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June 2001
Albatross and petrel species are major components of New Zealand’s marine protected species. Because of their migratory nature, domestic conservation efforts are only partially effective in ensuring the conservation of a number of indigenous species.
New Zealand has also recently ratified of the United Nations Straddling Fish Stocks Agreement
These Agreements are limited in terms of either geographic focus; species focus or through their primary focus on habitat. Membership of these Agreements alone falls short of enabling New Zealand’s effective involvement in the international conservation of a number of threatened migratory species present in its EEZ. The CMS is unique in terms of its focus on migratory species themselves and particularly those under threat. The proposed albatross and petrel Agreement proposes actions specifically relating to international conservation efforts relating to these species.
Becoming party to this Agreement will enable the New Zealand Government to take steps to ensure that albatross and petrel species indigenous to New Zealand and important to iwi are protected in areas that are not within our jurisdiction. All the New Zealand species covered by the Agreement are fully protected by The Wildlife Act 1953, so no changes to domestic legislation would be necessary.
The basic objective of the Agreement is to achieve and maintain a favourable (i.e. improved) conservation status for albatross and petrel species throughout their range. In order to achieve this, parties to the Agreement shall take a range of conservation, monitoring and information based measures, both individually and collectively. The measures ate specified in an action plan appended to the Agreement. Measures include:
Once the Agreement has entered into force, implementation of measures will be done cooperatively by parties to the Agreement and according to guidelines to be developed by the Agreement’s advisory committee.
Additional costs to be met by New Zealand arising out of becoming party to this Agreement are primarily associated with supporting the Agreement’s secretariat. Decisions on the contributions to this to be made by parties to the Agreement will be made at the first conference of parties. Until that time it appears that Australia will provide the location and resources for the secretariat.
Additional costs may be involved where overseas travel is required in relation to the Agreement and attendance at the conference of the parties. These costs would be addressed through the Department of Conservation’s yearly process for approval of international travel.
Existing legislation and regulations are already in place in New Zealand to manage the conservation of albatross and petrel species. Conservation work undertaken domestically according to these requirements is likely to meet the action plan’s requirements so it is not envisaged that any compliance costs will arise from becoming party to the Agreement.
All the New Zealand species covered by the Albatross and Petrel Agreement are fully protected under the Wildlife Act 1953 and any measures for their conservation arising out of this Agreement would be implemented through the provisions of that Act.
The following agencies have been consulted in the process of preparing this paper and their views are reflected in the paper: Department of Prime Minister and Cabinet, Ministry for the Environment, Ministry of Fisheries, Ministry of Foreign Affairs and Trade, Treasury. Te Puni Kokiri requested a Treaty of Waitangi Impact Analysis and their comments are outlined in that section.
Iwi within whose rohe albatross and petrel species breed were consulted in the development of New Zealand’s position in relation to the albatross and petrel agreement and in the preparation of this paper. Ngai Tahu supported the proposal as it provides additional protection to taonga species whilst recognising the rights and interests of indigenous peoples to continue customary use of these species where this is sustainable. The Treaty of Waitangi Fisheries Commission (Te Ohu Kai Moana) supported New Zealand becoming party to the Agreement.
The New Zealand Seafood Industry Council indicated that there was little to object to in the proposal but saw few benefits beyond those available through the provisions of the UN Convention on the Law of the Sea. SeaFIC was also concerned to ensure that no extra costs would be borne by the fishing industry as a result of New Zealand becoming a party to this Agreement
Environmental organisations including Royal Forest and Bird and the World Wide Fund for Nature also supported New Zealand becoming a party to this Agreement.
