BRIEFING MAUI'S AND HECTOR'S DOLPHINS - Hector's And Maui's .

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BRIEFING MAUI’S AND HECTOR’S DOLPHINS Facing Extinction: Maui’s and Hector’s Dolphins New Zealand’s recipe for extinction NABU International Foundation for Nature Dr Barbara Maas Head of International Species Conservation Tel 49 (0) 30 2849 8417 20 Hector’s dolphins (Cephalorhynchus hectori hectori) and their close relative the Maui’s dolphin (Cephalorhynchus hectori maui) live only in New Zealand and are the smallest and rarest marine dolphins on earth. Hector’s dolphins have declined from an estimated 29,000 in the 1970s to just over 7,000 today as a result of fishing. Maui’s dolphins have been affected even more severely. Gillnetting and trawling have decimated them from almost 2,000 to around 50 individuals in 40 years. Despite such low numbers, the New Zealand government is failing to implement effective protection measures. Both subspecies are in decline. Maui’s dolphins have become so rare that the population can sustain only one human induced death every 10-23 years (0.044 – 0.1/year, Currey et al. 2012). Fisheries bycatch alone however amounts to 3-4 Maui's per year – still more than 54 times the sustainable level (PBR). Under these conditions optimistic projections predict the functional extinction ( 3 breeding females) of Maui’s dolphins in 16-20 years. The Scientific Committee of the International Whaling Commission has sharply criticized New Zealand over three consecutive years over its failure to address the dolphins’ decline by banning gillnet and trawl fisheries across their habitat. The IUCN, the Society for Marine Mammalogy (SMM) and the New Zealand Marine Sciences Society have issued similar recommendations. The New Zealand government has entirely ignored this advice. Other threats, including large scale marine mining, seismic air gun blasts and oil and gas production also threaten the survival of Maui’s and Hector’s dolphins. Threats to Maui’s and Hector’s dolphins Fisheries bycatch Hector's and Maui's dolphins inhabit coastal waters up to a depth of 100 m (red area in map below; Dawson et al. 2004; Slooten et al. 2004; Rayment et al. 2010, 2011; MacKenzie & Clement 2014) and have declined for over four decades because their protection is inadequate in terms of the areas M 44 (0) 7970987742 barbara.maas@nabu.de www.hectorsdolphins.com

BRIEFING HECTOR’S AND MAUI’S DOLPHINS FACING EXTINCTION 2 and the fishing methods it covers. Less than 20% of the dolphins’ habitat is protected against gillnetting (green). The level of protection from trawling is significantly lower and covers 5% of Maui’s dolphin (North Island) and 8% of Hector’s dolphins (South Island) habitat. As a result, both subspecies continue to decline. Several South Island Hector’s dolphin populations consist of fewer than 100 individuals. The small population of Hector’s dolphins on the north coast of the South Island, which has the potential act as a source population in the recovery of Maui’s dolphins is entirely unprotected. Leaving this vital conservation corridor unprotected threatens the survival of both Maui’s and Hector’s dolphins. In 2012, a government appointed Panel of Experts determined that gillnets and trawling kill approximately five Maui’s dolphins each year (Currey 2012). A small extension to existing fisheries exclusion zones, introduced in December 2013, merely reduced this level of bycatch to 3.28 - 4.16 Maui’s dolphins per year – still 54 times the sustainable limit (Slooten 2014). This level of fisheries bycatch could lead to the extinction of Maui’s dolphins as early as 2031. The New Zealand’s National Institute for Water and Atmosphere (NIWA) estimated that 110-150 Hector’s and Maui’s dolphins were killed each year between 2000 and 2006 (Davies et al. 2008). During that same period less than 1% of incidental bycatch cases were reported by fishermen or independent observers on fishing boats (DOC Incidence Database). Current protection measures don’t extend far enough offshore, exclude harbours and a migration corridor between the North and South Islands, and differ significantly for trawling and gillnet fisheries. If man-made threats were removed, Maui’s dolphin could recover to a population size of 500 individuals a less threatened status in less than 90 years. To achieve this goal, the dolphins’ habitat has to be fully protected to