12 AUGUST NEW ZEALAND GAZETTE 2243

fishery are gradually increasing although the biomass for snapper which will sustain the maximum sustainable yield has yet to be reached. It must be said that the reports that I have read are based on modules and certain assumptions but subject to that qualification the weight of evidence is that fish stocks are slowly increasing.

In his report to the Minister on the Proposal Mr Drey acknowledged the localised depletion of popular species of fish in the Kawhia-Aotea Harbours and then said—

"The reasons for a localised depletion are also difficult to determine. Localised overfishing is one possible explanation and temporary or longer term changes in environmental conditions can also be a factor. One area of possible concern is the changes which have occurred to the bed of Kawhia Harbour, with the consequent loss of shellfish resources in this area. The extent to which the bottom dwelling or benthic community in the harbour currently provides suitable or attractive habitat for snapper and other finfish species is largely unknown. Whatever environmental conditions may apply at present, it will be necessary to adapt fishery management in the area to fit within that context. In many respects, fisheries management is primarily adaptive and changes constantly according to differing environmental conditions. A major problem in this instance, however, is determining what management response is appropriate, given a set of conditions which is not fully understood."

It is not possible for this Tribunal to determine whether the decline in fish stocks in the harbours has been brought about by over-fishing or through environmental reasons and it is possible that both have a part to play. Certainly it has been acknowledged that there has been over-fishing on the west coast at least up to 1986 when the present regime was put in place by what is now the Ministry of Fisheries.

During his submission on behalf of the New Zealand Fishing Industry Board, Mr Hollings made the point that the quota management system is recognised internationally as an innovative and successful approach to fisheries management and is aimed at ensuring long term sustainability of the resource. He went on to say—

"The general public seems unaware of the substantial change in the management of the commercial fishery that started in ’86 when the quota management system was introduced. Commercial fishing is now highly controlled to ensure sustainable management of the resource. A comprehensive fishery research programme is in place and commercial catch levels are reviewed annually. Fish species subject to the QMS are managed on a stock by area basis. For most species which are caught commercially in the Taiapure area sought, the stock boundaries extend over a much larger area. Fish movement throughout this area mean there is regular movement and mixing of fish inside and outside of the proposed Taiapure area. Accordingly, the total allowable commercial catches for each species are set for the entire fish stock over its range which includes open areas of the coast."

While the quota management system aims at managing the resource at a sustainable rate it is a system of general application rather than one which can be aimed at protecting the resource in specific areas. This application illustrates how the system can have its failings when measured against the requirements of traditional and recreational fishermen in certain areas. Subject to zoning and to compliance with any regulatory controls, holders of quota can catch their entitlement where they like. If commercial fishermen concentrate their fishing in a certain area then this is going to impact on the availability of fish in that area for local fishermen.

It appears that by virtue of circumstances this is what happens in the area of this taiapure. The importance of the coastal area has been emphasised by or on behalf of four major fishing firms. The prevalence of south westerly swells means that Albatross Point offers the only protection to trawlers over a vast area of coastline and that for safety reasons the trawl fleet prefers to pick up its nets in the area north of Albatross Point in adverse conditions. That area is where both the Kawhia and Aotea Harbours are situated. According to Roydon Hartstone fifty per cent of Hartstone Limited’s fleet of 10 trawlers which operate out of Raglan would turn south and fish between Raglan and Tirua Point. Twenty per cent of its total snapper catch would be caught in the coastal area of the taiapure, that is, if one allows for the one nautical mile exclusion zone and the two nautical mile harbour bubbles, in a passage three nautical miles wide for the 15 kilometre stretch between Taranaki Point and Albatross Point, and in a passage one kilometre wide over the 40 kilometre distance between Albatross Point and Tirua Point.

The evidence suggests that there is a pattern of commercial fishing dictated largely by the weather, whereby a large number of west coast trawlers fish the area of the taiapure and concentrate in the protected waters north of Albatross Point to lift their nets. The concentration of commercial fishing in this area impacts on customary and recreational users. Notwithstanding that in general terms the quota management system may be seen to be improving fish stocks, in the area of this taiapure no tangible improvement has been noted.

I cannot conclude that the concentration of fishing in the area outside the harbours brought about by the circumstances I have explained is the sole cause of the depletion of fish species within the harbours and along the coastal areas of the taiapure. It does however appear logical to conclude that it is one of the reasons and one that will have to be addressed if fish stocks in the taiapure are to be improved.

Assessment of Taiapure

I have found that the area of taiapure is large and that it extends into an important area of the commercial fishery. I have also found that the establishment of a taiapure, which will no doubt bring more regulation and control within its area, will impact on the interests of commercial fishermen. These are matters that I have to take into account in making recommendations to the Minister.

The other matter which I have to determine is whether the area of taiapure constitutes an area of special significance in accordance with section 174 of the Fisheries Act 1996.

The Proposal recites the fact of occupation of the coastal areas bordering the taiapure and evidence was presented of such occupation by Ngati Hikairo and other tribes. Mr Greenwood in his submission in support of the Proposal said that the number of Marae and hapu who traditionally fished the area or who had access to the fishing by agreement or treaty were in the order of 70.

Mr Drey in his Report to the Minister of Fisheries on the Taiapure Proposal commented on the customary significance of the area as follows:

"Customary Significance"

In preparing the Proposal, the applicants researched the "Rohe Potae" land claim. The history of this claim, which is documented in the Maori Land Court and the Department of Survey and Land Information, is of particular importance to local iwi. The claim includes a significant area of coastal water and this has been