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FIORDLAND (TE MOANA O ATAWHENUA) MARINE MANAGEMENT ACT 2005 - SCHEDULE 12
s 11(1)
Insert the following paragraph after the third paragraph in section 3.2.3:The
Fiordland Marine Conservation Strategy document developed by the Guardians of
Fiordland's Fisheries and Marine Environment recommended the creation of 8
additional marine reserves in Fiordland, in Sutherland, Bligh, Charles,
Bradshaw, Doubtful, Breaksea, Dusky, and Long Sounds. The document describes
these areas (and the 2 other marine reserves in Fiordland) as containing a
range of habitats, communities and diversity that represent Fiordland's marine
environment. In 2005, central government made these new marine reserves a
reality by legislating for them through the Fiordland (Te Moana o Atawhenua)
Marine Management Act 2005.Insert, at the foot of the page containing the
footnote reference, as a footnote:
| “¹ | The Guardians comprise Ngāi Tahu, commercial and recreational fishing
representatives, charter and tourism operators, and environmental and
community interests, all of whom have a direct involvement in the Fiordland
marine environment. The Department of Conservation, Ministry of Fisheries,
Southland Regional Council, and Ministry for the Environment have provided
advice and support to the group in an ex officio capacity since 2000.” |
Omit the last sentence of paragraph 2 of section 3.2.5, and substitute:Prior
to 2005, there were 2 marine reserves within the fiords, one in Milford Sound
(Piopiotahi) and the other in the Te Awaatu Channel at the Gut in Doubtful
Sound.Omit paragraph 3 of section 3.2.5 and substitute:Over a number of years
there has been a lot of discussion concerning the creation of additional
marine reserves within the internal waters of Fiordland. Among others, the New
Zealand Marine Sciences Society has investigated possible options for further
protection of the marine areas in Fiordland. The values of the internal waters
of Fiordland are outstanding. In 2003 the Guardians of Fiordland's Fisheries
and Marine Environment completed a strategy document (the Fiordland Marine
Conservation Strategy) that proposed the protection of representative areas
within Fiordland by creating 8 new marine reserves. This recommendation was
implemented through the Fiordland (Te Moana o Atawhenua) Marine Management Act
2005. The Fiordland Marine Conservation Strategy also identified
China Shops —these are described as small discrete areas that are
outstanding for the abundance and/or diversity of animal communities ... mixed
animal and plant communities or ... particular animal species. Of the 23 China
Shops, 10 are now within the boundaries of marine reserves. Omit
the first 2 sentences of paragraph 2 of policy 4.1.2 and substitute:Currently
within the Southland Region there are 10 marine reserves in the following
areas of Fiordland:
| Milford Sound (690 ha): Sutherland Sound (454 ha): Bligh Sound (411 ha):
Charles Sound (464 ha): 2 in the main arm of Doubtful Sound (93 ha and
613 ha): Gaer Arm (433 ha): Wet Jacket Arm (2 007 ha): Goose Arm and
Facile Harbour, Dusky Sound (1 466 ha): Long Sound (3 672 ha). |
A further marine reserve has also been declared in Paterson Inlet,
Rakiura/Stewart Island area, namely Ulva Island—Te Wharawhara (1 075 ha).
