Interim Extension of the Marine Mammal Sanctuary and Seismic Survey Regulations to Manage the Risk of Maui s Dolphin Mortality

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1 WWF-New Zealand Level 6 Davis Langdon House 49 Boulcott Street Wellington 6011 New Zealand Tel: +64 (0) Fax: +64 (0) info@wwf.org.nz Sean Cooper Marine Conservation Team Manager Department of Conservation PO Box Wellington 6140 Via marine@doc.govt.nz 27 April 2012 WWF-New Zealand Submission on: Interim Extension of the Marine Mammal Sanctuary and Seismic Survey Regulations to Manage the Risk of Maui s Dolphin Mortality WWF-New Zealand Contact Person: Milena Palka Marine Advocate WWF-New Zealand PO Box 6237 Wellington 6141

2 Purpose Maui s dolphins are among the smallest and rarest marine dolphins in the world and are endemic to New Zealand. The main human threat to these dolphins is from net fishing, predominantly gill nets (set nets and drift nets) and trawl net fishing, but also includes boatstrike, inappropriate tourism, coastal development, mining, and pollution. The Department of Conservation (DOC) is seeking views on a proposed interim extension of the West Coast North Island (WCNI) Marine Mammal Sanctuary (including an extension of the seismic survey regulations within the sanctuary) from Oakura (Taranaki) to Hawera to enable management of human-induced threats to Maui s dolphins. This document provides WWF-New Zealand s submission on DOC s consultation document. WWF-New Zealand WWF-New Zealand (WWF) is part of a global network, using a science-based approach to encourage government, business and communities to conserve and manage our environment more sustainably. WWF's mission is to stop the degradation of the planet's natural environment and to build a future in which humans live in harmony with nature, by: Conserving the world's biological diversity; Ensuring that the use of renewable natural resources is sustainable; Promoting the reduction of pollution and wasteful consumption. Background Maui s dolphins, a subspecies of Hector s dolphins, are classified as critically endangered by the International Union for Conservation of Nature (IUCN) 1. It is estimated that the historical population size of Maui s dolphins is likely to have been around 1500 individuals, and may have been considerably higher 2. Since the introduction of monofilament nylon nets in the early 1970s, Maui s and Hector s dolphin numbers have been drastically declining. The latest abundance estimate released by DOC and Auckland University indicates that only 55 individuals over the age of 1 year remain as of 2011 (95% confidence interval range of 48-69). Similarly, Hector s dolphins have experienced a significant decline (over 70%) from an estimated 24,000-29,000 individuals to just over 7,000 today 3, and are classified as endangered by the IUCN. Their extinction would earn New Zealand the dubious honour of achieving only the second recorded disappearance of a cetacean (dolphin, whale, or porpoise) caused by human actions since the 1800s 4. Gillnet and trawl fishing are recognised in the Threat Management Plan (TMP) as the most significant human threats for Hector s and Maui s dolphins. Both fishing methods currently occur where Maui s dolphins are found as protection measures do not extend across their entire known habitat. In January 2012, a fisherman reported a Hector s dolphin caught near Cape Egmont, in Taranaki. The Ministry of Agriculture and Forestry (MAF) later reported that this was likely a Maui s dolphin due to its location Dr Bruce Robertson, Otago University pers. comm 3 Slooten and Davies Hector s dolphin risk assessments: old and new analyses show consistent results. Journal Of The Royal Society Of New Zealand 42: The other was China s Baiji or Yangtze River dolphin.

