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Before a Special Tribunal Under the Resource Management Act 1991 In

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Before a Special Tribunal Under the Resource Management Act 1991 In Before a Special Tribunal Under the Resource Management Act 1991 In the matter of an application for a Water Conservation Order for the Ngaruroro River and Clive River Statement of evidence of Rachel Katherine McClellan on behalf of the New Zealand Fish and Game Council; Hawke's Bay Fish and Game Council; Royal Forest and Bird Protection Society of New Zealand; Jet Boating New Zealand; Whitewater NZ Incorporated; and Operation Pātiki Ngāti Hori ki Kohupātiki 12 December 2018 Introduction 1 My name is Rachel McClellan. I am the principal avifauna ecologist with Wildland Consultants Ltd (Wildlands), based in Wellington. I have worked for Wildlands for nine years. I have undertaken avifauna work across New Zealand, including survey and monitoring, assessments of effects, threatened species monitoring and management, development of ecological significance criteria, and strategic and restoration plan development and implementation. 2 I have been engaged by Royal Forest and Bird Protection Society of New Zealand to provide expert evidence on birds in relation to the application of a Conservation Order for the Ngaruroro River, Hawke's Bay. 3 I visited sites along the length of the upper and lower Ngaruroro River on 3 October 2017. Qualifications and experience 4 I have the following qualifications and experience: (a) Degrees of Bachelor of Science in Zoology and Botany from Victoria University; (b) Master of Conservation Science (with Distinction). My thesis was on the breeding biology of the Nationally Vulnerable flesh-footed shearwater (Puffinus carneipus) on Karewa Island (Victoria University, 1996); and (c) PhD in Zoology. My thesis investigated the ecology and management of the Nationally Critical black-billed gull (Larus bulleri) (University of Otago, 2009). 5 I am a member of the New Zealand Ecological Society and Birds New Zealand (brand name of the Ornithological Society of New Zealand). 6 I have prepared expert evidence for 15 Council, Environment Court, and Tribunal hearings addressing issues such as river conservation orders, coastal subdivisions, mining applications, wind farms, hydropower proposals, and council plan changes. Hearings have included the provision of avifauna evidence for the Oreti River Conservation Order hearing (for Fish and Game New Zealand), and for Meridian Energy's North Bank Tunnel proposal on the braided Waitaki River (for the Lower Waitaki River Management Society). 7 I have considerable experience in river bird, seabird and shorebird ecology. I completed my PhD on the Nationally Critical black-billed gull, which examined population trends, the impacts of introduced and native predators, the impact of flows on productivity, and the species' relationship with agricultural ecosystems. 12000434 | 4075529 page 1 Since then, I have remained involved with the monitoring and management of threatened bird species on braided rivers, including providing expert advice for the Department of Conservation's braided rivers management plan, and the analysis of 50 years of black-billed gull monitoring data from South Island rivers. 8 Examples of other projects include: review of the Department of Conservation's Fiordland crested penguin (Eudyptes pachyrhynchus) monitoring programme; review of the Yellow-eyed Penguin Trust's work on yellow-eyed penguins (Megadyptes antipodes) on Rakiura (Stewart Island); avifauna (including seabird) restoration and management components of the Department of Conservation's Dusky Sound Restoration and Conservation plan, and the Project Janszoon restoration plan for Abel Tasman National Park; restoration plan for Long Point, Catlins, including reintroduction of seabird species including albatross; aerial surveys of Canterbury rivers for black-billed gulls; and provision of expert evidence on the effects of the Rena wreck on seabirds and shorebirds. 9 I presented evidence to this Special Tribunal regarding the bird habitat values of the upper Ngaruroro as part of the Stage 1 Hearing. 