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Forest & Bird proposal for a
Marine Mammal Sanctuary
to protect Maui’s dolphins
Maui’s Dolphin – Steve Dawson/NZ Whale & Dolphin Trust
5 February 2008
Steve Chadwick, Minister of Conservation
Parliament, Wellington
Dear Minister
Forest & Bird proposal for a Marine Mammal
Sanctuary to protect Maui’s dolphins
Forest & Bird proposes that a marine mammal sanctuary
be established off the north-west coast of the North Island
to protect the world’s rarest marine dolphin, Maui’s
dolphin, from the threat of extinction.
In August 2007 we sought public comments on our initial
proposal and the outcome of that process is the formal
proposal outlined in the attached report.
We now recommend that, pursuant to Section 22 (1) of the
Marine Mammals Protection Act 1978, you declare a
Marine Mammal Sanctuary to protect our endemic
Maui’s dolphin.
Yours sincerely, Mike Britton, General Manager
Royal Forest and Bird Protection Society of New Zealand
Maui’s dolphin
Maui’s dolphin is the genetically distinct sub-species
of Hector’s dolphin. Only an estimated 111 Maui’s
dolphins remain, including 60 mature adults and just
25 breeding females
They are listed as critically endangered by the World
Conservation Union, and are recognised as the
world’s rarest marine dolphin. They face a very high
risk of extinction.
Maui’s dolphins once ranged around most of the
North Island coastline but are now found only off the
west coast of the North Island.
Threats to Maui’s dolphin
The Department of Conservation’s national mortality
database shows that more than 60% of reported
deaths of Hector’s and Maui’s dolphins, where the
cause of death is known, are attributed to
entanglement in set nets.
An existing ban on set netting off the north-west
coast of the North Island is not sufficient to
adequately protect Maui’s dolphins from this risk as
it does not cover the dolphins’ full range.
While set nets are recognised as the single biggest
human-induced threat to Maui’s dolphins, other
threats include entanglement in trawl nets; boat
strike; and pollution.
Population projections show that further humaninduced
deaths will significantly increase the risk of
extinction of Maui’s dolphins.
Existing protection measures
Since 2003, both amateur and commercial set net
fishing has been banned in all waters within 4
nautical miles of the coast from Maunganui Bluff in
the north to Pariokariwa Point in the south, including
the entrance to the Manukau harbour. The
prohibition was put in place due to the known and
potential impact of set nets on Maui’s dolphins. Set
net fishing is now only allowed inside the harbours
and in offshore waters outside 4 nautical miles.
There also exists a 1 nautical mile trawl prohibition
along the west coast of the North Island, including a
2 nautical mile prohibition adjacent to harbours and
river mouths. Whilst no Maui’s dolphin deaths have
been confirmed as being caused by set netting or
trawling, Maui’s dolphins outside this protected area
remain at high risk, both from fishing threats and
other human induced threats.
Forest & Bird public consultation
process
From June-September 2007 Forest & Bird consulted
the public over proposed measures to extend
protection of Maui’s dolphins, chiefly via a proposed
marine mammal sanctuary off the north-west coast
of the North Island.
Consultation found wide public support for a marine
mammal sanctuary. There was some opposition to
the proposal from fishers, especially set-netters.
Some alternative measures were proposed to
protect the dolphins.
As a result of its analysis of public feedback Forest
& Bird now proposes that a marine mammal
sanctuary be established to protect Maui’s dolphins.
A marine mammal sanctuary
A marine mammal sanctuary is seen as necessary
because it is the only form of protection that can
protect Maui’s dolphins from all known threats. It
would be a natural extension of existing fishing
prohibitions, whilst still allowing for fisheries
utilisation that does not threaten Maui’s dolphins.
This would ensure the best possible protection from
other known and potential threats. It also promotes
the area as a special place for dolphins, which is
important for their long term protection.
The sanctuary will also have significant benefits for
the protection of other marine mammals and
seabirds.
It is proposed that the marine mammal sanctuary:
• extend from Maunganui Bluff in the north to
Cape Egmont in the south, including all harbours
• cover all waters less than 100m deep
• includes bans on set nets, drift nets, trawling
within 4 nautical miles of the coast, marine
mining and littering
• requires all trawl vessels to carry vessel
monitoring systems plus carry an onboard
observer or electronic monitoring equipment
Reasons for the proposed
boundaries
The draft Threat Management Plan for Hector’s and
Maui’s dolphins produced by the Department of
Conservation and Ministry of Fisheries includes a
proposed marine mammal sanctuary to protect
Maui’s dolphins. However, the area proposed is not
large or comprehensive enough to protect Maui’s
dolphins across their entire range. The boundaries
proposed by Forest & Bird cover the dolphins’ full
range:
Extent north to south
While there is some dispute over the exact extent of
the range of Maui’s dolphins, scientific evidence
suggests that the dolphins are found from
Maunganui Bluff to Taranaki.
While some doubt remains over the presence of
Maui’s dolphins in the southernmost part of this
range, they have existed there in the last few
decades and recent unconfirmed sightings have also
been made.
The objective of the Threat Management Plan is to
protect Maui’s dolphins not only in their existing
range, but also allow the population to recover and
