Tarakihi east coast TAC review 2022
DECISION: APPROVED
Introduction
On 7 June 2022 Fisheries New Zealand (FNZ) advised they were reviewing the combined east coast tarakihi stock on behalf of the Minister of Oceans and Fisheries, David Parker.
Eastern tarakihi encompasses TAR 1 (East), TAR 2 & 3, and TAR 7 (East).
This combined stock has been depleted for around 20 years. In 2018 the then Minister, Stuart Nash, initiated a formal rebuild plan to increase the abundance and availability of tarakihi on the east coast. He cut commercial catch limits by 20% and signalled a further 35% reduction in 2019.
In 2019 Minister Nash only reduced the TACC by 10% while accepting a plan from commercial fishing interests that included voluntary measures and a lower rebuild target.
Forest & Bird successfully challenged the Minister’s decision and another stock review occurred in 2021. The New Zealand Sport Fishing Council worked with LegaSea and the New Zealand Angling & Casting Association to submit a response to the 2021 review.
Subsequently, the High Court has ruled that the review must take into account its June 2021 ruling. Commercial fishing interests appealed the High Court decision, that appeal was heard in March 2022. In August 2023, the Court of Appeal dismissed Fisheries Inshore NZ’s (FINZ) appeal, and the cross-appeal by the Minister. In 2024, commercial interests challenged the Court of Appeal decision to the Supreme Court. Details below.
Proposal
Fisheries New Zealand is reviewing catch limits, allowances and deemed values for the combined east coast tarakihi stocks. Any changes are expected to apply from 1 October 2022, however that is dependant on any new findings from the Court of Appeal.
Table 1: Proposed Total Allowable Catches (TACs), Total Allowable Commercial Catches (TACCs), and allowances for eastern tarakihi, in tonnes. (Source: Fisheries New Zealand).
Submission
The New Zealand Sport Fishing Council worked with LegaSea, the New Zealand Angling & Casting Association and New Zealand Underwater Association to develop a submission in response to the latest proposals from FNZ. Given the slow rebuild of the stock since 2018, the high exploitation rate, and the ongoing targeting of spawning aggregations the stock is not rebuilding at an acceptable rate.
Our joint submission emphasised the need for the Minister to act decisively to rebuild the eastern tarakihi stock to an abundant level.
Decision
The Minister of Oceans and Fisheries David Parker has agreed to Fisheries New Zealand’s recommended Option 2, to reduce the TAC in the eastern tarakihi stock from 1 October 2022. The intention is to rebuild the stock to B40, 40% of unfished biomass, within 15 years. By 2037. The NZSFC and other organisations had asked the Minister to apply Option 1, to rebuild the stock to B40 by 2033.
Background
The Court has ruled that the Fisheries New Zealand’s Harvest Strategy Standard is a mandatory consideration when the Minister is setting catch levels. The Standard’s Guidelines for tarakihi are that a time-constrained rebuild plan is required for a stock below 20% of its estimated unfished biomass. The eastern tarakihi stock has been below 20% for around 20 years. Tarakihi are an important catch for Māori customary, recreational and commercial fishers. The NZSFC and other organisations have invested substantial resources into earlier processes to advocate for a rebuild of this precious fish stock. Previous processes include:
Tarakihi east coast TAC review 2021
East coast TAC review submission, July 2019
East coast TAC review 2019 – coming soon
East coast TAC review submission, July 2018
East coast TAC review 2018 – coming soon
Tarakihi 1 TAC review 2002-07 (option4 site)
Tarakihi 2 TAC review 2004 (option4 site)
Tarakihi 3 TAC review 2004 (option4 site)
Relevant information
2022
Decision
Minister's decision letter for tarakihi and other stocks. 27 Sep 2022
Minister’s decision letter for tarakihi and other stocks. Tarakihi details on page 6. All changes to apply from 1 October 2022. David Parker. 27 September 2022.
Final advice
Tarakihi east. Final advice to Minister. FNZ. Aug 2022
Fisheries New Zealand Final Advice Paper and recommendations for the future management of eastern tarakihi TAR E, including TAR 1E, 2, 3 & 7E. August 2022.
Submission
Tarakihi east coast. Joint recreational interests. 12 July 2022
Submission calling on the Minister to reduce the Total Allowable Commercial Catch (TACC) in eastern tarakihi by 40%. This is required to rebuild the fish stock to an abundant level by 2032. NZSFC-LegaSea, NZACA & NZUA. 12 July 2022.
Tarakihi TAC review submissions. FNZ. Sep 2022
Collation of submissions from organisations and individuals in response to the TAC review of eastern tarakihi TAR 1E, 2, 3 & 7E. Submissions dated July 2022. Collation by Fisheries NZ. September 2022. [13MB]
Proposals
Tarakihi east coast TAC review. FNZ. 7 June 2022
Fisheries New Zealand proposals to review the combined eastern tarakihi stock. Proposed changes to the Total Allowable Catches (TACs), TACCs and mortality allowances. FNZ. 7 June 2022.
Letter. Tarakihi east coast TAC review. FNZ. 7 June 2022
Fisheries New Zealand advise they are reviewing east coast tarakihi Total Allowable Catches (TACs), TACCs, allowances and deemed values. Submissions due by 12 July 2022. FNZ. 7 June 2022.
Research
Tarakihi plenary. FNZ. May 2022
Fisheries New Zealand plenary summarising the available data, historic catches and projections for New Zealand tarakihi stocks. May 2022.
Court documents
Tarakihi Supreme Court decision. 12 Sep 2024
Seafood NZ appeal August 2023 judgment. Appeal dismissed, the Minister may not take into account social, cultural and economic factors under s13(2)(b)(ii) of the Act. Successful appeal against the Minister adopting a 70% probability of rebuild, 50% is sufficient. Supreme Court. 12 September 2024.
Tarakihi Supreme Court media release. 12 Sep 2024
Media statement released after the judgment of the Supreme Court in relation to Seafood NZ’s appeal challenging the Aug 2023 Court of Appeal decision for east coast tarakihi. Supreme Court. 12 September 2024.
Tarakihi Court of Appeal decision. 10 Aug 2023
Fisheries Inshore appeal challenging the June 2021 High Court judgment. TOKM supports the appeal. The Minister cross-appeals a narrow point. The appeal and cross-appeal are dismissed. Costs awarded to Forest & Bird. Court of Appeal. 10 August 2023.
Tarakihi High Court Minute. 20 Sep 2021
Minister has asked for a variation to the ‘stay’, to withhold any changes to the east coast tarakihi TAC until the 1 October 2022 review round. TOKM and FINZ support the Minister’s application. Forest & Bird object. High Court agrees, makes a variation to the 1 Sept stay decision. High Court. 20 September 2021.
Tarakihi High Court decision. 1 Sep 2021
Fisheries Inshore NZ has filed an appeal against the June 2021 High Court decision. FINZ ask the Court to ‘stay’, hold, the Court’s June decision until their appeal can be heard. The Minister and TOKM support the stay application. High Court grants the stay. Decision 1 September 2021.
Tarakihi High Court decision. 16 June 2021
The High Court has found the Minister made unlawful management decisions for east coast tarakihi in 2019. The Minister is obliged to make a new decision by 1 October 2021. High Court. 16 June 2021.
Tarakihi High Court decision. 9 April 2020
High Court grants permission for Te Ohu Kaimoana and Inshore NZ to join the judicial review proceedings as respondents, not as intervenors. Hearing 19 March 2020. High Court Judgment 9 April 2020.