Minister of Fisheries

Minister of Conservation

The Honourable Phil Heatley and Honourable Kate Wilkinson,

We write to you to act to protect the future of one of New Zealand’s treasures – our own endemic Black Petrel which breeds only in the Hauraki Gulf, on Great Barrier and Little Barrier Islands.

The Black Petrel is threatened with extinction as a result of the inshore snapper and bluenose fishery where Ministry of Fisheries’ own risk assessment, recently estimated that between 725 and 1524 birds may have been killed each year in the period 2003 to 2009. Land-based research at their breeding colonies indicates the species’ population is declining at a rate of around 1.8 % per year. The Auckland Council’s recently released 30 Year Spatial Plan contains a biodiversity target of no extinctions. If this level of Black Petrel bycatch continues, this species is headed for extinction well inside 30 years. The national significance of the Hauraki Gulf is recognised in the Hauraki Gulf Marine Park Act. Management objectives require the protection, and where appropriate, enhancement of the natural resources of the Hauraki Gulf, its islands and catchments.

On Friday 16th September a meeting took place in Auckland, the attendees at which have now formed the Black Petrel Action Group. This was the result of the high level of concern raised by the publication of the Ministry of Fisheries Seabird Risk Assessment which identifies the Black Petrel as the most at risk species from commercial fishing in New Zealand. Dr. Matt Rayner also highlighted this issue in his presentation at the Auckland Museum on 9 August when the Hauraki Gulf Forum released its third State of the Environment Report for the Gulf.

Great Barrier Island Charitable Trust, Birdlife International, Forest & Bird, WWF-New Zealand, and leading seabird scientists from the Auckland Council and Wildlife Management International Limited met to discuss the birds’ status and what actions could be taken to protect this bird.

What we consider is particularly unacceptable is the fact that mitigation measures exist which, if used, would prevent Black Petrel being killed on boats in the most high-risk inshore fisheries. Unfortunately evidence suggests that mitigation techniques are neither in use consistently nor are regulations enforced within fisheries responsible for the majority of Black Petrel deaths. Specifically, the causes of the high rates of Black Petrel bycatch within the inshore fishery include:

• inadequate implementation of required mitigation e.g. tori lines and weighted lines
• poor observer coverage and lack of compliance measures in the high-risk fisheries
• lack of appropriate regulations for the high-risk fisheries.

Black Petrel are as much an iconic species to New Zealand as are brown kiwi and equally threatened. We do not accept the level of risk posed by fisheries to this bird, particularly one which has a crucial ecosystem component as an apex predator.

Snapper is the most sought after eating fish in Auckland. The public would be appalled to think that their beloved snapper is directly causing the decline of this species. Our group is asking you as the accountable Ministers to take immediate action to prevent further unnecessary deaths of the Black Petrel. We request the following:

1. Increase observer coverage of the inshore bottom longline and trawl snapper and bluenose fisheries: If fishers cannot support a person on board, then installation of surveillance cameras is the next best option, as is being planned for in Australian waters. Due to the high-risk to Black Petrel we expect that observer coverage (including cameras) should be at least 50% in high-risk fisheries, until bycatch is eliminated or petrel deaths are near zero.

2. Enforce existing regulations: It appears that existing regulations are not being applied consistently, in particular the requirement to use tori lines to defend sinking hooks, and the use of adequate line-weighting to ensure that baited hooks sink rapidly below the surface and away from access to feeding birds. For example, we understand that the Leigh Fishermen’s Associations’ Code of Practise predates the current regulations.

3. Improve the effectiveness of regulated mitigations: Existing regulated mitigation is inadequate to prevent Black Petrel (and other seabirds) from being caught on longlines. For example, Black Petrel feed both at night and during the day, so night setting is not an effective mitigation method in the snapper fishery where most interactions are with petrels and shearwaters.

4. Trial an exclusion area around Black Petrel feeding grounds during breeding and chick rearing: We are considering proposing a fishing exclusion area around the Black Petrel’s breeding grounds, based on available tracking and mortality location data. We are in the process of analysing the data and anticipate presenting the results and management recommendations to the Hauraki Gulf Forum.

5. Implement a revised National Plan of Action for Seabirds: It is clear that the Black Petrel is the’ tip of the iceberg’ in terms of seabird bycatch in New Zealand waters. Between 22,500 and 40,000 seabirds may be killed annually in New Zealand fisheries, despite New Zealand’s commitment to the Agreement on the Conservation of Albatrosses and Petrels (ACAP) and other international agreements, it still claims to operate the most sustainable fisheries management system in the world. We currently have no operational National Plan of Action for Seabirds. We urge you to revise and implement an FAO-compliant NPOA-S as a matter of priority enable New Zealand to reduce seabird bycatch in our fisheries rapidly and effectively.

Our group has discussed this issue with a number of interested parties who have also copied in to this letter.

Yours sincerely

The Black Petrel Action Group:

Birdlife International and Forest & Bird (Contact: Karen Baird Birdlife International Global Seabird Programme Pacific Coordinator) and contact for service
Ngati Rehua Trust Board (Chairperson: Rawiri Wharemate)
Great Barrier Island Charitable Trust (Contact: Kate Waterhouse, Trustee)
WWF-NZ (Contact: Victoria Travers, Programme Leader Auckland Marine Matters)
Little Barrier Island (Hauturu) Supporters Trust (Contact: Dr Matt Rayner, Trustee)
Wildlife Management International (Contact: Elizabeth Bell)

CC
Mike Lee, Auckland City Counsellor
Tim Higham, Manager, Hauraki Gulf Forum
Dr Tim Lovegrove, Senior Regional Advisor [Fauna], Auckland Council
Dr Todd Landers, Scientist [Terrestrial Ecologist], Auckland Council
Mook Hohneck (CEO Moko Trust) Ngati Manuhiri
Nikki Kaye, Member of Parliament for Auckland Central (including the Gulf Islands)
Christine Rose, Labour candidate –Rodney electorate
Janice Molloy, Southern Seabirds Solutions
Wayne McNee (CEO MAF)
Al Morrison (DG DOC)