a water depth of 100 meters. An unprecedented level of new threats has been added to the dolphins’ threat profile since then. They include seismic testing, fossil fuel exploration and extraction, and large scale marine mining. According NZ government appointed Panel of Experts fisheries bycatch accounts for 95.5 percent of human induced mortality amongst Maui’s dolphins. Oil exploration, production, and mining In 2012, a government appointed Panel of Experts was asked to estimate the level of Maui’s dolphin mortality due to human activities for the period between 2012 and 2017. The Panel agreed that 95.5% of Maui’s mortality is caused by fishing (Currey et al. 2012). The remaining 4.5% were ascribed to other causes such as mining, oil exploration, disease, pollution and boat strikes etc. At that time marine mining was estimated to cause one Maui's dolphin death every ten years. Mining therefore exceeds the sustainable level of mortality for Maui’s dolphins of one death every 10-23 years. Since then, plans for large-scale marine mining operations in or adjacent to Maui’s dolphin habitat have been made public (see map below), indicating that this threat has become much more significant since the Panel carried out its assessment. Maui’s dolphins may become extinct as early as 2031 as a result of fishing

BRIEFING HECTOR’S AND MAUI’S DOLPHINS FACING EXTINCTION Besides expanding marine mining activities, marine oil exploration is also undergoing a rise in marine in New Zealand. These activities directly and indirectly threaten both Hector’s and Maui’s dolphin populations through increased noise, including seismic testing (see below), pollution, ship strikes and the loss and degradation of habitat and food supplies, stress and displacement. An increased number of wells, together with increased levels of offshore storage and offloading of oil to shuttle tankers will intensify these risks Currey et al. (2012) explains that is not only the “oil itself that may impact on the dolphins, but many aspects of an oil spill response will have direct or indirect effects on the population, eg, the use of dispersants to clean up the oil, increased vessel activity in the area, the use of sonar for tracking lost cargo etc.” These circumstances are further exacerbated by the fact that New Zealand’s ability to deal with offshore oil spills is poor due to a lack of specialist equipment and resources. 3

BRIEFING HECTOR’S AND MAUI’S DOLPHINS FACING EXTINCTION No systematic marine mammal population surveys were conducted to robustly assess the direct, indirect and cumulative impacts of this development. The sample trajectory of a potential oil spill of the planned OMV Maari development off the west coast on New Zealand’s North Island indicates how a spill could penetrate deeply into Maui’s dolphin habitat in 72 hours (see map above). The programme also threatens recently discovered foraging grounds of Blue whales. Scientific consensus Hector's and Maui’s dolphins are amongst the best-studied species of marine mammals with an extensive body of peer-reviewed scientific literature describing their distribution, abundance, population structure and demography. Over a period of more than three decades, scientists from New Zealand and elsewhere have provided an exceptionally strong scientific basis for managing fisheries to prevent their ongoing decline. Experts agree that prohibiting gillnet and trawl fisheries across the dolphins’ habitat is necessary to affect recovery. Without these measures Maui’s dolphins will continue to decline towards extinction, and Hector’s dolphins are predicted to follow suit. The Scientific Committee of the International Whaling Commission The IWC Scientific Committee first discussed Hector’s dolphin bycatch in 1984, when the Small Cetaceans Sub Committee “recommended the continuation of population studies, plus an investigation of the interaction between C. hectori and the local fishery” In 2008, the IWC Scientific Committee reviewed a quantitative assessment of a recently introduced package of marine protected areas for Hector’s and Maui’s dolphins. While these measures reduced the overlap between harmful fisheries on Hector’s and Maui’s dolphins, the majority of the dolphins’ habitat remained open to gillnetting and trawling. Two genetically distinct Hector’s dolphin populations (there are three in total) in the North and the West coast of the South