10 While this is not a hearing before the Environment Court, I confirm that I have read the code of conduct for expert witnesses contained in the Environment Court Consolidated Practice Note (2014). I have complied with it when preparing my written statement of evidence and I agree to comply with it when presenting evidence. I confirm that the evidence and the opinions I have expressed in my evidence are within my area of expertise. I have not omitted to consider material facts known to me that might alter or detract from the opinions that I express. Scope of evidence 11 For the purpose of the Stage 2 hearing of this Water Conservation Order application, I have been directed to provide evidence on bird habitat of the lower Ngaruroro River. The scope of this statement of evidence is as follows: (a) Overview of bird habitats of the Ngaruroro catchment; (b) Overview of the birds of the Ngaruroro catchment; (c) Relevant surveys and reports of Ngaruroro River avifauna; (d) The ecological significance of the habitats and bird species of the lower Ngaruroro; (e) Comparison with other braided rivers protected by Water Conservation Orders; 12000434 | 4075529 page 2 (f) The potential effects of river modifications on the habitats and bird species of the lower Ngaruroro; and (g) The lower Ngaruroro as outstanding habitat for birds. Summary 12 The lower Ngaruroro is the second largest braided river in the North Island, a historically rare ecosystem in New Zealand, and rare internationally. 13 The bird habitats of the lower Ngaruroro are of an outstanding nature as they: (a) Support a high diversity of waterbirds, including South Island pied oystercatcher, which breeds on no other river in the North Island, and black-billed gull (Nationally Critical), which is rare in the North Island; (b) Support one of the largest known populations in New Zealand of each of banded dotterel (Nationally Vulnerable), black-fronted dotterel (At Risk- Naturally Uncommon), and pied stilt (Not Threatened); (c) Support greater than 5% of the national populations of banded dotterel and black-fronted dotterel, and more than 1% of pied stilt population; and (d) Are part of a system of wetlands in the lower Ngaruroro area, including Waitangi Wetland, that may support more than 1% of the Australasian bittern population (Nationally Critical). Overview of bird habitats of the Ngaruroro River and its tributaries 14 The Ngaruroro River is one of the North Island's largest braided rivers1. The river can be divided into five main sections: (a) The upper reaches of the river above the gorge at Whanawhana (and its tributaries) which are mostly single channel. The upper reaches and tributaries flow through steep, rugged country which mostly comprises regenerating scrub and forest and some commercial pine plantations. The upper Ngaruroro and its many tributaries support a significant population of blue duck or whio, a specialist species of waterfowl dependent on high quality, fast flowing water; (b) The reaches between Whanawhana and the Fernhill Bridge which are extensively braided. Hundreds of hectares of bare gravels are available for New Zealand's specialist braided river bird species, all of which are 1 Wilson G. 2001: National distribution of braided rivers and the extent of vegetation colonisation. Landcare Research Contract Report LC0001/068. Prepared for the Department of Conservation, Twizel. 12000434 | 4075529 page 3 Threatened or At Risk. At least one tributary of this reach, Big Hill Stream, supports a small population of whio. This section also includes the only significant freshwater swamp associated with a river in Hawke's Bay2. Pigsty Swamp is an oxbow wetland caused by movement of the river away from the original channel, and is located approximately six kilometres downstream of the Whanawhana cableway, and drains to the river mainstem. A number of specialist wetland bird species such as Australasian bittern have been reported from this wetland; (c) The reach between Fernhill and the Chesterhope Bridge, which is less braided and mostly single channel, which also contains wide expanses of bare gravels that support braided river bird species; (d) The reach between the Chesterhope Bridge and the Waitangi Estuary and associated wetlands, which is largely channelised; and (e) The Waitangi Estuary and associated wetlands, including the gravel bars, and the Horseshoe Wetland. A diverse range of bird species are found at the estuary. Some bird species that roost or breed at this location will forage in the lower Ngaruroro, just as birds breeding in the lower Ngaruroro may feed in the estuary and wetlands. 15 This evidence addresses the bird values of the lower Ngaruroro River. Overview of the bird community of the Ngaruroro catchment 16 The bird community of the Ngaruroro catchment has been described by two authors, Dr Brent Stephenson3 and Dr Richard Seaton4, who both include terrestrial birds in their species lists. Dr Stephenson lists 83 bird species that inhabit the upper and lower riverbed, riparian habitats, freshwater wetlands, and the Waitangi Estuary and associated habitats. Dr Seaton lists 93 species that have been recorded from the Ngaruroro catchment since the early 1960s; his list includes some species that are now unlikely to be present (such as brown kiwi). Both authors include birds that are rare visitors to the river and estuary. I provide a combined list of all species in Appendix 1. 17 The combined list contains 58 bird species that are dependent on the river for some stage of their lifecycle. I have called these species
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