This marine reserve was Gazetted on 18 November 2004. Eight of
the Fiordland Marine Reserves were established as a result of the work of the
Guardians of Fiordland's Fisheries and Marine Environment. This group
comprises Ngāi Tahu, commercial and recreational fishing representatives,
charter and tourism operators, and community interests, all of whom have a
direct involvement in the Fiordland marine environment. The group has been
supported by the Southland Regional Council, the Ministry for the Environment,
the Department of Conservation, and the Ministry of
Fisheries. Insert as policy 4.1.4:
| “ Policy 4.1.4 | Management of Resource Management Act functions in marine
reserves and in China Shops within the Fiordland (Te Moana o Atawhenua) Marine
Area |
Ensure that in considering applications, under the Resource Management Act
1991, for activities within marine reserves and within China Shops in the
Fiordland (Te Moana o Atawhenua) Marine Area, the activities are compatible
with the values and purposes of these areas. Explanation —The
purposes and functions of Marine Reserves are established under the Marine
Reserves Act 1971. The Resource Management Act 1991 controls activities in the
coastal marine area including the erection and placement of structures,
commercial surface water activities, and aircraft landings and take-offs, and
applies to areas that have marine reserve status, as well as the China Shops
identified in the Fiordland Marine Conservation
Strategy. The Fiordland Marine Conservation Strategy
was produced by the Guardians of Fiordland's Fisheries and Marine Environment
in June 2003, and describes China Shops as follows:
| China Shops are small discrete areas that are outstanding for the abundance
and/or diversity of animal or mixed animal and plant communities or for the
abundance of particular animal species. Communities associated with a wide
variety of habitats in a confined area may also qualify. On the basis of local
knowledge and the best available information, 23 areas were identified from
Bligh Sound to Preservation Inlet. Collectively, these areas support a wide
range of special features and values. Proposed management measures are based
on particular values and whether these are under threat from existing or
future activities. |
China Shops that are not within marine reserves are recognised in Appendix 3A,
which identifies the general location of these China Shops, but not the
specific location. Any person undertaking an activity within these areas can
contact either the Southland Regional Council or the Fiordland Marine
Guardians to determine whether or not their activity is likely to have an
impact on the China Shop in the vicinity. Each China Shop has its own values
and potential threats to these values will vary. The purpose of
the Marine Reserves Act 1971, as well as the threats to marine reserves, will
be taken into account when processing and considering whether or not to grant
a coastal permit for an activity within a marine reserve. The values and
potential threats to China Shops will be taken into account when processing
and considering whether or not to grant a coastal permit for an activity
within a China Shop. Communication with the Fiordland
Marine Guardians and the Department of Conservation will be essential in
achieving this part of the policy. Omit paragraph 1 and
substitute:The cleaning and repainting of structures and ships on land and
within the coastal marine area can result in discharges to coastal water,
antifoulants in particular, which lead to discolouration, deposition, and
adverse effects on aquatic life. Structures, equipment, and ships that have
been in coastal waters where invasive organisms are present pose a potential
risk to the Southland coastal marine environment if these organisms, or viable
parts of these organisms, have become attached to these structures, equipment,
or the hulls of ships and then consequentially arrive in Southland without
having been cleaned or disinfected before entering Southland's waters.
Invasive organisms attached to these structures, equipment, or the hulls of
ships can be discharged into the marine environment either accidentally,
through spawning or being knocked off, or deliberately, through cleaning. To
the extent that it is practicable, both deliberate and accidental discharges,
including discharges from the cleaning and repainting of structures and ships
