DOC would like to provide submitters and other interested people with the following information in response to the issues that have been raised. The issues listed are those most commonly raised i.e. more than 15 times each.
Octopus and shell, Great Barrier Island
(Roger Grace)
1. Marine reserves take away the rights of recreational fishers to fish.
Recreational fishers have a common law access right to New Zealand fisheries. However, this right does not guarantee amateur fishers unrestricted access to all waters. Statutory law prohibits fishing in some areas e.g. the Submarine Cables and Protection Act 1996 prevents fishing in some cable protection zones and the Fisheries Act 1996 is sometimes used to close some areas to fishing.
The fisheries within New Zealand's 200 nautical mile Exclusive Economic Zone (EEZ) are a public resource, the common property of all New Zealanders, with the Government holding management rights over them. The Government has the responsibility to look after this country's waters and fisheries and make decisions about their management.
Where the Government believes areas must be free of fishing to protect marine plants and animals, to underpin sustainable fisheries management or to provide for scientific study, then the Government has the power, and the responsibility, to close areas to fishing.
2. Because of inclement weather, the north-east coast of GBI is not over-fished and is therefore self-protecting. Fish do not need protecting as they are not at risk.
The purpose of the Marine Reserves Act 1971 is to preserve, as marine reserves for the scientific study of marine life, areas of New Zealand that contain underwater scenery, natural features or marine life, of such distinctive quality, or so typical, or beautiful, or unique, that their continued preservation is in the national interest.
The MR Act does not require proposed marine reserve areas to be heavily fished or, conversely, not fished at all. In addition, the purpose of the MR Act is not to protect fish.
It may well be that few people currently use the north-east coast of Great Barrier Island for recreational fishing. However, over time, it is likely that more people will use the area as the population of Auckland and other regions adjacent to the proposed reserve grow.
3. Greater restrictions should be placed on commercial fishing, or commercial fishing should be banned.
The Ministry of Fisheries is the Government agency responsible for the conservation and management of fisheries in this country. The Ministry manages commercial fishing in New Zealand under the Quota Management System (QMS).
It is true that commercial fishing has a significant impact on New Zealand's fisheries. However, fishing is a popular recreational activity for as many as one in five New Zealanders. Each year thousands of New Zealanders go fishing and take large numbers of finfish, rock lobsters and shellfish. These quantities, from a very wide range of species, can seriously affect local fisheries (Source: Ministry of Fisheries website).
4. Marine reserves don't work - where is the scientific evidence of the benefits of marine reserves?
Scientific research in marine reserves shows that marine reserves play important roles in:
- Conserving representative samples of biological diversity,
- Protecting critical sites for reproduction and growth of species,
- Protecting settlement and growth areas for marine species so as to provide spill-over into adjacent areas,
- Providing focal points for education about marine ecosystems,
- Providing sites for nature-based recreation and tourism,
- Providing undisturbed control or reference sites as a baseline for scientific research on the effects on marine life elsewhere, and
- Contributing to increased knowledge of marine ecosystems.
There have been many scientific studies undertaken to determine the benefits and effects of marine reserves, both in New Zealand and overseas. Some of the results are outlined below.
The number of legal-sized snapper in the Leigh marine reserve in 2003 was 28 times greater than outside the reserve (Source: University of Auckland fish monitoring report).
The average number of lobsters has almost doubled inside Leigh marine reserve in the last two years (Source: Coastal and Aquatic Systems Ltd lobster monitoring report, 2003).
Research has shown that reserves do not "lock up" fisheries resources. For lobster, catch per unit effort yield and costs are the same adjacent to a reserve as in open fishing areas nearby. Therefore, conservation goals are achieved at no cost to the fishery (Source: Babcock, R. 2003: The New Zealand marine reserve experience: the science behind the politics).
Blue cod are larger inside the Long Island-Kokomohua Marine Reserve than outside (Source: Davidson 2001).
Snapper increased in number and mean snapper size has increased in the Poor Knights Islands Marine Reserve (Source: Denny, C. M., Willis, T. J., Babcock, R. C. 2003. Effects of Poor Knights Marine Reserve on demersal fish populations. DOC Science Internal Series 142. Department of Conservation. 34p.).
In the Barbados Marine Reserve, 18 of 24 species were bigger inside the reserve than outside.