Island were afforded either no, or minimal seasonal protection respectively. The Scientific Committee’s 2008 Report therefore “stresses that additional measures may be required to ensure recovery of the species” (Donovan 2009). For the past three years the IWC Scientific Committee has issued a series of increasingly insistent recommendations to prompt New Zealand to implement effective conservation measures for Maui’s dolphins. In 2012 the IWC Scientific Committee expressed particular concern about the low population size of Maui’s dolphins, estimated at 55 (48-69) individuals aged one year and older in 2010 (Hamner et al., 2012). The Committee recommended that the protected off the west coast of the North Island be extended and noted that further population fragmentation could be avoided by providing “safe ‘corridors’ between North and South Island populations (Hamner et al., 2012)” (Donovan 2012). In 2013 the IWC Scientific Committee reiterated its earlier concerns and recommended that “the highest priority should be given to immediate management actions that will lead to the elimination of bycatch of Maui’s dolphins. This includes full closures of any fisheries within the range of Maui’s dolphins that are known to pose a risk of bycatch of small cetaceans.” The Committee emphasised that the critically endangered status of Maui’s dolphin and the inherent uncertainties involved in trying to assess small populations “require the immediate implementation of precautionary measures. Ensuring full protection of Maui’s dolphins in all areas throughout their habitat, together with an ample buffer zone, will minimise the risk of bycatch and maximise the chances of population increase” (Donovan 2013, p 66). 4

BRIEFING HECTOR’S AND MAUI’S DOLPHINS FACING EXTINCTION In its 2014 the IWC Scientific Committee noted that “the current management situation falls short of that required to reverse the Maui’s dolphin decline”. “reiterates its extreme concern about the continued decline of such a small population as the human-induced death of even one dolphin would increase the extinction risk for this subspecies” of Maui’s dolphins. “emphasizes that current protection measures fall significantly short of those previously noted that bycatch numbers would not be reduced to zero even with the most recent increased area closures. commends the New Zealand Government for adding an additional 350 sq. km set net restriction but “emphasises that these measures fall significantly short of “reiterates that rather than seeking further scientific evidence it is of highest priority to take immediate management actions that will eliminate bycatch of Maui’s dolphins. This includes full closures of any fisheries within the range of Maui’s dolphins that are known to pose a risk of bycatch of small cetaceans (i.e. set net and trawl fisheries).” “re-emphasises that the critically endangered status of Maui’s dolphin and the inherent and irresolvable uncertainty surrounding information on small populations, require the implementation of precautionary measures” stated “that ensuring full protection of Maui’s dolphins in all areas throughout their habitat, together with an ample buffer zone, would minimise the risk of bycatch and maximise the chances of population increase”. notes “that the current range of Maui’s dolphins comprises the area from Maunganui Bluff in the north to Whanganui in the south, offshore to 20 nautical miles and including harbours. This range reflects all available sightings and strandings data for Maui’s and Hector’s dolphins along the West Coast of the North Island “notes that data from Hector’s dolphins off the South Island, with most sightings in waters less than 100 m deep and less than 20 nm offshore support our understanding of the offshore distribution of Maui’s dolphins and the recommendation that within this defined area, fishing methods other than set nets and trawling should be used” (Donovan 2014, p 58) The New Zealand government not only disregarded the Scientific Committee’s advice but acted in directly against its recommendation by failing to introduce further protection measures and by focussing on the initiation of a redundant five year research plan instead. Moreover, the New Zealand government is actively encouraging and subsidising increased marine mining and oil exploration activities inside and adjacent to Maui’s dolphin habitat. The International