on land and within the coastal marine area, should be avoided.Insert, after
issue 7.3.8.2.1:
| “ Issue 7.3.8.2.2 | The unique habitats of the internal waters of Fiordland
are particularly susceptible to invasive species that may arrive as hull
attachments or on equipment or structures brought into these waters from other
areas. ” |
Insert, after objective 7.3.8.2.1:
| “ Objective 7.3.8.2.2 | Minimise risk of bioinvasion |
Minimise the risk from hull cleaning, structure cleaning, and the introduction
of invasive organisms from ships, structures, and equipment from outside this
region. Explanation —Ships, equipment, and structures that have
been in coastal waters outside the Southland region have the potential to
introduce invasive organisms into the Southland coastal marine area, if they
are not appropriately cleaned before entering Southland waters. Of particular
concern is the protection of sensitive and unique areas such as the internal
waters of Fiordland. Where there is a known risk, for example, if a ship or
structure is relocating to the Fiordland area from an area where there are
known invasive organisms such as Undaria, measures should be taken to minimise
that risk. Insert, after policy 7.3.8.2.2:
| “ Policy 7.3.8.2.3 | Hull cleaning of ships in the coastal marine area |
Provide for hull cleaning of ships in circumstances where materials containing
bioaccumulative, toxic, or noxious substances, or viable unwanted or pest
organisms, do not enter or are not released into the coastal marine
area. Explanation —Boats are periodically cleaned to remove
marine growths from their hulls, or other maintenance work is undertaken that
has similar effects to those that occur during hull cleaning. Where this is
undertaken with appropriate controls the effect is insignificant. However,
where there is the potential to discharge bioaccumulative, toxic, and noxious
substances and growths of unwanted or pest marine organisms, this can have
significant adverse effects, particularly where unwanted and pest organisms
become established in Southland waters. If a ship has
operated inside the territorial waters of a foreign country or has spent time
in New Zealand ports where unwanted or pest organisms are established, and has
not subsequently cleaned its hull, potential exists for these organisms to be
attached to the hull of the ship. This is particularly true if the ship has
spent time in shallow coastal waters such as in ports or bays and coves. The
waters of the Southland coastal marine area are relatively free of these types
of organisms and it is important that this status is maintained, if the highly
significant areas of Fiordland, Rakiura/Stewart Island and the sub-Antarctic
islands are to be protected from infestation.
| “ Policy 7.3.8.2.4 | Cleaning of ships, structures, and equipment destined for
the internal waters of Fiordland |
Require that any ships to be used in commercial surface water activities, in
Fiordland, and any structures or equipment that are to be erected or placed
within the internal waters of Fiordland that have been in coastal waters in
other parts of New Zealand or in foreign waters, be thoroughly cleaned and
disinfected before entering, or being placed in, Fiordland's internal
waters. Explanation —Through hull cleaning or through the
presence of organisms on ships, structures, or equipment that enter or are
placed in coastal waters, a potentially invasive organism could be introduced
to Fiordland's internal waters. Fiordland is a
globally unique environment. It has high value marine resources and
biodiversity, including species found only in this part of the world. Many
habitats are found at unusually shallow depths because of the influence of the
freshwater layer in the fiords. The internal waters of Fiordland are
particularly sensitive to the introduction of unwanted or pest organisms. It
is appropriate to reduce the risk of the introduction of a potentially
invasive organism being introduced to Fiordland, by thoroughly cleaning and
disinfecting all ships that are to be used in commercial surface water
activities and any structures and equipment that are to be erected or placed
within the internal waters of Fiordland. This should be done before the ships,
structures, or equipment that have been in coastal waters in other parts of
New Zealand or in foreign waters enter, or are placed in, Fiordland's internal
waters. Insert, after policy 11.2.18:
