Agenda of Maori Committee - 28 August 2012

	Agenda Item	Action	Person Responsible	Due Date	Status Comment
1.	Maori Committee Appointments to other Council Committees	Decision to be made at August meeting re replacement for Jan Aspinall	VM	August	Agenda paper to be presented at August meeting
2.	Wairoa AFFCO Consent Appeal	Advise Committee once conditions are accepted	CD/MM	August	Still awaiting decision from the Environment Court

HAWKE’S BAY REGIONAL COUNCIL

Maori Committee

Tuesday 28 August 2012

SUBJECT: Longfin Eel

Reason For Report

1. This report has been prepared to inform the Maori Committee members of the problems faced by the New Zealand Longfin eel. The report, intended for information only, provides options available to Council to promote protection of Longfin eels until there is a better understanding of how the fishery can be managed sustainably.

Strategic Fit

2. The Hawke’s Bay Regional Council has a focus on protection of in-stream habitat to ensure the ongoing viability and resilience of Longfin eels. Mechanisms include the setting of minimum flows, supporting the elver trapping and transport programme carried out by the Lake Waikaremoana Hapu Restoration Trust, with support from Genesis Energy, and setting of in-stream water quality limits through policy or consenting processes. Lake Poukawa and Whakaki Lagoons have been designated areas where harvest is prohibited but allows for customary.

3. Freshwater eel fisheries are managed for sustainability and use through the Quota Management System (QMS) under the Fisheries Act 1996, administered by the Ministry of Primary Industries. A key aspect of management under the QMS is the catch limit set by the Minister of Fisheries and Aquaculture, which forms the basis of an Annual Catch Entitlement (ACE) allocated to quota owners.

4. In addition, unlike any other exploited fish species, the freshwater eel fisheries around the world are based entirely on pre-spawning fish i.e. adult fish are harvested before they have opportunity to reproduce. This presents difficulties in applying sustainability measures. Worldwide freshwater eel fisheries are in serious decline because of over exploitation of juvenile elvers, in particular glass eels.

5. The New Zealand eel fisheries, although faced with similar challenges from exploitation, habitat loss, and the effects of hydro dams and other obstructions to fish passage, are possibly in better health than the comparable Japanese, European and American eel fisheries. Glass eel harvesting is prohibited in New Zealand, nevertheless New Zealand eel stocks remain vulnerable.

Background

6. Three species of freshwater eels (family anguillidae) are found in New Zealand. The Longfin eel (Anguilla dieffenbachii), the Shortfin eel (Anguilla australis) and the Australasian Longfin eel (Anguilla rienhardtii). The Shortfin eel is native to New Zealand but can also be found in South East Australia. The Australasian Longfin eel is a recent arrival to New Zealand and is found in relatively small numbers only in the North Island. The Longfin eel is endemic to New Zealand and occurs in both islands. A report on threat classification rankings for freshwater fish (Allibone et al, 2009) lists the national Longfin eel population as “declining” and the Shortfin eel population as “not threatened”

7. MPI comment “The latest Department of Conservation (DOC) threat classification for Longfin eels was based, amongst other things, on recruitment data. This information also informed significant fisheries management changes in 2007, including a 60% reduction in North Island Longfin stocks. Updated fishery status indicators are due to be reported over the following year. This information will show whether the 2007 changes have been sufficient and if additional management intervention is required”.

Ecology

8. All freshwater eels begin life in the ocean. After undertaking a long migration to an unknown destination in the South West Pacific Ocean, the adults spawn. The larvae are passively carried back to land via ocean currents, where they develop into glass eels that migrate into river systems. Once in freshwater the glass eels become pigmented and develop into elvers as they swim upstream. Eels are very slow growing (15 to 25 mm per year, depending on food availability and temperature) and breed only once, at the end of their lives.

9. Longfin female eels can grow to almost 2000 mm and to over 50 kg in weight, reaching ages from 30 to 100 years before maturing sexually. The average age of maturing Longfin female eels in Hawke’s Bay has been recorded at 27 years. Males reach maturity earlier at 15 - 45 years. The long time required to achieve reproductive maturity makes them particularly vulnerable to capture before they can spawn.

10. The two most common species of freshwater eel in New Zealand (the Longfin and Shortfin) have different habitat preferences. Longfin eels prefer fast-flowing rivers and are distributed from the coast to inland high-altitude rivers, whereas Shortfin eels are found closer to the coast and are typically associated with slower flowing systems such as wetlands, lagoons etc.