In the Maria Island Reserve in Tasmania, there has been a 260% increase in the number of rock lobsters within the reserve and rock lobsters in the reserve produce ten times more eggs than those outside the reserve.
In the Sumilon Island Reserve in the Philippines, research has shown that 18 months after fishing was resumed in the reserve, the total yield of fish was 54% less.
5. There has been a lack of consultation.
Most marine reserve proposals involve both pre-statutory consultation (occurs before a formal application is made) and statutory consultation (occurs after a formal application has been made) but only the statutory process is mandatory.
During the pre-statutory consultation for the GBI marine reserve proposal, DOC distributed about 4,500 copies of the proposal document, "A Marine Reserve for Great Barrier Island? - Your chance to have a say, and questionnaire to 180 organisations, groups and clubs and approximately 600 individuals from March 2003. DOC held meetings on GBI, in the Auckland region and in Whitianga.
Articles and advertisements appeared in a number of newspapers and magazines, including the NZ Herald, regional Auckland papers, Dominion-Post and Barrier Bulletin. Items also appeared on the following television programmes: Breakfast, TV One News and TV 3 News.
Information about the proposal was also available on the department's website, at the department's offices in Auckland, Warkworth and GBI and its Auckland Visitors Centre.
People will have an opportunity to make their views known on the GBI marine reserve proposal if DOC proceeds with it. The Marine Reserves Act 1971 outlines the process that must be followed for every marine reserve application. Each marine reserve application must be publicly notified at least twice in newspapers. Following notification, all interested persons will have two months to send their objections or submissions in support in writing to the Director-General of Conservation. The Minister of Conservation must consider all objections prior to approving a marine reserve.
6. Concern about not being able to anchor in a marine reserve.
Boats can anchor in a marine reserve so the creation of a marine reserve will not stop people anchoring or sheltering along the north-east coast of GBI. When anchoring, skippers are encouraged to minimise disturbance to the sea floor. In highly sensitive or heavily used areas inside marine reserves DOC may install moorings so skippers can anchor without disturbing the sea floor.
7. The proposed area is too big.
Many people have suggested that the proposed GBI reserve is too large and that they wish to continue to use parts of it. DOC is now looking closely at submissions received, and is gathering more information on how people use the proposed area. The impact that the establishment of a marine reserve may have on people who use the area will be carefully considered before DOC proceeds.
The proposed GBI marine reserve covers approximately 18% of GBI's coastline. Currently, New Zealand has 18 marine reserves that make up 7.34% of the territorial sea (area from the coast out to 12 nautical miles). If the current GBI proposal became a marine reserve this figure would increase to 7.64%.
8. There are enough/too many marine reserves already.
It is Government policy to achieve a target of protecting 10% of New Zealand's marine environment by the year 2010 (Source: NZ Biodiversity Strategy 2000). It is intended that marine reserves will contribute to this target.
9. Locals use the area for 'sustenance' fishing.
Many local residents and some visitors have said they use the Whangapoua estuary and coastal waters for gathering shellfish and sustenance fishing and that they would like to continue this activity. DOC is planning to discuss this issue further with residents and other people who may be affected by a marine reserve being established.
10. The area should be protected by a marine park instead of a marine reserve.
There are two New Zealand examples that show partial protection, such as excluding commercial fishing and placing restrictions on recreational fishing, does not always provide a high enough level of protection to marine areas.
Limited recreational fishing was allowed in most of the Poor Knights Islands Marine reserve from 1981, when it was established, until 1998. In the two years after fishing was prohibited in 1998, snapper numbers increased by 16 times. Other fish populations are now recovering to a more natural state.
At the Mimiwhangata Marine Park, limited recreational fishing has continued since 1984 when the park was created. Commercial fishing was prohibited in the area in 1994. A long history of monitoring of marine life since 1976 showed only a small change in populations of fish and crayfish up to the present. In 2002 and 2003 studies of snapper showed no difference inside compared to outside the marine park, so even the limited amount of recreational fishing in the park has an impact on the species that live within it.
11. The Navy area is a no fishing zone already.
It is true that fishing is not permitted in the Navy zone on the north-east coast of GBI. The Navy area was not established for the purpose of protecting marine biodiversity but may have the effect of doing so. If enforced properly, areas like the Navy zone on the north-east coast of GBI can prevent most activity that may threaten biodiversity values.
