Protectors of Hector's optimistic

A recent High Court decision to uphold four of six protection measures for Hector's dolphins has been met with relief by University of Otago marine mammal specialist Associate Prof Liz Slooten.

"In a nutshell, you win some and you lose some."

In 2008, a range of areas were closed by then fisheries minister Jim Anderton to set-net and trawl fishing to protect endangered Hector's and Maui's dolphins.

That was challenged by the inshore fishing industry.

The legal challenge centred on six specific restrictions that flowed from decisions by the previous minister on area closures and fishing method restrictions.

In its decision, released last month, the High Court ruled two restrictions should be referred back to the Fisheries Minister for reconsideration: the extension of set-net closures on the North Island's West Coast from four nautical miles to seven nautical miles, and the closure of an area of the South Island's East Coast to targeted fishing for butterfish.

Prof Slooten said it was a good decision and she would be putting together a brief for Fisheries Minister David Carter to explain the argument for butterfish fishing in kelp areas "did not stand up at all".

"Hector's dolphins go into really shallow water.

At Porpoise Bay, in the Catlins, they are seen right up against the shoreline."

Regarding the issue of the distance of the closure in the North Island, she said reliable surveys had not shown Maui's dolphins any further out than just past four nautical miles.

"There is no good scientific argument to extend it from four to seven nautical miles."

However, the judgement potentially resulted in two further compromises at the end of a long list of other compromises, including a lack of protection for Tasman Bay, Golden Bay and Taranaki, and for just three months of the year for the West Coast, she said.

"So, the court case itself has ended in a satisfactory outcome.

But we need to remember that Jim Anderton's decision was already a substantial compromise."

Forest and Bird marine conservation advocate Kirstie Knowles said Forest and Bird was happy the court saw the importance of protecting Hector's dolphins from fishing threats.

"We are optimistic that the new minister will make the best decision for these rare dolphins, and stick with the other two protective measures."

New Zealand Federation of Commercial Fishing chief executive Peter Dawson said he had not seen the decision and the federation, one of four plaintiffs in the action, needed to take a closer look and assess its implications.

"It has been a long and protracted process and we need to assess it [the decision] before we decide how to proceed."

rebecca.fox@odt.co.nz