Union for Conservation of Nature In September 2012, after conferring with its Species Survival Commission Cetacean Specialist Group, the IUCN World Conservation Congress issued a motion (IUCN 2012) that urged the New Zealand government to “Urgently extend dolphin protection measures and in particular to ban gill net and trawl net use from the shoreline to the 100 meter depth contour in all areas where Hector’s and Maui’s dolphins are found, including harbours “increase immediately the level of monitoring and enforcement and to require 100 percent observer coverage on any gill net or trawling vessels allowed to operate in any part of the range of Hector’s and Maui’s dolphins until such bans can be implemented”; and to “report such action and monitoring and enforcement results”. The motion was adopted with 117 governmental and 459 NGO votes in favour. New Zealand cast the only two opposing votes. 5

BRIEFING HECTOR’S AND MAUI’S DOLPHINS FACING EXTINCTION The Society for Marine Mammalogy The Society for Marine Mammalogy (SMM) is the world's largest professional group dedicated to the study of marine mammals, with a membership of approximately 2,000 scientists from 60 countries. In 2008 the SMM first expressed its “grave concern” about the future of Maui's and Hector's dolphins in a presidential letter to the then Prime Minister of New Zealand, Helen Clark (SMM 2008). In the letter, the SMM sets out that “the primary threat to both sub-species is bycatch in commercial and recreational gill net fisheries and trawl fisheries” “any level of by-catch of Maui's dolphin is unsustainable” and that the estimated by-catch rates for Hector's dolphins are the primary conservation concern “the prohibition of gill net and trawl fisheries is the only effective conservation measure that has proven to reduce by-catches of all small cetaceans” “Significant increases in the nature and extent of the spatial protection are required to limit the risk of extinction for Maui's dolphin and to improve the conservation status of Hector's dolphin across all populations”. In February 2013, shortly after the publication of a new abundance estimate of 55 individuals aged one year and older was published, the SMM once sent a presidential letter to New Zealand’s Prime Minster John Key urging him to “ban gillnet and trawl fisheries in all areas where these dolphins are found” to avert their extinction. (SMM 2013a) In April 2013 the SMM sent a separate letter in which it expressed its concern about ongoing seismic testing in a marine protected area for Maui’s dolphins. The letter explained that the USA had recently rejected a permit to carry out seismic surveys in harbour porpoise habitat off the coast of California because the impact was considered excessive for this population of 2000 individuals. The Society therefore urged New Zealand “to reconsider the decision to allow this seismic testing in and near the protected area in light of the high risk to the Maui's dolphin” “not only because of the risk of direct harm to dolphin hearing but also because potential displacement from this habitat by Maui's dolphins could result in increased bycatch in unprotected areas. Allowing this seismic testing thus appears inconsistent with the New Zealand Government's stated goal of enabling this subspecies to recover” (SMM 2013b) In September 2013 the SMM despatched a fourth communication in response to a letter by New Zealand Minister of Conservation, Nick Smith, in which he asserted that Maui’s dolphins were sufficiently protected. “It is our professional opinion that to successfully conserve this sub-species, it will be necessary to reduce the risk of Maui's dolphins being caught in nets to zero. This can only be done by extending the proposed netting closures to cover the entire range of the Maui's dolphin. While we realize the complications of such an action, the Society hopes that the New Zealand government will be able to take this critical step to save the world's rarest dolphins.” (SMM 2013c) Reproduction and recovery Although the level of genetic diversity amongst Maui’s dolphins is relatively low, it is higher than expected for such a small population (Hamner et al.2012). From a biological perspective, Maui's dolphins are not doomed to extinction, provided that human induced mortality is curtailed as a matter of urgency. Both Hector’s and Maui’s dolphins reproduce very slowly. Recovery will therefore be protracted. However, without bycatch, Hector’s dolphins could recover to at least half their original numbers within decades. Even assuming maximum population growth (1.8%) a population of 50 Maui’s 6