However, the Navy area does not contain many different types of marine habitat e.g. estuary, beach, deep water reefs etc. The marine reserve proposal that DOC has put forward for GBI includes many different types of marine habitat in one reserve.
12. Fishing pressure would increase elsewhere if a reserve was established on GBI.
Pressure may increase elsewhere if a reserve is created on the north-east coast of GBI. While DOC does not look specifically at the displacement of fishing effort, this issue is partially addressed by trying to locate marine reserves in sites that impact as little as possible on existing patterns of use in the area.
13. It would be difficult to police such an area.
Many aspects of law enforcement are difficult in New Zealand. For example, it is difficult for police to enforce speed limits as they do not have the ability to be on all roads at all times. This difficulty does not mean that we should forget about law enforcement in this country.
The day-to-day management of marine reserves is done by DOC, often with help from the local community. Honorary rangers sometimes assist DOC with aspects of marine reserve management, such as law enforcement. It is expected that DOC would cooperate with the Navy, Police, Customs Service and Ministry of Fisheries to police the GBI reserve, as it does for some other marine reserves in New Zealand.
14. Concern about being stopped within a marine reserve with fish on board which were caught outside of the marine reserve.
Fish caught outside a marine reserve can be transported on board a boat through a marine reserve. There is no problem with having fish on board a boat inside a marine reserve as long as the fish were caught outside the reserve.
15. There needs to be a strategy to create a marine protected areas network rather than an 'ad hoc' approach.
Government policy, as outlined in the New Zealand Biodiversity Strategy 2000, supports a strategy for establishing a network of areas that protect marine biodiversity. DOC is currently developing a strategy which aims to identify a network of areas that protect marine biodiversity in the Hauraki Gulf.
It is envisaged that key stakeholders and the wider community will be involved in the decision-making processes for this strategy. However, such an approach may take some time. For example, a strategic approach to marine protection that was undertaken in Victoria, Australia took approximately ten years to complete.
In the absence of a strategic approach, DOC must continue to follow Government policy and work towards the target of protecting ten percent of New Zealand's marine environment by 2010.
16. I use this area for customary fishing.
Some people told DOC that they use the estuary and other parts of GBI's north-east coast for customary fishing. DOC is planning to discuss this issue with local iwi and hapu. It is possible that areas of high value for customary fishing (e.g. parts of the Whangapoua estuary) could be excluded from the marine reserve.
There is no point creating a marine reserve as fishing is not the problem, sedimentation & pollution etc are problems and marine reserves do not stop these
Sedimentation, introduced marine pests and marine pollution are all threats to the marine environment. It is DOC's view that while management of these threats is critical to the long-term health of the marine environment, there is no reason to delay the creation of marine reserves when such reserves have proven benefits to marine life.
We have not let problems with pests, weeds and erosion stop us setting aside conservation areas on land e.g. national parks like Tongariro and reserves like Tiritiri Matangi. As a society we can handle many problems simultaneously. So whether it is water pollution, marine pests, threats from fishing or marine reserves, we can deal with them together.
17. Marine reserves should be in an accessible area.
The Marine Reserves Act 1971 does not specify that marine reserves be established in areas that are accessible to the public. The Act does state that the public should have the right of entry into the reserves so that they may enjoy, in full measure the opportunity to study, observe, and record marine life in its natural habitat.
18. Marine reserves should be in inaccessible areas, not good recreational fishing spots.
The Marine Reserves Act 1971 does not specify that marine reserves be established in areas that are inaccessible. However, the north-east coast is, as many submitters pointed out, inaccessible a lot of the time due to weather conditions and wind. It is also relatively inaccessible due to its geographic isolation e.g. it takes at least 2 hours to travel by boat from Auckland to the north-east side of Great Barrier Island.
19. I use the area for recreational activities such as diving, swimming, surfing, walking, building sandcastles.
Activities like diving and snorkelling, swimming, sunbathing, walking, surfing and building sandcastles are all permitted under the Marine Reserves Act so people can continue to enjoy these activities if a marine reserve is established on the north-east coast of GBI.
20. It is not possible to dive at the greater water depths of the proposed GBI reserve.
Marine reserves are not established specifically for divers. The purpose of the Marine Reserves Act 1971 does not state that marine reserves must be suitable for diving.