3 The Minister of Conservation (the Minister) is now considering an interim extension of the WCNI Marine Mammal Sanctuary (including seismic regulations) along the Taranaki coast from Oakura Beach south to Hawera and out to 12-nautical miles, while a review of the Maui s portion of the Hector s and Maui s dolphin TMP is brought forward. Summary WWF submits that, given the extremely low number of Maui s dolphins, DOC should take a precautionary approach until the TMP is reviewed and: Extend the interim boundary of the WCNI Marine Mammal Sanctuary along the coast from Maunganui Bluff to Hawera (including all harbours) and out to 100 m water depth. Impose an interim suspension on all mining and seismic surveys within the entire WCNI Marine Mammal Sanctuary until the risk from these activities can be adequately assessed through the TMP review process. If seismic activity is to continue, adopt the newer, more stringent guidelines as mandatory practice within the WCNI Marine Mammal Sanctuary. Bring forward the review of the entire Hector s and Maui s Threat Management Plan to 2012 and develop a clear plan of action for the species recovery, including population targets, achievable management goals, and clear, time-bound actions for both Hector s and Maui s dolphins in consultation with stakeholders. Sanctuary boundaries The paper states DOC s preference for a boundary extension of the WCNI Marine Mammal Sanctuary (including seismic survey regulations) from Oakura (Taranaki) to Hawera and offshore to 12 nm. WWF position Although WWF supports the extension of the protected area in Maui s dolphin habitat, we believe these interim protection measures are inadequate to halt the extinction of this species. WWF agrees with DOC that: Maui s dolphins are susceptible to human-induced threats such as fishing, boat strike, mining, construction, coastal development, pollution, marine tourism, marine farming, and climate change. The Taranaki-Whanganui region was historically part of the Maui s dolphin population s distribution and there has been a reduction in range from what was once a centre of the population. Non-fishing human-induced mortality needs to be mitigated as well as fishing related mortality. There are existing restrictions on sea bed mining and on seismic survey activities in areas where Maui s dolphins are most abundant. The population is at a very low level and any additional mortality increases the chance that they will not be able to recover. It is imperative that human-induced mortality be zero. Although a considerable portion of Maui s habitat has been protected since 2008, this has focused on their core range. For Maui s dolphins to survive, they need complete protection

4 across their entire range from Maunganui Bluff (near Dargaville) to at least as far south as Hawera including all harbours and out to 100m water depth. With only about individuals left, there is no room for error. WWF and DOC have maintained separate databases of verified Maui s dolphin sightings. DOC s database includes staff, research, and public sightings between WWF has been collecting public sightings since 2003 and has historically supplied this on-request to the Department for consolidation. This information has also been provided by WWF to Government to inform management decisions and processes in the past. Maui s dolphins have been reported inside harbours, past 12 nm, and south of Oakura Beach. Continued scientific research has also strengthened evidence that Taranaki and the harbours are part of the Maui s dolphin range 5. The paper also states that: The consequence of an additional human-induced mortality to the Maui s dolphin population is considered by DOC to be high because...there is a 75% likelihood that the population has been declining between 2001 and Based on a population estimate of 55, preliminary indications from MAF are that the population can sustain 1 human-induced mortality every 10 to 23 years. As revealed in the recent biopsy survey work, these dolphins are capable of travelling considerable distances (e.g. 79km) in short periods of time and can easily encounter enter unprotected areas. Therefore, protected area boundaries should extend sufficiently beyond the furthest sighting to be effective. WWF submission: Extend the interim boundary of the WCNI Marine Mammal Sanctuary along the coast from Maunganui Bluff to Hawera (including all harbours) and out to 100 m water depth. Restrictions on mining and seismic surveys Modelling based on recent biopsy work estimates that the Maui s dolphin population may have been declining at a rate of 3% per year (in the last decade), a rate which is unsustainable and must not continue. Fishing-related mortalities are believed to be the main threat, however any other human-induced threats must also be adequately addressed. Mining and seismic surveying are currently being conducted within the dolphin s habitat with relatively minor restrictions. Mineral mining, currently excluded only 2 nm and 4 nm from the coast, has the potential to cause increases in acoustic and particulate pollution, benthic disturbance, and vessel traffic 6. Acoustic noise in the marine environment (caused by anthropogenic sources such as seismic activity) is also a potential stressor to cetaceans which can cause negative physical and physiological effects, disturbances in behaviour, reduced foraging success, compromised heath, and decreased well-being 7. WWF believes that these combined activities are likely to have significantly detrimental effects on Maui s dolphins, both directly and indirectly, and that the WCNI Marine Mammal Sanctuary does not go far enough to mitigate or prevent these impacts. The 2012 Code of Conduct for Minimising Disturbance to Marine Mammals from Seismic Survey Operations is in the final stages of development and review by stakeholders and has begun voluntary trialling in waters around New Zealand. Preliminary feedback indicates that The Code is now the most comprehensive framework available for protecting marine mammals from the potential impact of seismic survey operations and has been endorsed as 5 Raymont et al Listening for a needle in a haystack: passive acoustic detection of dolphins at very low densities. Endangered Species Research 14: Thompson Maui s And Mining: A Review Of Marine Mineral Mining Activity On The West Coast Of New Zealand And Its Potential Impacts. Prepared for DOC Auckland Area Office. 7 Gordon et al A review of the effects of seismic surveys on marine mammals. Marine Technology Society Journal 37:

5 industry best practice in New Zealand by PEPANZ 8. WWF encourages the use of this new Code of Conduct as soon as it is practical, particularly within the WCNI Marine Mammal Sanctuary, but notes that it is yet to be implemented (currently scheduled for the second half of 2012), and will need to undergo an additional 3 year performance review prior to the consideration of mandatory regulations. WWF submission: Impose an interim suspension on all mining and seismic surveys within the entire WCNI Marine Mammal Sanctuary until the risk from these activities can be adequately assessed through the TMP review process. If seismic activity is to continue, adopt the newer, more stringent guidelines as mandatory practice within the WCNI Marine Mammal Sanctuary. Threat Management Plan MAF and DOC originally proposed to review the Threat Management Plan (TMP) by 2013 and have now proposed to bring forward the review of the Maui s dolphin section to this year. While WWF supports the earlier review of the TMP (we note that the TMP has never been formally finalised), it is important that both Maui s and Hector s dolphins are considered together. Both subspecies face similar conservation issues (although Maui s dolphins are in a more precarious position), such as from fishing, boat-strike, inappropriate tourism, coastal development, mining, and from pollution. Recent biopsy data has shown that the survival of Maui s dolphins is likely to depend on the appropriate management of threats to Hector s dolphins. In particular, there is no national research strategy for these dolphins. WWF submission: Bring forward the review of the entire Hector s and Maui s Threat Management Plan to 2012 and develop a clear plan of action for the species recovery, including population targets, achievable management goals, and clear, time-bound actions for both Hector s and Maui s dolphins in consultation with stakeholders. Conclusions While the task to achieve the recovery of Maui s dolphins is now more difficult with the lower population estimate recently reported, we agree this is achievable 9. The main human threat, fishing with nets, is manageable especially in the areas where the dolphins are currently found. Other threats (such as mining, boat strike, and pollution) also need to be seriously addressed. To reduce the risk of extinction, numbers Maui s dolphins need to be increased quickly by reducing all human impacts as far as possible. The protection measures introduced in 2003, and improved in 2008, have almost certainly reduced the number of Maui s killed, but unsustainable dolphin mortalities continue. MAF has proposed to increase protection from fishing related threats and WWF has submitted on this proposal. WWF supports proposals by DOC to expand the WCNI Marine Mammal Sanctuary, but we consider that the proposals do not go far enough. We submit that the interim boundary of the Sanctuary is extended south to Hawera (including all harbours) and out to 100 m water depth. WWF also submits that all mining and seismic surveys are suspended within the 8 DOC summary of key features document: Code of Conduct for Minimising Disturbance to Marine Mammals from Seismic Survey Operations, unpublished and undated. 9 DOC has stated that evidence from the recent report on Maui s abundance suggests that while the population size is low, there is a chance that Maui s dolphins could recover should human-induced mortality be sufficiently mitigated. This is based on three results: level of genetic diversity maintained, sex ratio is near even but slightly biased to females, and the presence of 2 females Hector s with the Maui s range.

6 entire Sanctuary until the risk from these activities has been assessed through the TMP review process. We urge that the entire Hector s and Maui s Threat Management Plan be reviewed in Thank you for considering the matters raised in this submission. Sincerely, Milena Palka Marine Advocate WWF-New Zealand