11. They also differ in their growth rates and the age they achieve reproductive maturity. Longfin eels are slower growing than the Shortfin eel, almost half the rate of growth of Shortfin eels. They also reach reproductive maturity at an older age, which makes them more vulnerable to commercial fishing practices.

Factors Influencing Longfin Eel Population Decline

12. Barriers to migration – Habitat loss has been identified as a problem facing the Longfin eel population. This is particularly prevalent in the South Island where it has been identified that hydro dam development has reduced the availability of upstream habitat.

13. Structures such as dam walls, weirs etc. (coupled with reduced water quality in catchments) contribute to a reduction in the recruitment of Longfin elvers. Concerns have also been expressed about the safe passage of mature female silver eels embarking on their spawning migration. When migrating to the sea from high altitude areas, female eels tend to follow the “path of least resistance”. This can result in them entering turbines in hydro dams which causes death and the loss of potential recruitment. Some hydro dam schemes have mitigation measures in place to aid the upstream and downstream movement of Longfin eels. Options such as fish passes and diversion channels respectively have been used with varying levels of success. Diversion channels are not the preferred option for the female eels; they are more likely to choose an overflow slipway over a low discharge diversion. Other options proposed have included capture of Longfin females on their downstream passage with the intention of transferring them to the lower reaches of river systems. There are risks with this approach because little is known about the requirements of the female eels for their morphological and biophysical changes before entering the ocean, i.e. how long females stay in the estuaries to complete the transformation to a ‘marine’ species.

14. Commercial fishing - There was a rapid increase in commercial catches during the late 1960s, with catches rising to a peak of 2077 tonnes in 1972. Landings were relatively stable from 1983 to 2000, a period when access to the fishery was restricted, although overall catch limits were not in place. In 2000-01 landings dropped to 1070 tonnes, and these were further reduced during 2001-02 to 2004-05 as eel stocks were progressively introduced into the Quota Management System (QMS).

The Quota Management System

15. On the 1st October 2004 North Island eel stocks were brought into QMS by the Minister of Fisheries. The decision to introduce North Island eel stocks into the QMS followed the introduction of South Island and Chatham Islands eel stocks on 1 October 2000. Introduction of eel stocks in to the QMS places controls on the amount of fish that may be taken by commercial fishers from each quota management area (QMA).

16. The quota management areas comprise 4 areas surrounding the North Island of which the Hawke’s Bay stocks belong to the SFE22 / LFE22 Hawke Bay/Wellington area.

Figure 1: Quota management areas (QMAs) for shortfin (SFE) and Longfin (LFE) stocks in the North Island

17. Areas closed to commercial eeling are those administrated under the Wildlife Act 1953, Reserves Act 1977, National Parks Act 1980, and Ecological, Sanctuary, Wilderness, and Wildlife Management areas administered under the Conservation Act 1987. In addition, closures under the Fisheries Act 1996 have also been imposed for the purpose of increasing spawner escapement i.e. Whanganui River.

18. There are currently a limited number of officially designated areas where commercial fishing is prohibited but where customary fisheries for Maori are permitted. In the North Island, these include the Taharoa lakes (Kawhia), Whakaki Lagoon (Wairoa), Lake Poukawa (Te Hauke), and the Pencarrow lakes and tributaries (Wellington). In the South Island, these include parts of the Pelorus River (Nelson) and Lake Ellesmere (Te Waihora), Lake Forsyth (Te Wairewa), the Ahuriri Arm of Lake Benmore, the Rangitata River lagoon, and the Waihao River and Wainono Lagoon.

19. Data obtained from surveys on the Poukawa catchment following the ban on commercial harvesting activities indicate an increase in the size and weights of eels collected.

20. MPI commission research on the commercial catch per unit fishing effort (CPUE) and size frequency of commercial catch as described in their published plenary report, 2012

Recruitment Indicators

21. MPI also commissions research to monitor upstream elver and juvenile eel passage at hydro-electric power station dams and other locations. Data have been collected since the early 1990s. The monitoring includes collecting information regarding the quantity and species composition of all elvers and juvenile eels (Longfin and Shortfin eels). Elver numbers monitored from four sites within the North Island (Karapiro, Matahina, Piripaua and Patea) indicate that overall elver numbers are relatively stable. However Longfin elvers appear to be in decline.

