Spatial Conflicts in New Zealand Fisheries: The Rights of Fishers and Protection of the Marine Environment Randall Bess, Ramana Rallapudi Marine Policy 31 (2007) 719–729 Adviser ： Hsueh – Jung Lu P. H. Ho P. H. Ho Advisee ： Yu - Sheng Hsiehy M M Adviser ： Hsueh – Jung Lu P. H. Ho P. H. Ho Advisee ： Yu - Sheng Hsiehy M M

Outline  Introduction  Spatial conflicts—a worldwide problem  Legislative obligations  The causes of spatial conflicts  Solutions to spatial conflicts  Conclusion  Introduction  Spatial conflicts—a worldwide problem  Legislative obligations  The causes of spatial conflicts  Solutions to spatial conflicts  Conclusion

Quota Management System (QMS) Quota Management System (QMS) Individual Transferable Quota (ITQ) Individual Transferable Quota (ITQ)Quota Management Management Area (QMA)Quota Management Management Area (QMA) New Zealand's fisheries management system 1.Introduction

Spatial Conflicts RecreationalFishing Marine Protected Area (MPA) Customary Fishing Commercial Fishing Legislative

2.Spatial conflicts—a worldwide problem Fishery Resources Scarce MPA Designation A Global System of Representative MPAs A Global System of Representative MPAs The public is placing higher value on marine biodiversity and complexity of marine communities. Marine(100%) MPA < 0.5% MPA(no-take) < 0.01% The World Conservation Union recommends the establishment of a global system of representative MPAs with 20–30% of each habitat type designated as no-take MPAs.

Large no-take MPAs As Sanchirico and Wilen observe, whether or not valid from a legal point of view, large no-take MPAs are regarded by fishers as a potential ‘taking’ action, similar to other arenas in which government institutions expropriate ‘property’. The lack of such an MPA policy framework in other nations, such as New Zealand, increases the difficulty government agencies have in explaining how the effects of establishing MPAs are addressed satisfactorily, even though they have successfully met relevant legislative criteria. Oceans Policy New Zealand, like several other coastal nations, is developing such a framework, referred to as the Oceans Policy, which may resolve spatial conflicts and ensure a balance between protecting the marine environment and deriving the greatest possible benefits from resource use. Lack of MPA Policy Large no-take MPAs Lack of MPA Policy Oceans Policy

3.Legislative obligations Commercial fishing rights ITQ TACC ‘Fishing for food or fun’ ‘Fishing for food or fun’ ‘Birthright for all’ ‘Fishing for food or fun’ ‘Fishing for food or fun’ ‘Birthright for all’ Taiapure-local fisheries Taiapure-local fisheries Mataitai reserves Taiapure-local fisheries Taiapure-local fisheries Mataitai reserves SMEEFSMEEF Recreational fishing rights Customary fishing rights Protection of the marine environment Protection of the marine environment avoid, remedy or mitigate the adverse effects of fishing

4.The causes of spatial conflicts Spatial conflicts intensify when competing uses of fisheries resources and varied levels of protection for the same area are recognized in legislation An ITQ holder’s right is defined as a proportional quantity of a fishstock The ITQ right does not provide exclusive access to the QMA, as recreational and customary fishers can also access the area Mataitai reserves exclude commercial fishing Government’s no-take policy, marine reserves exclude all fishing activities Marine farming provides the right to establish structures and occupy coastal space ITQ holders generally consider their rights have been continually eroded Spatial conflicts intensify when competing uses of fisheries resources and varied levels of protection for the same area are recognized in legislation An ITQ holder’s right is defined as a proportional quantity of a fishstock The ITQ right does not provide exclusive access to the QMA, as recreational and customary fishers can also access the area Mataitai reserves exclude commercial fishing Government’s no-take policy, marine reserves exclude all fishing activities Marine farming provides the right to establish structures and occupy coastal space ITQ holders generally consider their rights have been continually eroded

Cumulative effects Marine Reserves Customary Fishing areas Competition with Marine Farming

5.Solutions to Spatial Conflicts Fisheries Plans MPA Policy and Implementation Plan New marine reserve legislation Oceans policy Compensation

5.1 Fisheries plans Fishery information social economic cultural biological

Objectives ClearMeasurable Contingency plans Achieve the objectives Performance measures and monitoring and review systems Specification of regulatory measures and services Variations in circumstances Known risks

2.MPA Policy and implementation plan The MPA Policy is the first step in shifting the focus for establishing marine reserves from setting aside areas for scientific study to biodiversity protection. Because the MPA Policy does not have legislative status, it cannot supersede existing rights recognised in legislation. For this reason, the MPA Policy cannot be used to make allocation decisions on the use of the marine environment. However, the value of the MPA Policy depends largely on the willingness of people to defer taking action on their right to apply for particular spatial tools until the planning process has occurred for a given area. The MPA Policy is the first step in shifting the focus for establishing marine reserves from setting aside areas for scientific study to biodiversity protection. Because the MPA Policy does not have legislative status, it cannot supersede existing rights recognised in legislation. For this reason, the MPA Policy cannot be used to make allocation decisions on the use of the marine environment. However, the value of the MPA Policy depends largely on the willingness of people to defer taking action on their right to apply for particular spatial tools until the planning process has occurred for a given area.

amending the purpose of establishing marine reserves from setting aside areas for scientific study to protecting marine biodiversity, establishing marine reserves within the EEZ, expanding the criteria for assessing effects on user groups, providing explicit recognition of customary fishing rights and consideration of cultural traditions in the area, removing the provision under the 1971 Act that gives the Minister of Conservation discretion to allow for limited fishing, and removing the concurrence role for the Ministers of Fisheries and Transport. many Maori and commercial fishers preferring the Bill retain the concurrence role of the Minister of Fisheries to better ensure their rights are upheld, Maori wanting the Bill to be amended to provide for their input and participation, as opposed to the Bill’s stated obligation to consult with them, and commercial fishers objecting to the Bill’s emphasis solely on establishing marine reserves, preferring greater consideration be given to the regulatory measures available under the 1996 Act when developing the MPA network 3.New marine reserve legislation issues raisethe Bill include

4.Oceans policy Government has agreed Develop Oceans Policy include Policy Upholding individual rights Risks Legislative A draft discussion document is expected to be released in 2007

5.Compensation Maintaining a balance between competing rights to utilise fisheries resources and legislative obligations to protect the marine environment could be facilitated by provisions that allow compensation to be paid to affected parties. The sole legal challenge regarding the effect that establishment of a marine reserve had on commercial fishers was dismissed Maintaining a balance between competing rights to utilise fisheries resources and legislative obligations to protect the marine environment could be facilitated by provisions that allow compensation to be paid to affected parties. The sole legal challenge regarding the effect that establishment of a marine reserve had on commercial fishers was dismissed

6.Conclusion Like other coastal nations, New Zealand uses a range of legislative obligations for utilising fisheries resources and protecting the marine environment, some of which are inconsistent and result in spatial conflicts between competing rights. Fishing rights and protect the marine environment cannot be satisfaction Development fisheries plans and MPA Policy increase awareness of each other’s right to fish Oceans Policy is to address fishing rights and protect the marine environment The question remains Like other coastal nations, New Zealand uses a range of legislative obligations for utilising fisheries resources and protecting the marine environment, some of which are inconsistent and result in spatial conflicts between competing rights. Fishing rights and protect the marine environment cannot be satisfaction Development fisheries plans and MPA Policy increase awareness of each other’s right to fish Oceans Policy is to address fishing rights and protect the marine environment The question remains

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