Submission on: Draft Conservation Services Programme Strategic and Research Plan:

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1 Submission on: Draft Conservation Services Programme Strategic and Research Plan: From: Yellow-eyed Penguin Trust PO Box 5409 Dunedin Contact Person: Field Manager, David McFarlane, Phone The Yellow-eyed Penguin Trust (hereafter referred to as the Trust ) was established in 1987 and was the first single species charitable trust in New Zealand. The Trust Deed in its Objects & Purposes expressed its role as The Preservation Protection Conservation and Fostering of Flora and Fauna especially Megadyptes antipodes (yellow-eyed penguin) and other rare, regionally threatened and endangered marine and coastal species, their biological communities and ecosystems. The Trust is an active member on the CSL committee that looks at potential research projects funded by the levy. Our submission is: 1.Conservation Services Programme Policy 1.1 Scope While the Trust realises that the following comments are likely outside the bounds of this submission process, we believe they are timely and worth stating. (p.4 ) The Trust believes that the scope of the CSP is too narrow, especially as regarding the bullet point: Hence the scope of the CSP is bounded by activities:. where there is a potential or actual adverse effect on protected species This ignores the potential or actual adverse effect on the nature based tourism industry that relies on the yellow-eyed penguin and other sea bird species, such as the Royal albatross as its base resource. The nature based tourism industry, on Otago Peninsula alone, contributes $100 million per annum to the local economy. (Tisdell 2007) In other words, fisheries interactions with a range of seabird species, has economic impacts, as well as conservation ones.

2 Requested change: The Trust submits that this bullet point should read: where there is a potential or actual adverse effect on protected species or the nature-based tourism industry that relies on them. This would recognise and begin to deal with the obvious issue of one industry (fishing) potentially profiting at the expense of another (nature-based tourism) Protected species prioritisation (p.8) The plan in our opinion, correctly identifies the: inherent difficulties in prioritisation methods, often related to a lack of suitable data on incidental capture levels and population parameters, and especially for rarer species where even low incidental capture rates may have serious adverse effects on protected species populations. The previous Draft Marine Conservation Services Annual Plan 2011/12, has begun to deal with the population parameters for yellow-eyed penguins (Yellow-eyed Penguin review of population data). While this is a commendable initiative, there are still serious gaps in the data on incidental capture levels. Requested change: We submit that the CSP inshore observer programme, which has already proved its worth, must be extended sufficiently and be of adequate duration to fill this information gap Current state of knowledge and information gaps This section supports the importance of the observer programme to date; eg: (p.39) The major source of our current knowledge on the direct effects of fishing on protected species in New Zealand waters is the CSP Observer Programme Support: Given the demonstrable value of the CSP Observer Programme, the Trust strongly supports (as in 1.5.1) its continuation, extension and in the case of inshore fisheries, research into: complementary alternatives to human observers, such as electronic monitoring Indirect Effects Support: (p.43). See also 3h. The Trust was involved in funding the work of Mattern (2006) & Browne (2007) on the diet of yellow-eyed penguins on the Anglem Coast, Stewart Island, and the feeding grounds of yellow-eyed penguins on both the Anglem coast and Codfish Island (Whenua Hou) and supports further research into the indirect effects of fisheries interactions with yellow-eyed penguins. The penguins on the Anglem Coast are no longer replacing themselves due to starvation and disease, (Yellow-eyed Penguin Trust unpublished reports 2004 to 2009 inclusive)and now the rapidly decreasing numbers of nests and fledglings on Codfish Island, from 61

3 nests in 2001 to 39 in 2010 (Leseberg, 2012), calls for urgent intensive investigation and monitoring, of the type carried out on the Anglem Coast, to identify the causes for the sharp decline Priority fisheries interaction research areas 3a Baseline observer services Support: The Trust supports this baseline monitoring as the key to understanding the direct effects of protected species interactions with commercial fisheries. 3c Identification of Seabirds caught in fisheries Support: The Trust believes that correct identification of incidentally caught protected seabirds is essential. Please note: anyone carrying out necropsies of yellow-eyed penguins should scan for the presence of PIT tags. The Trust has been transpondering fledging yellow-eyed penguins at mainland South Island sites since 2009/2010 and earlier on Stewart Island. The Katiki Penguin Trust is also transpondering yellow-eyed penguins from its hospital facility at Moeraki. For your information: A Passive Integrated Transponder tag is a radio frequency device that transmits a unique individual code to a reader where it is displayed in numeric or alphanumeric form. The tag has no internal battery, hence the term passive. The reader powers or excites the tag circuitry by radio frequency induction and receives the code back from the tag. Radio frequency identification (RFID) does not require line of sight, tags can be read as long as they are within the range of a reader. Source: 3d Observing inshore and other poorly known fisheries Support: The Trust strongly supports the need to gain a better understanding of protected species interactions in inshore fisheries, and that yellow-eyed penguins should be one of the priority species for investigation. It is 12 years since Darby & Dawson published their paper on yellow-eyed penguins and gill nets, and it is timely that the nature and extent of such interactions are re-examined. Development of new / novel monitoring tools, such as electronic monitoring for collecting data on protected species interactions is supported as a key means of overcoming the observation barrier in the inshore fisheries. The Trust suggests that the with the growing number of yellow-eyed penguins marked with PIT tags, this may be a useful way of electronically monitoring penguin and other protected species (if also marked) interactions with fisheries.