22. The dominance of Longfin in the adult population prior to the 1970s suggests that the proportion of Longfin in overall elver numbers may have been higher previously. More recently, the proportion of Longfin elvers recorded as a percentage of the total catch at Karapiro Dam has reduced from around 25-30% over the period 1995-96 to 1998-99, to around 9-10% from 2002-03 to 2004-05. In 2005-06, the percentage of Longfins increased to 22% of the total elver catch, but declined to near 15% in 2006-07. These figures show that there is annual variation in the numbers of recruiting Longfin elvers.

Mechanisms to Improve the Fishery

23. At a national level, the Hawke’s Bay Regional Council could lobby central government to support a temporary ban on commercial eeling in areas preferred by Longfin eel until further information can be gathered to assist with sustainable management of the fishery in the long term.

24. At a regional level, support could be gained from local iwi to impose a Rahui in areas preferred by the Longfin eel. Further areas could be designated to allow for customary fishing only, such as those imposed on Whakaki Lagoon and the Poukawa basins.

25. Other options at a regional level – Improving fish passage at structures identified to prevent migration of Longfin eels would increase the available upstream habitat. Recently Longfin eel have been designated as the critical species for flow setting in river catchments. By setting appropriate flows and allocations, it ensures the availability of physical habitat for Longfin eels. In addition, improving water quality in catchments via nutrient and riparian management will improve instream habitat quality for Longfin eels. These measures would assist in increasing the longevity of this species into the future. .

DECISION MAKING PROCESS

26. Council is required to make a decision in accordance with Part 6 Sub-Part 1, of the Local Government Act 2002 (the Act). Staff have assessed the requirements contained within this section of the Act in relation to this item and have concluded that, as this report is for information only and no decision is to be made, the decision making provisions of the Local Government Act 2002 do not apply.

References

27. R Allibone, B David, R Hitchmough, D Jellyman, N Ling, P Ravenscroft & J Waters (2010): Conservation status of New Zealand freshwater fish, 2009, New Zealand Journal of Marine and Freshwater Research, 44:4, 271-287

28. Ministry for Primary Industries (2012). Report from the Fisheries Assessment Plenary, May 2012: stock assessments and yield estimates. Compiled by the Fisheries Science Group, Ministry for Primary Industries, Wellington, New Zealand. 1194 p.

RECOMMENDATION

1. That the Maori Committee receives the report.

Fiona Cameron

Senior Resource Analyst

Adam Uytendaal

Team Leader Water Quality & Ecology

Iain Maxwell

Group Manager Resource Management

Attachment/s

There are no attachments for this report.

HAWKE’S BAY REGIONAL COUNCIL

Maori Committee

Tuesday 28 August 2012

SUBJECT: Biodiversity Strategy

Reason for Report

1. This report provides an update on the development of the Hawke’s Bay Regional Biodiversity Strategy being led by Council.

Strategic Regional Context

2. The Hawke’s Bay Land and Water Management Strategy (LWMS) released in November 2011 outlines the strategic direction for the management of land and water in the region.

3. The LWMS contains a range of actions that are required to implement it including Action 2.8: Council will develop a regional biodiversity strategy.

4. Policies in the LWMS which the development of a Biodiversity Strategy aligns with are:

1.3. HBRC works closely with partner agencies and stakeholders on water and land management

2.4. (& 3.19) Riparian planting and fencing in appropriate areas is promoted (Regional Landcare Scheme)

2.5. Effective pest control reduces vegetation loss and increases farm productivity, profitability and biodiversity

2.7. Ecologically significant wetlands are protected

2.8. Areas of indigenous vegetation and wetlands are recognised for the services they provide to farming systems as well as to overall biodiversity, cultural and recreational values of the area.

3.23. Develop an integrated catchment approach to land and water management

4.3. Facilitate open processes for community and stakeholder collaboration and informed participation on policy development and implementation of this Strategy.

5. In the 2012-2022 Long Term Plan Council committed to developing a Biodiversity Strategy over the next 18 months.

5.1. The LTP (The Right Debate: Resilient Ecosystems, Part 2.1, Page 3) recognised that: “Having broad agreement and collaboration of all stakeholders on a biodiversity strategy is vital to achieve the necessary changes in land and water management required for sustainable indigenous ecosystems in the region”;

5.2. Council has allocated funding of $87,500 in the 2012/2013 year, with a further $15,500 allocated in the following year.

6. Nature Central: The Department of Conservation and the Hawke’s Bay, Greater Wellington and Horizons Regional Councils have established steering and working groups to assess ways the agencies can work more collaboratively. There are likely to be biodiversity gains achieved from this approach. A preliminary meeting has been held with Department of Conservation to discuss the Biodiversity Strategy project in the context of Nature Central.

