Fisheries Research 45 (2000) 179187

Examining the effects of changes in the minimum

legal sizes used in the Hauraki Gulf snapper
(Pagrus auratus) shery in New Zealand
Shelton J. Harleya,*, Russell B. Millarb, Brian H. McArdlea
a
School of Biological Sciences, University of Auckland, Private Bag 92019, Auckland, New Zealand
b
Department of Statistics, University of Auckland, Private Bag 92019, Auckland, New Zealand

Received 2 November 1998; received in revised form 24 August 1999; accepted 9 September 1999

Abstract

A minimum legal size (MLS) is seen as a sheries management tool with the ability to protect juvenile sh, maintain
spawning stocks, and control the sizes of sh caught. Described here is a simulation study examining the effects of different
MLS strategies in the Hauraki Gulf snapper (Pagrus auratus) shery. This shery is currently managed under two separate
MLSs, 270 mm for recreational shers and 250 mm for commercial shers. Results showed that the current MLSs were larger
than those which would assist in short term stock rebuilding, but that they were closer to those that would maximize rebuilding
over the longer term. It is shown that increases in the current MLS for longline and recreational shing methods would reduce
population rebuild in the short term due to the impact of the increased shing effort required to catch the `quota'. Within the
snapper shery the different shing gears were separated into two groups based on their shing patterns, one for mesh
methods and one for hook and line methods. It was found that due to the higher selectivity (of smaller sh) and higher rates of
discard mortality for the mesh methods, very low or no MLSs were optimal. Overall, it was found that selectivity, catch
allowances, and population size were the important determinants of the optimal MLS. The importance of these indicated that
the effects of different MLS strategies may be examined both with a population dynamics model and within a yield-per-recruit
framework. # 2000 Elsevier Science B.V. All rights reserved.

Keywords: Minimum legal size; Pagrus auratus; Selectivity; Discard mortality

1. Introduction ment and management. Good sheries management

There is a growing body of literature (e.g., Casey,
1993; Chopin et al., 1996) discussing unaccounted
shing mortality and the implications for stock assess-
*
Corresponding author. Present address: Department of Biology,
Dalhousie University, Halifax, NS B3H 4J1 Canada.
E-mail address: harley@mathstat.dal.ca (S.J. Harley).
generally requires that shing gears retain large sh
while allowing small juveniles to escape (Armstrong
et al., 1990). The ICES advisory committee on sh-
eries management (ACFM) recommended that shing
gears should retain only 25% of the sh at the mini-
mum legal size (MLS) (Reeves et al., 1992).
The MLS sets the smallest size at which a particular
species can be legally retained if caught (Hill, 1992),

0165-7836/00/$ see front matter # 2000 Elsevier Science B.V. All rights reserved.
PII: S 0 1 6 5 - 7 8 3 6 ( 9 9 ) 0 0 1 1 0 - 1
180 S.J. Harley et al. / Fisheries Research 45 (2000) 179187
and in doing so helps regulate the average age at rst
capture (Walker, 1992). The MLS has the advantage of
being logical and readily understandable (Hill, 1992).
Winstanley (1992) suggested that a MLS could be
used to protect immature sh ensuring that enough sh
survive to spawn, control the numbers and sizes of sh
landed, maximize marketing and economic benets,
and promote the aesthetic values of sh. Altering the
selectivity of shing gears (i.e. changing minimum
mesh sizes) can play a crucial role in reducing the
numbers of sh caught below the MLS, and thus the
selectivity of shing gears must be considered along-
side any potential MLS.
Damage to sh during capture may undermine the
value of a MLS. The amount of mortality suffered by
undersized individuals from capture, measurement,
and release needs to be assessed whenever an MLS
is a major part of a management strategy (Hill, 1992).
Mortality of sh just under the MLS is especially
wasteful because these sh would have had a high
probability of surviving to legal size (Hill, 1992).
Hence, a MLS is only practical in sheries where
the sh are landed in good condition and where shers
handle each animal individually (Walker, 1992).
Described here is a method for assessing the pos-
sible effects of changes in MLS for the different
shing methods used in the Hauraki Gulf snapper
(Pagrus auratus) shery off the northeast coast of
New Zealand. This shery is managed under a total
allowable catch (TAC) with allocations made for
commercial (total allowable commercial catch or
TACC) and non-commercial interests (Sullivan,
1996). Currently there are two different MLSs used
in this shery, one at 250 mm for commercial shing
methods and one at 270 mm for recreational methods.
This shery was chosen because of the availability
of information required for this approach and its
importance to both commercial and recreational sec-
tors. It is also currently below the biomass that will
allow for the maximum sustainable yield (BMSY) and
reductions in catch limits are being used for rebuilding
the stock. Gilbert et al. (1996) noted that reductions in
pre-recruit mortality and changes in the MLS have
potential to increase yields. The current study inves-
tigated mechanisms that could be used to increase both
stock rebuilding rates and available yields.
We evaluate the effect of a number of different MLS
strategies by way of Monte Carlo simulations. The
modeling approach used was the same as that
described in Harley et al. (2000) where shing activity
is modelled by a series of difference equations with
both discard and escapee mortality estimated expli-
citly. Two different approaches were used to examine
alternative strategies:
1. Monte Carlo simulations to assess the perfor-
mance of different MLS strategies.
2. Determination of the optimum MLS strategies that
would maximize population rebuild over 10 and
50 year periods under equilibrium conditions.
2. Model
A length-structured model was used that modelled
sh from lengths 80600 mm within 2 mm length
intervals. Growth varied among individuals of the
same length (after Gutreuter and Anderson, 1985),
and across years based on a relationship with the
annual sea surface temperature anomaly (Millar et
al., 1999). The model was started from a length
structure and biomass estimated by tagging in 1985
and was tted to another absolute biomass estimate
from a 1994 tagging programme. Unless otherwise
stated, all biomass estimates refer to exploitable bio-
mass which is based on sh 250 mm in length and
greater. Mean recruitment was estimated within the
model while the annual recruitment deviates were
derived from a modied version of the temperature
recruitment relationship proposed by Francis et al.
(1995). Natural mortality decreased with sh length
among pre-recruits and was assumed constant for all
mature sh. All model inputs were assumed known
without error.
To model the effects of changes in the MLS for
different shing methods a set of difference equations
were used to describe the shing process. Landings-at-
length by method was calculated by
Ll;g fg  sl;g  Nl  rl;g ; (1)
where fg is the exploitation rate of the fully selected
fish to fishing gear g, Nl the number of fish at length l
in the population, sl,g the selectivity of fish at length l
to fishing gear g, and rl,g is the probability that an
individual of length l is kept and not discarded when
using gear g.
 S.J. Harley et al. / Fisheries Research 45 (2000) 179187
The number of sh discarded at length by shers
using gear g, Dl,g is calculated by
Dl:g fg  sl;g  Nl  1 rl;g
and the number of escapees El,g by

by method were xed as this has important implica-
El;g fg  1 sl;g  Nl :
As we are assessing the suitability of a particular
MLS it is assumed that the only reason that discarding
occurs is to comply with the MLS. However, in
practice there are a number of reasons why a sh
may be discarded (Gillis et al., 1995). Discarding
can be modelled either as knife edge process
(step function), or through an ogive (probability
curve). The use of a selection ogive assumes that
the discarding process is described by a curve with
a range of sizes for which some sh can be either
discarded or retained. This is a more realistic
assumption and Casey (1993) proposed that a logistic
function could approximate the discard selectivity
curve:
 
expa bl
rl ; (4)
1 expa bl
where rl is the probability that a fish of length l is
retained by a fisher given that it was caught,
a b  l50 , b 2  log3=SR, l50 is the length
at which 50% of fish are retained, and SR is the
difference between l25 and l75 (Millar, 1993).
To obtain estimates of the number of dead discards
and escapees by length, the vectors of all discards and
escapees are multiplied by estimates of discard or
escapee mortality.
3. Model simulations
3.1. Part 1
The performance of different MLS strategies was
assessed over 500 Monte Carlo simulations. Each
simulation was run 10 years into the future from
1997. Both growth and recruitment were assumed
to be related to changes in sea surface temperature
(SST). The cyclic nature of SST was modelled by a
fourth order autocorrelation model which was chosen
after examining the correlation structure of the Leigh
Marine Reserve SSTs using Akaike's Information
181
Criterion. A random component (N(0, s2)) was
added to each SST to allow 500 different temperature
(and therefore recruitment) trajectories. The variance
(2)
of the residuals was estimated as the variance of
intervention series. It was assumed that future catches
(3) tions for shing mortality.
The following statistics and performance indicators
were derived for all model simulations:
1. B2007 (median, 5% and 95% intervals).
2. Stock use efciency index (NSUE).
3. Probability of stock collapse P (Blow < 0), where
Blow is the minimum predicted biomass over the
projection period.
4. Probability of stock increase P (B2007 > B1997).
The stock use efciency index (NSUE) has been
adapted from that used by Alverson and Hughes
(1996) and represents a ratio of the number of sh
kept as reported catch to the total mortality of sh due
to shing (which includes escapee and discard mor-
tality). Fate diagrams (Sangster et al., 1996) were
constructed for each method in which a change in
MLS was simulated.
The following scenarios were simulated (after Sul-
livan, 1996):
1. The current MLS strategy (current MLS).
2. Increased longline MLS from 250 to 300 mm
(longline MLS).
3. Increased recreational MLS from 270 to 300 mm
(recreational MLS).
4. Removal of the MLS for trawl, Danish seine and
other methods (various net gears) (mesh MLS).
3.2. Part 2
The NelderMead simplex optimization routine in
PROC IML (SAS Institute Inc., 1989) was used to
estimate the MLS strategy that maximized exploitable
biomass over 10 and 50 year time periods. The model
was run with constant growth and recruitment and
three MLS scenarios were examined:
1. A single MLS for all methods.
2. One MLS for recreational and longline methods
and one for all other methods.
3. A separate MLS for each method.
182 S.J. Harley et al. / Fisheries Research 45 (2000) 179187

All of the MLS strategies modelled in Part 1 were Table 1

also projected forward under equilibrium conditions Discard and escapee mortality rates by fishing method
for comparison. In addition, a model run was per- Method Discard Escapee
formed where there was no MLS for any method.
Single trawl 62.5 5
Pair trawl 62.5 5
Danish seine 62.5 5
4. Data Other 62.5 0
Longline 25 0
Recreational 25 0
Catch data by year and method are available for the
Hauraki Gulf snapper shery. The total allowable
commercial catch for the stock SNA 1 (of which
the Hauraki Gulf substock is the largest component) 5. Results
is currently 4500 t. The commercial landings were
assumed to be at the same level of the total SNA 1 5.1. Monte Carlo simulations
landings as was observed in the past (57%) and the
breakdown by method was the average observed over Under the current MLS strategy, the median B2007
the period 19851996. Recreational landings for SNA was 35.53 kt and the NSUE was 0.86 (Table 2). This
1 were assumed to increase to the level of their estimate of NSUE is lower than that estimated for the
allocated 2600 t with the Hauraki Gulf landings repre- period 19851997 (0.88) (Harley et al., 2000). This is
senting 43.7% of this allocation. The recreational due in part to the increase in the recreational MLS that
landings were capped at this upper level. occurred in 1995 which was only represented in the
It was assumed that the only reason for discarding nal two years data used to estimate NSUE for that
was to comply with an MLS and that the discarding period.
function was described by a logistic function as The increases in recreational and longline MLSs to
suggested by Casey (1993). The length at 50% reten- 300 mm both resulted in a 4.4% decrease in NSUE and
tion (l50) was set equal to the minimum legal size B2007 in addition to increases in stock risk. The
(MLS) and the selection range (SR) was set at removal of a MLS for trawl and Danish seine methods
10 mm. resulted in a 3.7% increase in NSUE and a decrease in
The selectivity of the different shing methods was stock risk.
the same as that used in Harley et al. (2000) where Fate diagrams for the two hook and line methods
estimates of age-specic selectivity by method were show that when compared to the base situation far
transformed to selectivity at length via an age/length more sh are caught and discarded in the process of
relationship. Juvenile selectivity was tted to the catching the xed catch when a higher MLS is
proportions of sh landed under the MLS as estimated imposed (Figs. 14). While the number of sh
by at-sea observer programs (Fishing Industry Board, required to make up this catch decreases it is asso-
1995) for commercial methods, and was based on ciated with increased discard mortality. The opposite
personal communication with Ministry of Fisheries
scientists for recreational estimates. Table 2
Estimates of release mortality are available for Summary results for the 500 Monte Carlo simulationa
snapper but are quite variable. Estimates obtained Model B2007 NSUE P P
for correction of tag releases during tag-recapture (kt) (Blow < 0) (B2007 > B1997)
programmes (e.g. Sullivan et al., 1988) are likely to
Current MLS 35.53 0.86 0.034 0.760
be underestimates as only sh over 250 mm and in Longline MLS 34.60 0.82 0.058 0.740
good condition were included. Therefore the estimates Recreational MLS 34.43 0.82 0.040 0.734
used in the model (Table 1) are based on a review of Mesh MLS 36.11 0.89 0.022 0.770
mortality estimates for different species from the a
The exploitable biomass B2007 (kt) and NSUE represent the
literature (e.g. Muoneke and Childress, 1994; Chopin median estimate for the 500 runs. The probabilities of collapse and
and Arimoto, 1995). stock increase are estimated as the proportion over the 500 runs.
 S.J. Harley et al. / Fisheries Research 45 (2000) 179187
Fig. 1. Fate diagram for fish encountering longline fishing gear
with the current minimum legal size (250 mm).
Fig. 2. Fate diagram for fish encountering longline fishing gear
with an increased minimum legal size (300 mm).
Fig. 3. Fate diagram for fish encountering recreational fishing gear
with the current minimum legal size (270 mm).
183
Fig. 4. Fate diagram for fish encountering recreational fishing gear
with an increased minimum legal size (300 mm).
of this is observed for the changes in MLS for trawl
and Danish seine methods (Figs. 58).
It was hypothesized that the change in MLS resulted
in changes in the exploitation rate given that a xed
catch was taken. Simulations conrmed that the
exploitation rate changed with alternative MLS stra-
tegies (Table 3). The exploitation rate was 0.192 per
year under the current management strategy and
increased by 11% for the individual increases in
recreational and longline MLS. As the population that
is able to be retained decreases when the MLS is
increased, there is increased shing effort required to
catch the same tonnage of catch. With this increased
effort, more sh are vulnerable to discard mortality,
and the proportion of unaccounted mortality increases.
Fig. 5. Fate diagram for fish encountering single trawl fishing gear
with the current minimum legal size (250 mm).
184 S.J. Harley et al. / Fisheries Research 45 (2000) 179187
Fig. 6. Fate diagram for fish encountering single trawl fishing gear
with no minimum legal.
Fig. 7. Fate diagram for fish encountering Danish seine fishing
gear with the current minimum legal size (250 mm).
Fig. 8. Fate diagram for fish encountering Danish seine fishing
gear with no minimum legal size.
Table 3
Effect of alternative management strategies on the landings to
vulnerable biomass ratio for fully exploited fish (F)
Current Longline Recreational Mesh
MLS MLS MLS MLS
F 0.192 0.213 0.212 0.185
DF (%) 11 11 3
5.2. Optimal MLS strategies
There was very little difference between the best
and worst MLS strategies in terms of the expected
biomass and NSUE over the 10-year period (Table 4).
Subsequently, there was little difference between the
performance of the optimal MLS strategy and that
where there was no MLS at all. This reects the
relatively small impact that discard mortality has on
the population based on the model assumptions.
The grouping of the trawl, Danish seine, and other
methods into one group and the longline and recrea-
tional methods into another was reasonable as the
optimum MLS for each individual method was very
similar to those of the two groups. The optimum MLS
for the mesh methods was clearly lower than that
currently used, while the optimal MLS for the hook
and line methods were closer to (but still lower than)
those currently used.
Over 50 years the range in the performance of the
different strategies was greater but still not large. The
single optimal MLS (248 mm) is not much different
from the current strategy, however, for the two MLS
strategy, a much smaller MLS is optimal for the mesh
methods. Having no MLS for all methods ranks last
over a 50 year period in terms of rebuilding. This is in
contrast to its relatively good performance over 10
years. No MLS for mesh methods improved in its
relative performance over the longer period, as did the
increase in the longline MLS. All optimal MLS stra-
tegies over 50 years prefer higher MLSs to those over
10 years.
The trade off between increasing biomass and
increasing efcient stock use is shown over both 10
and 50 year periods. Obviously, the lower the MLS,
the lower the amount of discard mortality. However,
the capture of sh at smaller sizes does reduce popu-
lation rebuilding.
 S.J. Harley et al. / