Marine Protection: Tell Me What You Want, What You Really Really Want

What are the marine protection tools available to Aotea and why would we bother? KATE WATERHOUSE takes stock as the Hauraki Gulf Marine Park turns 20. 

On 27 February the Hauraki Gulf Marine Park – which surrounds Aotea on all sides - turned 20. It is no cause celebration. The state of biodiversity, fish stocks, reefs, seabed and water quality has in most cases, never been worse, and climatic changes are set to make life more difficult for the thousands of birds, marine mammals and fish species that make their home in Tikapa Moana/ Te Moananui-ā-Toi.

This milestone will pass without the presence of Roger Grace, the man dubbed the father of marine reserves, who passed away in July 2019. At a Hauraki Gulf Forum seminar some years ago, he presented his famous talk on just how well marine reserves restore the sea. He noted how much effort it takes to restore bush and wetlands, then said: It’s easy to restore a marine environment. No planting, weeding or pest control. Just stop fishing. 

It’s hard to go past his logic, and yet in the Hauraki Gulf, marine protection is the kind of topic that gets you trolled on social media, any media, and guarantees criticism from the fishing industry and recreational fishers alike. Marine reserves are not a fisheries management tool they say. On the overwhelming scientific evidence, we beg to differ. Marine reserves are clearly going to be the engine of the recovery of the Gulf. All the scientific evaluation of the existing reserves at Goat Island, Hahei and Tawharanui shows this. 

Snapper and crayfish are bigger, more numerous and breed better, and act as seed populations for surrounding areas up to 30 km away, helping restore kelp reefs by eating kina. 

This is also why in mid-2019 the Hauraki Gulf Forum declared a “long term aspirational goal” of 20% of the Gulf under some form of marine protection. The Forum backed off the 30% target (called for as part of the UN’s Global Ocean Treaty). It also didn’t define just how much of the 20% would be no-take reserves. 

Lack of Action

There is huge frustration amongst participants in the Sea Change process at the lack of action. There are calls for reductions in takes of tarakihi, snapper, trevally, dory and kahawai before the so called ‘hard limit’, or collapse, is reached. Now crayfish stocks have plummeted to below 10% of their unfished state, fishers have opted not to fill quotas, and even MPI have had to act to save the stocks. 

Sea Change - What has it Delivered?

The Sea Change/Tai Timu Tai Pari Ministerial Advisory Committee (MAC) was established in July 2019 by Minister of Fisheries Stuart Nash and Minister of Conservation Eugenie Sage. Its members have expertise in subjects including science, matauranga Māori, environmental issues, law, economics, and commercial and recreational fisheries management. Its members are: 

• Catherine Harland (co-chair) 

• Paul Majurey (mana whenua co-chair, IMSB member) 

• Volker Kuntzsch (Sanford’s Chief Executive)

• Dr Jeremy Helson (Chief Executive of Fisheries Inshore New Zealand)

• Raewyn Peart (Policy Director, Environmental Defence Society)

• Dr John Montgomery (marine scientist)

• Tame Te Rangi (Ngāti Whātua, mana whenua representative)

• Dr Valmaine Toki (environmental lawyer, Waikato University)

• Liane Ngamane (Marutuahu, mana whenua representative)

• Dirk Sieling (New Zealand Sports Fishing Council (appointed 16 December 2019))

• Moana Tamaariki-Pohe (mana whenua representative, Deputy Chair, Hauraki Gulf Forum (appointed 16 December 2019))

The committee first met on 30 July 2019 and meets regularly to provide feedback and advice on the response strategy being put together by MPI and DOC. Asked why nothing had been done to date, Minister Sage said that while she could not speak for the previous government, delays had been down to the scope of the recommendations, lack of statutory frameworks and making sure they did not interfere with any Treaty negotiations in the area. It is a very ambitious plan. I am not sure why the former Government did not take action, but it is the first marine spatial plan, and as such we don't have legislation in place to implement it. In that, she was not strictly correct. 

Meanwhile in the ‘Bay of Empty’ the Motiti Decision Highlights a Way Forward

On 5 December 2019, the tiny Motiti Rohe Moana Trust learned they had won a High Court case to protect parts of its rohe being stripped of key species. Motiti is a privately owned, off-the-grid, 1,000 Ha low-lying island off the Bay of Plenty coast, near Astrolabe reef where the Rena sank. The trust has consistently advocated to protect and restore the moana surrounding Motiti, including through rahui, advocacy, submission and appeal of the Bay of Plenty Regional Coastal Environment Plan. 

They applied for a declaration from the court that it is lawful for the Council to include objectives, policies and methods (including rules) in its proposed Regional Coastal Environment Plan, in spatially defined parts of the coastal marine area, that avoid, limit or discourage fishing techniques or methods where the sole or dominant purpose relates to protection of biodiversity, significant habitat, natural character or the relationship of Māori with waters and taonga species. 

The decision confirmed that fishing controls are able to be used in regional plans as long as they are for resource management purposes. The decision clears the way for communities, via Regional Councils and the RMA, to use cultural and biodiversity protection mandates in the RMA, including controlling fishing if necessary. 

The Motiti Trust is now clear to implement their marine protection spatial plan, which includes taonga areas of no fishing and restrictions on fishing methods to restore and protect cultural values and marine biodiversity. Restricting no-take to three specific areas rather than all around the island means Motiti Māori, as kaitiaki, will still be able to obtain kaimoana. 