4 Request change: The Trust is doubtful that a duration of 1-3 years per investigation is appropriate. Instead we request that they are reviewed annually, progress assessed and work continued until the objective ( Gain a better understanding of protected species interactions ) is achieved. Request investigation: The Trust requests an investigation into the feasibility of utilising PIT tags as an electronic means of monitoring interactions with inshore fisheries. 3e Investigation of poorly known protected species taxa in a fisheries context Support: The Trust supports this research, and that yellow-eyed penguins should be one of the taxa for investigation. Request change: See 3d; the investigations should not be time limited, but reviewed annually. 3f Understanding how fishing practices relate to the incidental capture of protected species. Support: The Trust supports the research, especially as it relates to and supports aspects of 3d. 3h Indirect effects of fishing on seabirds Support: The Trust has been involved in monitoring and research on Stewart Island involving yellow-eyed penguins since 1999, including funding and field support of foraging research. Examining the impact of fishing via indirect effects on yellow-eyed penguins is an extremely challenging but important topic for research. As also discussed in 3.1.2, we believe that quantifying the direct interaction of protected species with fisheries alone, is not necessarily enough to identify the causes of declines in populations of protected species such as the yellow-eyed penguin. Intensive shore based monitoring of diet, (including stable isotope analysis), feeding grounds, and reasons for mortality in chicks are necessary to fully identify the reasons for the decline in breeding success. Request change: 5 years should be seen as a minimum period for such an ambitious and important project. 3i Protected species interactions: Knowledge exchange Support: The Trust supports this initiative. Request change / addition: If it is seen as a useful addition to the knowledge exchange, especially as regarding yellow-eyed penguins, the Trust would be prepared to make staff

5 available and provide access to yellow-eyed penguin nesting areas (Otapahi Reserve/Otago Peninsula and Long Point / Irahuka Reserve/Catlins). An appreciation of the terrestrial breeding sites of the yellow-eyed penguin and the associated conservation efforts may enhance the understanding of this species Priority population study research areas 4f Yellow-eyed penguin review Support: The Trust is pleased to see that this research is underway Priority mitigation research areas 5h Mitigating protected species interactions with setnet fisheries Support: The Trust believes that as well as observing the interaction of protected species with inshore fisheries (3d) it is sensible to investigate practical techniques to minimise interactions, particularly with regard to set net fisheries. 5h will need to work in conjunction with 3a,d & e. References Blair D (2000) Yellow-eyed penguin survey Rakiura/Stewart Island : Stage One, November/December 1999 Interim Report. (Unpublished Report) Yellow-eyed Penguin Trust, Dunedin, New Zealand. Blair D (2004) Study into factors affecting breeding success of yellow-eyed penguins on Rakiura/Stewart Island. Year One: 2003/2004 Interim Report : The effect of cats on yellow-eyed penguin (Megadyptes antipodes) breeding success on the northern coast of Rakiura/Stewart Island. (Unpublished Report) Yellow-eyed Penguin Trust, in association with the Department of Conservation (Southland Conservancy). Browne T (2007) Diet of yellow-eyed penguins on Stewart and Codfish Islands: is diet responsible for poor yellow-eyed penguin chick survival on Stewart Island? Unpublished MSc thesis, University of Otago, Dunedin, New Zealand. Darby J & Dawson S (2000) Bycatch of yellow-eyed penguins (Megadyptes antipodes) in gillnets in New Zealand waters Biological Conservation 93: King S (2005) Breeding success of yellow-eyed penguins on Stewart Island and off-shore islands 2004/2005. Year Two. (Unpublished Report) Yellow-eyed Penguin Trust, in association with the Department of Conservation (Southland Conservancy).

6 King S (2006) Breeding success of yellow-eyed penguins on Stewart Island and off-shore islands 2005/2006. Year Three. (Unpublished Report) Yellow-eyed Penguin Trust, in association with the Department of Conservation (Southland Conservancy). King S (2007) Breeding success of yellow-eyed penguins on Stewart Island and off-shore islands Year Four 2006/2007 (Unpublished Report). Yellow-eyed Penguin Trust, in association with the Department of Conservation (Southland Conservancy). King S (2008) Breeding success of yellow-eyed penguins on Stewart Island and off-shore islands Year Five 2007/2008 (Unpublished Report). Yellow-eyed Penguin Trust, in association with the Department of Conservation (Southland Conservancy). King S (2009) A survey of yellow-eyed penguins on Stewart Island/Rakiura. 2008/2009. (Unpublished Report) Yellow-eyed Penguin Trust, in association with the Department of Conservation (Southland Conservancy). King S (2009) A survey of yellow-eyed penguins on Codfish/Whenua Hou 28 October 3 November (Unpublished Report) Yellow-eyed Penguin Trust, in association with the Department of Conservation (Southland Conservancy). Leseberg A (2011) The breeding success of yellow-eyed penguins on Codfish Island, the Bravos Islands and the Neck 2010/2011. (Unpublished Report) Yellow-eyed Penguin Trust, Dunedin, New Zealand. Leseberg A (2012) The breeding success of yellow-eyed penguins on Codfish Island, the Bravos Islands and the Neck 2011/2012. (Unpublished Report) Yellow-eyed Penguin Trust, Dunedin, New Zealand. Mattern T (2006) Marine ecology of offshore and inshore foraging penguins: The Snares penguin Eudyptes robustus and Yellow-eyed penguin Megadyptes antipodes. Unpublished PhD thesis, University of Otago, Dunedin, New Zealand. Tisdell, C (2007) Valuing the Otago Peninsula : the Economic Benefits of Conservation. Working Paper 145, Economics, Ecology and the Environment, University of Queensland.