BRIEFING HECTOR’S AND MAUI’S DOLPHINS FACING EXTINCTION dolphins can grow by just one individual a year at the most. It would take over 80 years for Maui’s dolphin numbers to rise to 500 individuals – the population size required for reclassification from Critically Endangered to Endangered under the IUCN Red List of Threatened Species (IUCN 2001). In their severely depleted state, Maui’s dolphins can only absorb one human induced death every 10-23 years. As recognised by the IWC Scientific Committee (Donavan 2013) the loss of even one Maui’s dolphin can therefore have devastating consequences on the population. An annual bycatch rate of 3-4 individuals (Slooten 2014) will reduce the current population to three breeding females in 16 to 34 years (functional extinction). Conclusion The international scientific community has unanimously expressed strong concerns over the unsustainable level of fisheries bycatch amongst Maui’s and Hector’s dolphins. The IWC’s Scientific Committee, the International Union for Conservation of Nature (IUCN), the Society for Marine Mammalogy (SMM) and the New Zealand Marine Sciences Society (NZMSS) agree that protection measures for Maui’s dolphins fall dramatically short of requirements for population recovery. In line with recommendations made by the IUCN, SMM, IWC and other scientific bodies NABU International call for a ban on gillnetting and trawling across all Maui’s and Hector’s dolphin habitat offshore to a water depth of 100 metres. In the interest of long-term biological and economic sustainability we ask the New Zealand government to support the transition of affected fishermen to alternative livelihoods or sustainable, selective fishing methods that do not impact on Maui’s or Hector’s dolphins or other protected species, or Mindful of the significant and large aerial effects associated with these activities, protection measures should be extended beyond the 100 metre depth contour limit of Maui’s and Hector’s dolphins to include biologically meaningful buffer zones where there is: . No use of seismic airgun blasts New fossil fuel exploration and other new marine mining activities are prohibited Alternatives to airgun blast, such as vibroseis are used Population recovery of Hector’s and Maui’s dolphins has been marred by a consistent lack of objective, science-based, measurable management targets. As a result, protection measures for currently consists of an arbitrary mix of inconsistent and biologically meaningless fisheries exclusion zones, which extend from zero to two, or four and seven nautical miles offshore and reflect fishing interests instead of dolphin distribution. History has shown that dolphin populations this small can disappear very quickly. The Baiji (or Chinese river dolphin) was declared extinct in 2006. Although 40 Baiji survived in 1998, not a single individual could be found in 2006 despite an extensive survey. Any bycatch of Maui's dolphins is clearly unsustainable. Unless New Zealand implements science-based conservation measures for Maui’s dolphins immediately, the world’s smallest and rarest marine dolphin will follow the Baiji into oblivion. While local and international experts agree that fishing is the number one threat that is driving the extinction, New Zealand’s seafood umbrella organisation Seafood New Zealand still maintains that when it comes to Maui’s dolphins “the factual information does not support the statement that fishing is the, or even a, major cause of population decline” (Seafood New Zealand 2014). The science of averting the extinction Maui’s and Hector’s dolphins is as clear as the inevitable outcome of continuing to override an increasingly pressing conservation mandate with economic arguments. Maui’s dolphin extinction is not inevitable. Failure to afford this remnant population immediate and habitat wide protection against gillnetting, trawling and other threats will result in the loss of the first marine cetacean as a result of human actions. 7

