review of potting definitions - Ministry of Fisheries

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available information projects that the TACs for all snapper stocks are currently set either at levels that will maintain the stocks at the biomass that can produce the maximum sustainable yield, or at levels that will enable the stocks to increase to a level that can produce the maximum sustainable yield. 12 Octopus and blue cod 126 The impacts of Option 3 on octopus and blue cod stocks are identical to those described in Option 2. MFish considers that the risk of a developing pot fishery to octopus stocks is unknown, but likely low. Extension of the 48mm minimum mesh size to all other commercial blue cod fishing areas may provide a sustainability benefit for blue cod stocks outside of BCO 5. Paddle crabs, deepwater crabs and hagfish 127 Option 3 proposes to authorise potting for paddle crabs, deepwater crabs and hagfish in the regulations. In practice, fishers currently using pots to catch these species would be explicitly authorised to continue and as in Option 2, no pot specifications would be required. Pot specifications for these species would be deemed unnecessary under Option 3 since MFish considers that current potting practices do not create stock sustainability concerns for these species, nor do they impact on rock lobster fisheries. 128 As discussed in the Option 2 assessment, the current potting activities for paddle crabs and deepwater crabs are not likely to negatively impact on those stocks since information suggests that survival rates are generally good for crabs caught in pots. Hagfish is a non-QMS species and will be subject to the same annual monitoring process described for octopus. The annual review will monitor the effects of the developing pot fishery and assess the impacts on hagfish stocks. 129 It is possible, but unlikely, that potting effort for these species would increase from other fishers if Option 3 was implemented. MFish would continue to monitor these fisheries to evaluate whether there is increased effort, and could consider establishing pot specifications for these species in the future if information indicates reasons for concerns about stock sustainability. 12 Ministry of Fisheries (2008). Report from the Fisheries Assessment Plenary, May 2008: stock assessments and yield estimates. Ministry of Fisheries, Wellington, New Zealand. 990p.
REGULATORY IMPACT STATEMENT - REVIEW OF POTTING DEFINITIONS Executive summary 1 The current definition of ‘rock lobster pot’ in the Fisheries (Commercial Fishing) Regulations 2001 and the Fisheries (Amateur Fishing) Regulations 1986 (Regulations) is broad and has the potential to apply to most pots, regardless of the intended target species. Rock lobster pots are required to have escape gaps of a certain number and dimension. Pots not meeting these requirements are likely unlawful. 2 The far-reaching rock lobster pot regulatory definition affects other potting fisheries in two ways: (1) pots that fishers would like to use to target species other than rock lobster are considered unlawful, which constrains utilisation, and (2) pots are currently used in non-rock lobster fisheries that may be unlawful. In these instances, the Regulations unnecessarily constrain utilisation. 3 It is unlikely that the regulatory definition of rock lobster pot was intended to constrain the use of pots to target species other than rock lobster. Potting is an acceptable method of harvest that should be authorised to the extent possible. The Regulations should be amended to remove the constraints on other pot fisheries without negatively impacting on the affected stocks or rock lobster fisheries. Two regulatory amendment options are proposed. The Ministry of Fisheries does not have a preferred option at this stage and seeks input from tangata whenua and stakeholders on the proposed options. 4 This Regulatory Impact Statement (RIS) has addressed all relevant aspects of the RIS requirements contained in Cabinet Office Circular CO (07) 3. Where a requirement has not been addressed it is considered to be not relevant to this proposal. Adequacy statement 5 This RIS has been reviewed by the Ministry of Fisheries’ Regulatory Impact Analysis Review Committee and is considered adequate according to the criteria agreed by Cabinet. Status quo and problem 6 The rock lobster pot definition in the Regulations is broad and has the potential to apply to most pots that fishers currently use, or would like to use, to
Page 1 and 2: REVIEW OF POTTING DEFINITIONS - INI
Page 3 and 4: Summary of Options Option 1 - Statu
Page 5 and 6: 18 MFish does not propose to change
Page 7 and 8: Option 1 impacts on: Stock Species
Page 9 and 10: 38 Option 1 would not impact on rec
Page 11 and 12: some illegal catch of rock lobsters
Page 13 and 14: Option 2 (Limited pot authorisation
Page 15 and 16: 69 Catch records indicate that Opti
Page 17 and 18: Option 3 - Permissive authorisation
Page 19 and 20: impose pot alteration or replacemen
Page 21 and 22: 107 As outlined in regulation 25C o
Page 23 and 24: APPENDIX 1 - REGULATIONS RELATING T
Page 25 and 26: APPENDIX 2 - IMPACTS OF PROPOSED OP
Page 27: Blue cod sustainability or utilisat
Page 31: Option 3 13 The ministry of fisheri

review of potting definitions - Ministry of Fisheries

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