Aquaculture

Managing the region’s aquaculture

• Aquaculture reform legislation
• Review of consent conditions
• New Aquaculture Management Area for Southern Kaipara Harbour
• Current aquaculture variations to the Auckland Regional Plan: Coastal
• New planning approach for aquaculture
• New aquaculture policy framework
• Excluded areas for aquaculture

Aquaculture reform legislation

On 1 January 2005, the government introduced changes to how aquaculture is managed in New Zealand. The stated purpose of the reforms is to enable the sustainable growth of aquaculture and to ensure that cumulative environmental effects are properly managed while not undermining the fisheries regime or Treaty of Waitangi settlements.

They key outcomes of this reform legislation are:

• All aquaculture to be managed by regional councils under the Resource Management Act (RMA)
• Aquaculture can only be established in special zones within regional coastal plans called ‘Aquaculture Management Areas (AMAs)' and requires a coastal permit
• AMAs can only be established by changes to regional coastal plans
• A new plan change process, specific to AMA development, by Invited Private Plan Changes (IPPC) for areas outside any declared Excluded Areas
• Proposed AMAs must pass the ‘undue adverse effects' test on fisheries by the Ministry of Fisheries
• Establishment of a process for the equivalent of 20% of all aquaculture space created since 22 September 1992 to be passed to Maori as part of Treaty of Waitangi fisheries grievance resolution.

Planning for AMAs is now our main focus in relation to marine farming in the region.

Review of consent conditions and farm boundaries

The aquaculture law reform made the authorisations of existing marine farms "deemed AMA's and deemed coastal permits" under the RMA, and passed their administration from MFish to the ARC. These coastal permits have an expiry of 1 January 2025. We are currently reviewing the conditions of these coastal permits to ensure that they are consistent with the Resource Management Act.

In some cases the space occupied by those existing farms does not align with the authorised space. Consent holders of such "off site" farms must either obtain approval from the ARC to amend the coastal permit to correspond to the present farm boundaries (provided the farm size is not increased), or move the farm to the originally approved location. We are currently processing a number of off site farm applications.

If you would like to know more about coastal consents take this link.

New Aquaculture Management Area for Southern Kaipara Harbour

On 10 April 2008 the ARC noted an amendment to the Auckland Regional Plan: Coastal bringing into effect a new AMA of 76 hectares in size located 3.1 kilometres southwest of Orongo Point.

This new AMA has been established under transitional components of the aquaculture reform legislation. It follows the approval by the Environment Court and the Minister of Conservation of coastal permits, and the issue by the Ministry of Fisheries of a marine farming permit.

The ARC is required by the reformed legislation to note the new AMA within the ARP:C. The AMA must be used for the farming of pacific oysters.

Current aquaculture variations to the Auckland Regional Plan: Coastal

In response to large numbers of applications received in 2000-2001 and to develop a more strategic approach to aquaculture management, the ARC in October 2002 publicly notified proposed Variations 2-6 to the Auckland Regional Plan: Coastal (ARP:C).

Variation 2 proposed objectives, policies and rules for aquaculture. Variations 3 - 6 proposed AMAs over existing marine farms and some new space. Over 1300 submissions were received. The ARC also investigated a possible additional AMA in the Western Firth of Thames, but no AMAs were proposed by the ARC arising from those investigations.

Hearings of submissions to the variations were initially placed on hold pending introduction of the aquaculture reform legislation and then later while the ARC reconsidered its planning approach to aquaculture in the light of these legislative changes.

Variation 3, which proposed AMAs in the Kaipara Harbour, was withdrawn in May 2006 due to increasing concerns about the environmental suitability of marine farming in those locations. In November 2006, the ARC resolved to take no further action on variations 2, 4, 5 and 6 while a proposed regional aquaculture policy framework and excluded areas are developed.

This decision maintains the status quo until initial planning has been completed and the new policy framework is publicly notified for submissions (likely to be early 2009). It is intended that the new policy framework will replace the existing variations.

If you would like to read the existing variations and background reports take this link.

New planning approach for aquaculture

In July 2006 the ARC resolved, in principle, to use the Invited Private Plan Change (IPPC) process for the establishment of new aquaculture management areas. The process involves the ARC inviting persons to make private plan change requests to establish AMAs. This differs from the previous process where the ARC proposed AMAs.

Any IPPC request then progresses through the normal plan change process and the Undue Adverse Effects (UAE) test approval from the Ministry of Fisheries.

New aquaculture policy framework

A new regional aquaculture policy framework to guide assessment of IPPC applications and the management of any resulting AMAs is under development. It will be included in the ARP:C and will be subject to the normal RMA plan change process.

Excluded areas for aquaculture

The ARC has also resolved to identify excluded areas (areas where invitations for IPPCs cannot be issued).

Identifying excluded areas involves gathering information on the social, cultural, economic and environmental uses and values of the coastal marine area. This will:

• Distinguish broad areas where future marine farming is both appropriate and inappropriate,
• Increase certainty to the community and industry.

Excluded areas will be declared by public notice under the RMA but don't form part of the regional coastal plan, so aren't subject to the normal RMA plan change processes.

The following pdf is a Letter to Hon Jim Anderton from Auckland Regional Council (ARC) Chairman Mike Lee regarding aquaculture in the Auckland region.

This letter was written in response to a letter from Hon Jim Anderton to ARC Chairman Mike Lee (22 April 2008)