National Context

7. The New Zealand Biodiversity Strategy 2000 states its primary goal as “halting decline in New Zealand’s indigenous biodiversity by 2020”.

8. The Ministries of Conservation and Environment issued a Statement of National Priorities for Protecting Rare and Threatened Indigenous Biodiversity on Private Land in 2007. The statement is non-statutory and is intended to inform Council (and others) in managing biodiversity on private land. It identifies four priorities:

8.1. Protect indigenous vegetation associated with land environments less than 20 per cent remaining in indigenous cover.

8.2. Protect indigenous vegetation associated with sand dunes and wetlands.

8.3. Protect indigenous vegetation associated with ‘originally rare’ terrestrial ecosystems.

8.4. Protect habitats of acutely and chronically threatened indigenous species.

9. The Proposed National Policy Statement for Indigenous Biodiversity includes, among other things, policies to promote the retention of existing vegetation, whether indigenous or not (if, for example, it provides habitat which supports indigenous biodiversity). If the NPS comes in to effect in its current form, HBRC would be required to: identify areas of significant biodiversity within five years / ensure there is no net loss of significant indigenous biodiversity. The Government intends to consider the report from the Waitangi Tribunal on claim 262 before finalising the NPS.

What is the Biodiversity Strategy?

10. The purpose of the Biodiversity Strategy is to:

10.1. set out a framework that will guide activities that protect and manage indigenous biodiversity in the Hawke’s Bay region;

10.2. set long term goals to achieve effective habitat protection to enable successful and diverse ecological systems;

10.3. identify priority areas for action and/or any funding commitment required, as well as the respective contributions of all stakeholders toward achieving those goals.

Strategy Development Process

11. The Biodiversity Strategy will be developed with a working group comprising the Department of Conservation, territorial authorities, hapū and iwi, Fish and Game, Federated Farmers, HB Forestry Group and other relevant parties. HBRC will initiate and facilitate the process.

12. The working group will determine the scope of the Biodiversity Strategy including its reach (exotic forests? marine environment?), timeframe (10, 100 years?) and how it will be implemented by contributing agencies.

13. Terms of Reference and Scope will be brought back to the October meeting of the Environment and Services Committee for approval.

14. The Biodiversity Strategy document will be developed over 18 months.

What next?

15. The Biodiversity Strategy document will be developed over the next 18 months roughly following the following timeframe:

15.1. July, August 2012: Review of regional and national approaches to biodiversity management (80% completed).

15.2. August 2012: Council stock-take. What Council is already doing with regard to biodiversity (80% completed).

15.3. August 2012 – ongoing: Work closely with Department of Conservation. This will particularly involve the synchronisation of databases to determine priority areas and to assess projects where efficiencies could be realised in light of the Nature Central commitment.

15.4. September 2012 - Establish Biodiversity Strategy Working Group.

15.5. September 2012 - March 2014: Four-ix meetings of Biodiversity Strategy Working Group with intention of delivering a Strategy.

15.6. Implementation of the Strategy will require ongoing resourcing by HBRC and contributing agencies. It is envisaged that over time, reporting and budgeting across Council in relation to biodiversity activities and outcomes will follow the direction of the Strategy.

Decision Making Process

16. Council is required to make a decision in accordance with Part 6 Sub-Part 1, of the Local Government Act 2002 (the Act). Staff have assessed the requirements contained within this section of the Act in relation to this item and have concluded that, as this report is for information only and no decision is to be made, the decision making provisions of the Local Government Act 2002 do not apply.

Recommendation

1. That the Maori Committee receives the “Biodiversity Strategy” report.

Tim Sharp

Strategic Policy Advisor

Helen Codlin

Group Manager

Strategic Development

Attachment/s

There are no attachments for this report.