...It also paves the way for any iwi or community groups to argue for controls on fishing in the coastal marine area, and for councils to provide for this in their plans. 

Trust member Te Atarangi Sayers says:

This is concept … opens exciting opportunities for communities and hapu/iwi to get involved in practical ways to better manage shallow coastal habitats confronted with serious fishing pressure and biodiversity and habitat threats.  

Legislative Tools: There’s No Shortage

At a presentation to the Hauraki Gulf forum seminar in August 2019, MAC member Raewyn Peart outlined the options available. She regularly snorkles and dives around Aotea. The table below sums up her presentation. 

There are other tools too, including cable exclusion areas (fishing activities and anchoring are excluded to avoid damage to submarine cables – may inadvertently provide environmental benefits), and special legislation. Sugar Loaf Islands Marine Protected Area Act 1991; Fiordland (Te Moana Atawhenua) Marine Management Act 2005, are examples of this. 

A Striking Lack of Marine Reserves

There are only six existing marine reserves (totalling just 0.3% of the marine area), and some existing spatial fisheries restrictions in Hauraki Gulf Marine Park. The use of other tools in the Gulf is limited. Only one temporary closure is in place at Umupuia (for cockles/tuangi). There are no taiāpure or mātaitai, no fishing exclusions under regional coastal plans, no areas to be avoided by shipping and no marine mammal sanctuaries. 

In 2016, Sea Change recommended 13 new marine protected areas (MPAs) and extension of two existing marine reserves at Leigh and Hahei, plus establishment of Ahu Moana: Mana Whenua and Community Coastal Co-Management Areas out to 1km from shore. Sea Change also recommended phased withdrawal of benthic-damaging fishing methods (from the gulf. But as yet, nothing has changed.  

What are the Options on Aotea Great Barrier? 

Aotea Great Barrier Local Board are currently putting together their three year and annual plans. The 2017 plan included a marine protection objective, but little progress has been made. Newly-elected board member Valmaine Toki, also a member of the Sea Change MAC, has talked about MPAs on Aotea Great Barrier. Residents contributed to the Sea Change process and protests against marine dumping have demonstrated the community’s desire to protect the sea. The Voluntary Fishing Code developed by Bill Carlin in 2016 received good local support. 

But the ability to enforce local rules is problematic in the face of regular stripping of some local reefs, and trawling and seining is still permitted off the east coast of Aotea. Many people express a feeling that “something’s got to be done”. 

At a recent conservation hui on the island, participants highlighted the need for an iwi and community led process for marine protection, baseline monitoring of the state of the marine environment, community education on damage done by overfishing and marine pests, fisheries management reform, more use of customary tools, and a more holistic Ahu Moana view. 

This is the time to be practical and ask: What is our goal? Should it be to protect 30% of Aotea’s coasts? If so, which 30% would we choose and how should we do it? If not, then what is our goal? The tools are there. 

It has taken tiny trust Motiti to go to the High Court to uphold the tenets of the Resource Management Act - to protect significant coastal sites and biodiversity, such as Aotea has, from overfishing. Why wouldn’t we as community, mana whenua, residents and ratepayers, lead a process to make sure that our grandchildren can experience what we experienced as children. The flash of blue mau mau across the bow, watching a work-up move across the bay, the heavy tug of trevally or snapper on your line, watching a big moki cruise the kelp channels in the clear blue sea. 

Want to Take Action Now?

• Talk to the Aotea Great Barrier Local Board, currently putting together three year and annual plans. Ask for action on marine protection goal from the 2017 plan. 

• Contact local board member Dr Valmaine Toki, also on the Sea Change Ministerial Advisory Committee, and express your support for marine protection. 

• Contact Pippa Coom, Aotea’s new councillor, and co-chair of the Hauraki Gulf Forum. 

• Submit on the Aotea Area Plan being prepared by Auckland Council for consultation in 2020. 

References:

1. Sea Change online information: https://www.mpi.govt.nz/law-and-policy/legal-overviews/fisheries/our-fishery-management-initiatives/the-sea-change-marine-spatial-plan-for-the-hauraki-gulf/ 

2. Mountains to Sea Conservation Trust – update on Motiti Rohe Restoration Trust decision https://www.howtokit.org.nz/case-studies/rma-processes/motiti-rohe-moana-trust.html 

3. Newsroom, December 2019: https://www.newsroom.co.nz/2018/06/20/126202/motiti-island-template 

4. RMLA report on High Court Motiti decision: https://www.rmla.org.nz/2016/12/14/motiti-rohe-moana-trust-v-bay-of-plenty-regional-council-2016-nzenvc-240/ 

5. Peart, R. 2019. Legislative Tools (Presented to Hauraki Gulf Forum State of Our Gulf Seminar, 27 August 2019

6. Speir, D. 2014. Marine Conservation on Great Barrier Island. Environment News June 2014. GBIET

7. Grace, R. Want More Fish? Experiencing Marine Reserves. https://emr.org.nz/images/emr/pdf/why-mr/Why-do-we-need-MR-Dr%20Roger-Grace.pdf 

8. Outputs of the Aotea Conservation Workshop 18//11/19 session 1 feedback https://www.gbiet.org/aotea-collaborative-conservation-workshop