BRIEFING HECTOR’S AND MAUI’S DOLPHINS FACING EXTINCTION Bibliography Currey RJC, Boren LJ, Sharp BR, Peterson D (2012) A risk assessment of threats to Maui’s dolphins. Ministry for Primary Industries and Department of Conservation, n/ Davies NM, Bian R, Starr P, Lallemand P, Gilbert D, McKenzie J (2008) Risk analysis for Hector’s dolphin and Maui’s dolphin subpopulations to commercial set net fishing using a temporal-spatial age structured model. Wellington, Ministry of Fisheries. www.fish.govt.nz/NR ectorNIWA/riskanalysis.pdf 113p. Dawson SM, Slooten E, DuFresne S, Wade P, Clement D (2004) Small-boat surveys for coastal dolphins: Line-transect surveys for Hector's dolphins (Cephalorhynchus hectori). Fish Bull 201: 441-451 %5Cen%5CM-035-2012EN.pdf IWC 2084 Donovan, G.P. (Editor) 2012. Report of the Scientific Committee. J. Cet. Res. Manage. 12 (Suppl.) Donovan, G.P. (Editor) 2013. Report of the Scientific Committee. J. Cet. Res. Manage. 13 (Suppl.) https://archive.iwc.int/pages/view.php?ref 3285&search !collection73&order by relevance&sort DESC&offset 0&archive 0&k &curpos 0 Donovan, G.P. (Editor) 2014. Report of the Scientific Committee. J. Cet. Res. Manage. 13 (Suppl.) Hamner RM, Oremus M, Stanley M, Brown P, Constantine R, Baker CS (2012) Estimating the abundance and effective population size of Maui’s dolphins using microsatellite genotypes in 2010-11, with retrospective matching to 2001-07. Department of Conservation Report available from www.doc.govt.nz IUCN (2012) Motion 035. Actions to avert the extinctions of rare dolphins: Maui’s dolphins, Hector’s dolphins, Vaquita porpoises and South Asian river and freshwater dependent dolphins and porpoises. Maas B (2013 Science-based management of New Zealand’s Maui’s dolphins), International Whaling Commission SC/65a/SM06, 14 pp MacKenzie DL, Clement DM (2014) Abundance and distribution of ECSI Hector’s dolphin. Report for Ministry for Primary Industries, Wellington, New Zealand Rayment W, Clement D, Dawson S, Slooten E, Secchi E (2011) Distribution of Hector’s dolphin (Cephalorhynchus hectori) off the west coast, South Island, New Zealand, with implications for the management of bycatch. Marine Mammal Science 27: 398-420 Rayment W, Dawson SM, Slooten E (2010) Seasonal changes in distribution of Hector’s dolphin at BanksPeninsula, New Zealand: implications for protected area design. Aquatic Conservation: Marine and Freshwater Ecosystems 20: 106–116 Seafood New Zealand (2014) New Zealand Maui’s dolphins facts ssues/new-zealands-mauisdolphins-facts/ Slooten E. (2014) Effectiveness of extensions to protected area for Maui’s dolphin in 2012 and 2013 International Whaling Commission Scientific Committee Paper SC/65b/SM08, 28 pp paper/viewFile/818/819/SC-65b-SM08.pdf Slooten E, Dawson SM, Rayment WJ (2004) Aerial surveys for coastal dolphins: Abundance of Hector’s dolphins off the WCSI, NZ. Mar Mamm Sci 20: 117-130 Society for Marine Mammalogy 2013a. Letter from President of Society for Marine Mammalogy to Clarke, H.(Prime Minister of NZ), 8 March 2008, See: Presidential Letters on n com content&view article&id is-dolphins&catid 65:presidential-letters&Itemid 183 Society for Marine Mammalogy 2013a. Letter from President of Society for Marine Mammalogy to Key, J.(Prime Minister of NZ), Guy, N. (Minister for Primary Industries) and Smith, N. (Minister of Conservation), 11 February 2013, See: Presidential Letters on n com content&view article&id mauis-dolphin&catid 65:presidential-letters&Itemid 183 Society for Marine Mammalogy 2013b. Letter from President of Society for Marine Mammalogy to Key, J. (Prime Minister of NZ), Guy, N. (Minister for Primary Industries) and Smith, N. (Minister of Conservation), 17 April 2013, See: Presidential Letters: n com content&view article&id seismic-surveys-and-mauis-dolphin&catid 65:presidential-letters&Itemid 183 Society for Marine Mammalogy 2013c. Letter from President of Society for Marine Mammalogy to Smith, N. (Minister of Conservation), 11 February 2013, See: Presidential Letters: n com content&view article&id olphi&catid 65:presidential- 2014, NABU International Foundation for Nature, Charitéstraße 3, 10117 Berlin, Photos: NABU/Barbara Maas, Steve Dawson, Andreas Maecker, Peter Langlands 09/2014 8

Hector's dolphins (Cephalorhynchus hectori hectori) and their close relative the Maui's dolphin (Cephalorhynchus hectori maui) live only in New Zealand and are the smallest and rarest marine dolphins on earth. Hector's dolphins have declined from an estimated 29,000 in the 1970s to just over 7,000 today as a result of fishing.

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