain uses of beds of lakes and rivers Provision for Maori according to principles of Treaty of s.89(1)g Fisheries Act 1983 - change or obstruction of natural water flow Waitangi - discharge of contaminants or water into water ss. 4, 6(ab), 26ZH Conservation Act 1987 Regulation of non-commercial eel fishery ss. 12,13,14,15 Resource Management Act 1991 - recreational Preparation of Management Plans for freshwater - traditional (including harvest for hui and tangi) All land in the region is subject to National Policy fisheries and Conservation Management Strategies ss.89 (1),(1C),(3)(b),3A,3B Fisheries Act 1983 Statements, NZ Coastal Policy Statement and general for areas managed by DOC Fisheries (Amateur Fishing) Regulations 1986 law. ss. 17D, 17J Conservation Act 1987 Reserving Maori eel fishing areas Promotion of conservation of freshwater fish and their - Lake Horowhenua, Hokio Stream habitats Fisheries (Central Area Commercial Fishing) s. 6 (b)-(f) Conservation Act 1987 Regulations 1986 - Lake Forsyth Regulation of freshwater fisheries and fish passes Fisheries (Southeast Area Amateur Fishing) ss. 17(1)(f), 48, 48A Conservation Act 1987 Regulations 1986 Freshwater Fisheries Regulations 1983 - Power to declare mataitai areas s. 89(1C)(b) Fisheries Act 1983 Prohibition of discharge of contaminants, into conservation area water bodies, that affect freshwater Regulation of freshwater fish farming fish and their food (where not covered by water consents s. 91 Fisheries Act 1983 and other approvals). Freshwater Fish Farming Regulations 1983 s. 39 Conservation Act 1987 Regulation of eel restocking or transfer between islands Regulation of eels transfer (eg elvers upstream) to sites s.26ZM (2) Conservation Act 1987 where do not already exist or to DOC estate s.26ZM (3) Conservation Act 1987 Provision for Maori non-commercial traditional fishing Provision for Maori participation in management and 3 conservation of New Zealand's fisheries Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 3 The Minister of Fisheries intends to resolve the issue of whether the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 ought to cover freshwater fisheries (iwi claim that in negotiations they never agreed to this, but the final drafting of the statute includes all fish). If the Act does cover eels, then eels go into the QMS, iwi get 20% of the TACC, and some "mataitai" (traditional harvest reserves) may be negotiated. If the Act doesn't apply, Waitangi Tribunal claims may pertain, and the forthcoming report on the Whanganui River may set some precedent. Consultation with iwi for development of mataitai regulations now excludes explicit consideration of eels, but it is felt that generic procedures could still apply. Regulation 27 of the Fisheries (Amateur Fishing) Regulations 1986 provide for customary harvest in relation to hui and tangi. There are several sites reserved exclusively for iwi harvesting. The Department of Conservation is required under section 4 of the Conservation Act 1987 to interpret and administer the Act so as to give effect to the principles of the Treaty of Waitangi. Given the cultural significance of eels to Maori, the Department of Conservation has acknowledged its responsibility to assist in rehabilitating the eel resource to a state acceptable to iwi, where the present condition has been habitat deterioration or over-fishing. 2.2 Commercial eel fishery The Ministry of Agriculture and Fisheries is responsible for the management of the commercial eel fishery. It provides commercial fishers with permits and allocates stocks. It is responsible for determining sustainability of the resource and ensuring compliance with the harvesting laws. Freshwater eels (shortfinned and longfinned) have been identified by the Ministry of Agriculture and Fisheries as among the top 12 priority species for inclusion in the Quota Management System (QMS). There are, however, some six to ten species ahead of eels in the queue, and it will be at least 18 months to two years before this can be finalised. Data on eels is insufficient to develop a Total Allowable Commercial Catch (TACC) based on recruitment and growth rates, so it will be based on historical commercial catch. After a big increase and crash since the 1970s, the catch rate has levelled off over about the last ten years. However, all of our catch data is within the lifetime of one adult eel so we don't really know what is happening long-term. There are no plans to gather better data; every catchment has different growth rates, collection of recruitment and adult spawning data would be expensive, and we have no "before commercial exploitation" data for the baseline. Similar to Orange Roughy, eels are a long-lived species (shortfinned females typically take 20 years to reach sexual maturity; longfinned females 53 years) but unlike the other species put into the QMS the eels must have access upstream as young and to the sea as adults to ensure replenishment of stocks. Because eels are subject to fishing pressure over many years before 4 they reach maturity, many may not survive to breed. Dams and weirs block migration, and wetland drainage has reduced habitat. Anecdotal evidence suggests both spawning runs and elver returns in at least some areas are much reduced on earlier years and the average size of captured eels has significantly reduced. The parents of shortfinned young entering New Zealand streams may be from both New Zealand and elsewhere (Australia, South Pacific) but longfinned eels are endemic and if New Zealand doesn't protect recruitment no one else will. However, the relationship between adult numbers and recruitment rates is unknown. Apart from restricting the number and general harvest area of fishers, minimum sizes, and net specifications as "interim" measures, there is no control over the commercial harvest of eels, and enforcement of these few controls is a very low priority with MAF. None of these controls protect breeding adults or ensure recruitment of young. Unless specific "input" or other controls are developed, when eels go into the QMS all that will be controlled is the total tonnage taken commercially. Pilot negotiations currently underway with MAF, Ngai Tahu and commercial fishers will address means of protecting traditional access to eels, but may or may not address mechanisms to protect eel recruitment. It is not clear whether any eel biologists are to be involved in working with iwi to develop these programmes.