Statutory Advocacy Update

Attachment 1

Statutory Advocacy Update (as at 15 August 2012)

Received	TLA	Map Ref	Activity	Applicant/ Agency	Status	Current Situation
20 July 2012	NCC	6	Plan Change 8 – Pedestrian Accessways The purpose of the Plan Change is to strengthen existing provisions in the District Plan relating to walkway security and reference Crime Prevention Through Environmental Design (CPTED) and Council’s Accessways (Pedestrian) Closure Policy.	NCC	Notified	7 August 2012 · Council staff have assessed the Plan Change and concluded that no submission is required. Submissions close 24 August 2012.
17 February 2012	WDC	5	Trade Waste & Wastewater Bylaw 2012 Proposed technical Bylaw to regulate the WDC wastewater and trade waste system.	WDC	Notified under the Local Government Act 2002 special consultative process	24 April 2012 · Council lodged a submission in support of WDC’s intent to gain greater control over the quality of wastewater received at the WDC wastewater treatment plants as it will result in positive environmental outcomes for the district.
23 November 2011	WDC	4	Resource Consent – Subdivision Proposal to subdivide a property at 790 Mahia East Coast Road to create 48 residential lots, 1 undeveloped farm lot, 1 lifestyle lot, 3 balance lots, 2 lots to vest as road, 2 access lots and 1 lot for the purpose of establishing a campground to accommodate 400 people.	Pongaroa Land Co. Limited Consultant – Consult Plus Ltd	Notified Non-complying (hearing pending)	16 May 2012 · Council advised that the application has been declined. Pongaroa Land Company lodges an appeal to grant the application in its current form, or on a smaller scale. 30 January 2012 · Lodged a neutral submission on 11 January 2012. Submission made various comments relating to proposed servicing of the subdivision, public access to the coast, natural character and landscape values.
12 August 2011	NCC	3	Proposed Plan Change 7 – Jervoistown The purpose of the plan change is to create a new zone with new policies and rules for Jervoistown. The plan change seeks to counteract the effects of adhoc development within Jervoistown.	NCC	Notified	15 August 2012 · Submission period closed 22 June 2012. · In general the Council is supportive of the broad intention of the plan change however notes that servicing constraints are a limiting factor. In particular a high water table contributing to the cross contamination of wastewater and stormwater, at capacity stormwater drains and cross boundary runoff and flooding. · Council staff noted that Jervoistown is not included in the preferred settlement pattern included in the Heretaunga Plains Urban Development Strategy. 11 May 2012 · Formal notification of Plan Change 7.
24 May 2010	NCC	2	Resource Consent - Subdivision The application seeks to subdivide an area of land currently zoned as main rural on 66 Franklin Road, Bay View into 6 lots and undertake earthworks.	Brian Nicholls	Notified Restricted Discretionary (hearing pending)	6 December 2011 Planning staff have met with the applicant and NCC planning staff to discuss stormwater and wastewater design for the proposed subdivision. Further information is required from the applicant as applicant now likely to modify his proposal. 26 July 2011 · Almost 12 months since Planning staff met with the applicant’s consultant. Options and scenarios for wastewater consenting and servicing are under consideration. NCC Planning staff have requested further information from the applicant. 14 July 2010 · Council submitted in opposition to the application seeking that the application be declined unless all of the 6 Lots were fully serviced. 12 June 2010 · Comment has been sought from the Regulation and Engineering teams. The stormwater solutions for the site are acceptable due to the free draining nature of the soils. The same soil types present an issue with on-site wastewater disposal and insufficient treatment. Coupled with the proximity of the subdivision to the coastal marine environmental it is likely that the Council will submit against the application. Submissions close 24 June 2010.
23 August 2010	NCC	1	Resource Consent – Subdivision The application seeks to subdivide 58 McElwee Street, Jervoistown Certificate of Tile HBM2/1351 into two separate lots.	Mr B. Joseph Consultant – Consult Plus Ltd	Notified Restricted Discretionary (subject to appeal)	15 August 2012 · The Appellant and NCC have agreed to put the appeal on hold pending the outcome of the proposed Plan Change 7 – Jervoistown process. Council is a Section 274 party to the appeal. · Regional Council maintains the position that: o No further discharge of stormwater will be accepted into the Jervois Drain, and o the option of discharging stormwater via the neighbouring ‘Claudatos scheme’ is only viable if a number of conditions are met. 27 January 2011 · Council became a party to the appeal lodged by the applicant under Section 274 of the Resource Management Act 1991. 17 November 2010 · Application was declined at Hearing held 17 November 2010. Applicant subsequently appealed NCC’s decision. 20 September 2010 · HBRC lodged submission opposing application.

HAWKE’S BAY REGIONAL COUNCIL

Maori Committee

Tuesday 28 August 2012

SUBJECT: General Business

INTRODUCTION:

This document has been prepared to assist Councillors note the General Business to be discussed as determined earlier in the Agenda.

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1 View	Statutory Advocacy Update
2 View	Statutory Advocacy Map