expand into its previous range. Therefore the
inclusion of the southernmost areas of the proposed
marine mammal sanctuary would at the very least
be an advisable precautionary approach to ensure
protection of potential distribution and encourage
expansion of their range.
Inclusion of inner harbours
There has also been some contention between
scientists and fishers as to whether Maui’s dolphins
frequent the inner harbours along the west coast.
Scientific evidence supports the view that Maui’s
dolphins are found in at least Kaipara and Manukau
harbours and recorded close to the entrances of
Port Waikato and Raglan Harbour.
Around Banks Peninsula in the South Island,
Hector’s dolphins have been observed in channels
and in very shallow 2m deep water. Forest & Bird is
convinced that a set net ban needs to apply to all
areas where Maui’s dolphins may be found.
Water depth
Preliminary analysis of Maui’s distribution suggests
that they range further offshore than 4 nautical
miles, which is the boundary of the existing set net
ban and the proposed marine mammal sanctuary in
the Threat Management Plan.
Studies of Hector’s dolphins in the South Island
show that the species range extends out to waters
up to 100 metres deep. Therefore, establishing the
proposed marine mammal sanctuary’s boundary at
the100m depth contour would protect the known and
probable range of the dolphins.
Other activities in the area
Other activities in the area of the proposed marine
mammal sanctuary which may potentially be
affected include sand mining, mineral and gas
exploration and production plus some commercial,
recreational and customary fishing. Proposals to
locate marine turbines could also be affected. The
marine mammal sanctuary would not have any
adverse impact on other recreational users. Boat
users are already required under the Marine
Mammal Protection Regulations 1992 to desist from
activities which may harm Maui’s dolphins.
Impact on fishing
Establishment of a marine mammal sanctuary would
extend existing prohibitions and would prohibit only
those fishing methods that threaten Maui’s dolphins
- set nets, drift nets, and trawling within 4 nautical
miles of the coast - other fishing methods would not
be affected.
Independent research consultants Aranovus have
produced a report detailing a rapid, opinion-based
assessment of the socio-economic impact of
proposed options for fishing regulation contained in
the draft Threat Management Plan.
The report suggests that regulating/ prohibiting set
netting and trawling would have varying degrees of
impact, including financial impact, on fishers. While
switching to alternative fishing methods is possible,
there are likely to be costs involved. Accurate
assessment of such costs has not been compiled.
Possible remedies and mitigation
of impacts
Forest & Bird recognises that the livelihoods of
affected fishers should be taken into account.
Forest & Bird proposes that the marine mammal
sanctuary cover all inner harbours. However, we will
continue to work with the Department of
Conservation, Ministry of Fisheries, scientists,
fishing interests and communities to identify any
areas inside the harbours of the north-west coast
where there is no knowledge of dolphins being
sighted and the dolphins are unlikely to occur. In
these areas limited set netting could continue on a
monitored and reviewable basis. This could be
provided for through fishing regulations and would
need to be accompanied by robust monitoring and
evaluation in those areas.
Maui’s dolphin – Silvia Scali
Recommendations
In summary, Forest & Bird:
1. Proposes that as part of the wider Threat
Management Plan, and pursuant to Section
22(1) of the Marine Mammals Protection Act
1978, the Minister of Conservation declare a
marine mammal sanctuary, to protect
Maui’s dolphins from all known threats
across their entire known and probable
range.
2. Notes that a marine mammal sanctuary is
the most comprehensive and effective
means of preventing Maui’s dolphins from
becoming extinct.
3. Notes that while there will be some impacts
on some groups as a result of a marine
mammal sanctuary being established, these
impacts can be remedied or mitigated.
4. Proposes that the Department of
Conservation, Ministry of Fisheries,
scientists, fishing interests, communities on
the west coast and Forest & Bird jointly
identify any areas inside the harbours where
there is no knowledge of dolphins being
sighted and the dolphins are unlikely to
occur, where limited and reviewable set
netting could continue on a closely
monitored basis.
5. Proposes that where the marine mammal
sanctuary overlaps with a Mataitai or
Taiapure, the management of that part of
the marine mammal sanctuary is managed
in conjunction with the Mataitai or Taiapure
Management Committee.
6. Proposes that the Minister of Commerce
enact regulations under Section 62 of the
Crown Minerals Act to prevent any
prospecting, exploring or mining within the
sanctuary that may disturb the habitat of
Maui’s dolphin and its prey species.
7. Proposes that the Minister of Conservation
recommend changes to the Auckland
Regional Coastal Plan, the Auckland
Regional Land, Water and Air Plan, the
Waikato Regional Coastal Plan and the
Waikato Regional Plan to reduce and cap
discharges of contaminants into the coastal
waters of the proposed Maui’s dolphin
Marine Mammal Sanctuary.

I just wated to drop in this morning and wish you an amazing day and an incredible weekend! By the way ... I think you have such a beautiful face! I guess it is only fitting ... beautiful face and beautiful spirit!
((((((((((hugs)))))))))

Hello again dolphin-girl,

Hope you enjoy a fantastic week, and weekend, may you day be magical. Love and light and blessings from Rosemary