Spatial Conflicts in New Zealand Fisheries: The Rights of Fishers and

Protection of the Marine Environment

Spatial Conflicts in New Zealand Fisheries: The Rights of Fishers and

Protection of the Marine Environment

Randall Bess, Ramana RallapudiRandall Bess, Ramana Rallapudi

Marine Policy 31 (2007) 719–729Marine Policy 31 (2007) 719–729

AdviserAdviser ：： Hsueh – Jung LuHsueh – Jung Lu P. H. HoP. H. HoAdviseeAdvisee ：： Yu - Sheng Yu - Sheng HsiehyHsiehy

M96310016M96310016

AdviserAdviser ：： Hsueh – Jung LuHsueh – Jung Lu P. H. HoP. H. HoAdviseeAdvisee ：： Yu - Sheng Yu - Sheng HsiehyHsiehy

M96310016M96310016

OutlineOutline

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

QQuota uota MManagement anagement

SSystem ystem (QMS)(QMS)

QQuota uota MManagement anagement

SSystem ystem (QMS)(QMS)

IIndividual ndividual TTransferable ransferable

QQuota uota (ITQ) (ITQ)

IIndividual ndividual TTransferable ransferable

QQuota uota (ITQ) (ITQ)

QuotaQuota MManagementanagement

AArea rea (QMA) (QMA)

QuotaQuota MManagementanagement

AArea rea (QMA) (QMA)

New Zealand's fisheries management systemNew Zealand's fisheries management system

1.Introduction1.Introduction

Spatial Conflicts

Recreational Recreational FishingFishing

MMarine arine PProtected rotected

AArea rea (MPA)(MPA)

CCustomary ustomary FFishingishing

CCommercial ommercial FFishingishing

LegislativeLegislative

2.Spatial conflicts—a worldwide problem2.Spatial conflicts—a worldwide problem

Fishery Resources Scarce Fishery Resources Scarce

MPA Designation 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 obligations3.Legislative obligations

Commercial fishing rightsCommercial fishing rightsCommercial fishing rightsCommercial fishing rights ITQ TACCITQ TACCITQ TACCITQ TACC

‘ ‘Fishing for food or fun’ Fishing for food or fun’ ‘‘Birthright for all’Birthright for all’

‘ ‘Fishing for food or fun’ Fishing for food or fun’ ‘‘Birthright for all’Birthright for all’

Taiapure-local fisheriesTaiapure-local fisheriesMataitai reservesMataitai reserves

Taiapure-local fisheriesTaiapure-local fisheriesMataitai reservesMataitai reserves

SMEEFSMEEFSMEEFSMEEF

Recreational fishing rightsRecreational fishing rightsRecreational fishing rightsRecreational fishing rights

Customary fishing rightsCustomary fishing rightsCustomary fishing rightsCustomary fishing rights

Protection of the Protection of the marine environmentmarine environmentProtection of the Protection of the

marine environmentmarine environment

avoid, remedy or mitigate the adverse effects of fishing

4.The causes of spatial conflictsSpatial 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 fishingGovernment’s no-take policy, marine reserves exclude

all fishing activitiesMarine farming provides the right to establish structur

es 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 fishingGovernment’s no-take policy, marine reserves exclude

all fishing activitiesMarine farming provides the right to establish structur

es 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

5.5.Solutions to Solutions to SSpatial patial CConflictsonflicts

Fisheries Plans

MPA Policy and

Implementation Plan

New marine reserve

legislationOceans policy Compensation

5.1 Fisheries plans 5.1 Fisheries plans

Fishery informationFishery information

socialsocial

economiceconomic

culturalcultural

biologicalbiological

OObjectivesbjectivesClear Measurable

Contingency Contingency plansplans

AAchieve the chieve the oobjbjectivesectives

Performance Performance measures and measures and

monitoring and review monitoring and review systemssystems

Specification of regulatory

measures and services

Variations in circumstances

Known risks

2.MPA Policy and implementation plan2.MPA Policy and implementation planThe 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 3.New marine reserve legislation

issues raisethe Bill include

4.Oceans policy 4.Oceans policy

Government has agreedGovernment has agreedDevelopDevelop

Oceans PolicyOceans Policy

includeinclude

PolicyPolicy

UUpholdingpholding individual rightsindividual rights

RRisksisks

LLegislativeegislative

AA draft discussion document is draft discussion document is expected to be released in 2007expected to be released in 2007

5.Compensation 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

ThanksFor

Your Attention

ThanksFor

Your Attention