| “ Policy 11.2.19 | Structures in the Fiordland (Te Moana o Atawhenua) Marine
Area |
Recognise that the erection and/or placement of structures in the Fiordland
(Te Moana o Atawhenua) Marine Area must be consistent with the very high
natural values of that area. Explanation —Fiordland contains
amenity and natural character values that are very high due to the pristine
nature of the area. It would be inappropriate to allow the erection of
structures that are incompatible with the character of this area. The
sensitive communities and habitats of marine reserves and China Shops may be
particularly affected. Omit issue 11.7.7.4, and substitute:
| “ Issue 11.7.7.4 | Anchoring can damage and destroy fragile organisms such as
Black Coral and cause damage to sensitive habitats. ” |
Insert, after objective 11.7.7.4:
| “ Objective 11.7.7.5 | Anchoring or mooring in China Shops in the Fiordland
(Te Moana o Atawhenua) Marine Area |
To provide for anchoring and mooring in China Shops in the Fiordland (Te Moana
o Atawhenua) Marine Area where these activities are not incompatible with the
special values of these areas and the cumulative adverse effects of these
activities are not likely to be significant. Explanation
—Anchoring and mooring are not necessarily incompatible with protecting
China Shops. However, in China Shops the adverse effects of anchoring or
mooring (such as the disturbance of the seabed and destruction of marine
communities) have the potential to be significant. Where activities pose a
threat to these values, the areas should be identified and specific controls
put in place to prevent damage. Insert, after policy 11.7.7.21:
| “ Policy 11.7.7.22 | Anchoring or mooring in China Shops in the Fiordland (Te
Moana o Atawhenua) Marine Area |
“Prohibit anchoring or the placement of moorings in those China Shops shown
on Maps 2 to 6 of Appendix 3A. These China Shops have been identified as
particularly sensitive to the adverse effects of anchoring and
mooring. “ Explanation —The Guardians of Fiordland's Fisheries
and Marine Environment identified, in the Fiordland Marine Conservation
Strategy document, areas of special significance where the natural values
would be severely compromised because of the disturbance of the seabed by
vessels anchoring or mooring. These areas are identified in Maps 2 to 6 of
Appendix 3A of this Plan and are described as—
| Clio Rock in Bligh Sound: the area between Macdonell Island and Gardner Head
in Bradshaw Sound: the area at the intersection of Acheron Passage and Wet
Jacket Arm between Breaksea and Dusky Sounds: Nine Fathoms Passage, off Cooper
Island, Dusky Sound: Narrow Bend from Adam Head to Sandy Point in Long
Sound.” |
Omit rule 11.7.7.1 and substitute:
| “ Rule 11.7.7.1 | Mooring facilities in recognised anchorages except for in
specified mooring areas |
The establishment of mooring facilities in recognised anchorages listed in
Appendix 6, where such facilities are available for the use of all mariners,
is a permitted activity provided that— a) information is shown on any buoy,
pole, or device marking a mooring showing: i) the owner of the mooring
ii)
the maximum designed ship tonnage of the mooring
b) the Southland Regional
Council is advised prior to the installation of the mooring of: i) the owner
of the mooring
ii) the maximum designed ship tonnage of the mooring
“except
that this rule does not apply to: c) anchorages referred to in rules 11.7.7.2,
11.7.7.4, 11.7.7.5, and 11.7.7.13
d) anchorages in any marine reserve, Deep
Cove or Milford Sound.
Insert, after the expression 11.7.7.5, the expression,
and 11.7.7.13. Insert, after the words greater
scrutiny.: Moorings in the 5 locations listed in rule 11.7.7.13 are
prohibited.Insert, after rule 11.7.7.12:
| “ Rule 11.7.7.13 | Anchoring or mooring in China Shops in the Fiordland (Te
Moana o Atawhenua) Marine Area |
Any activity involving anchoring or placement of moorings in the following
areas of the Fiordland (Te Moana o Atawhenua) Marine Area, defined in Maps 2
to 6 of Appendix 3A is a prohibited activity:
| Clio Rock in Bligh Sound: the area between Macdonell Island and Gardner Head
in Bradshaw Sound: the area at the intersection of Acheron Passage and Wet
Jacket Arm between Breaksea and Dusky Sounds: Nine Fathoms Passage, off Cooper
Island, Dusky Sound: Narrow Bend from Adam Head to Sandy Point in Long Sound. |
Explanation —The natural values would be severely compromised if vessels
anchor or moor in these locations.Insert, after issue 14.3.2:
| “ Issue 14.3.3 | Unique habitats in the Fiordland (Te Moana o Atawhenua)
Marine Area, including fragile, slow-growing corals can be damaged by divers. |
| “ Objective 14.3.1 | Fiordland's waters |
Insert, after the words the diving values of Fiordland's waters:while
protecting those values in the Fiordland (Te Moana o Atawhenua) Marine Area
from potential damage caused by diving.Insert, after the second sentence of
the explanation to objective 14.3.1:Unfortunately, the relative rarity of many
of these habitats at diveable depths and the fragility of some of the species
within these habitats puts them at risk from the impacts of divers. Many of
the colonies of corals, in particular, are very slow growing. This makes
habitats containing these species particularly vulnerable to accidental
breakage or partial damage, which coupled with slow growth has the potential
to adversely affect their long-term viability.Insert, after the words to
maintain and enhance these values:while protecting unique habitats, and
fragile species in the Fiordland (Te Moana o Atawhenua) Marine Area from the
adverse effects of diving.Insert, after the second sentence of the explanation
to policy 14.3.1:However, research has shown that in frequently dived areas
damage can be caused to fragile species, such as corals, from fins and
inappropriate diver behaviour or accidental damage. In the long term,
unchecked damage from divers can threaten the long-term viability of these
unique habitats.Insert, after outcome 14.3.1:
| “ 14.3.2 | Unique and fragile habitats in the Fiordland (Te Moana o Atawhenua)
Marine Area are protected from the adverse effects of diving. ” |
Omit the third sentence of paragraph 4 and substitute:Other types of
organisations with a management role in the coastal marine area include
Statutory Advisory Groups such as the Fiordland Marine Guardians, Fish and
Game Councils, and Heritage New Zealand Pouhere Taonga. History: Schedule 12
item relating to section 20.1: amended, on 20 May 2014, by section 107 of the
Heritage New Zealand Pouhere Taonga Act 2014 (2014 No 26).
Insert, after
paragraph 1:
| “1.a | Have regard to the Guardians of Fiordland's Fisheries and Marine
Environment Fiordland Marine Conservation Strategy to the extent that the
Strategy is consistent with the Fiordland (Te Moana o Atawhenua) Marine
Management Act 2005.” |
Insert, in its appropriate alphabetical order, the following definition:
"China Shop" means an area identified— a) by a number on Map 1 of Appendix
3A; and
b) as a prohibited anchoring area on Maps 2 to 6 of Appendix 3A.
Omit
the definition of Fiordland and substitute:Fiordland means that area of the
coastal marine area adjoining the coastline from Awarua Point to Sand Hill
Point, including that part of the coastal marine area around the Solander
Islands and includes all of that area known as the Fiordland (Te Moana o
Atawhenua) Marine Area.
"Fiordland (Te Moana o Atawhenua) Marine Area" means that part of the
Southland coastal marine area adjoining the coastline from Awarua Point to
Sand Hill Point, but not including the coastal marine area around the Solander
Islands, and has the same meaning as set out in the Fiordland (Te Moana o
Atawhenua) Marine Management Act 2005. Insert, in their appropriate
numerical order, the following items:
| Map | Anchor ID | Name | | Usage | Type | Comments |
| 3 | 038a | Cove north of Macdonell Island (Bradshaw Sound) | | Moderate | Anchorage | |
| 3 | 041a | Bauza Island (Doubtful Sound) | | Unknown | Anchorage | |
| 5/5a | 089a | Shoal Point (Chalky Inlet) | | Unknown | Anchorage | |
| 5/5a | 089b | Blind Entrance (Chalky Inlet) | | Unknown | Anchorage | |
| 5/5a | 089c | Passage Islands (Chalky Inlet) | | Unknown | Anchorage | |
| 5/5a | 092a | Cliff Cove (Cunaris Sound) | | Unknown | Anchorage | |
| 5/5a | 097a | Anchorage Cove (Chalky Inlet) | | Unknown | Anchorage | |
| 5/5a | 098a | Welcome Bay (Preservation Inlet) | | Unknown | Anchorage | |
| 5/5a | 098b | Red Head (Chalky Inlet) | | Unknown | Anchorage | |
| 5/5a | 099a | Brokenshore Bay (Preservation Inlet) | | Unknown | Anchorage | |
| 5/5a | 104a | Fishing Bay (Preservation Inlet) | | Unknown | Anchorage | |
| 5/5a | 104b | Cavern Head (Preservation Inlet) | | Unknown | Anchorage | |
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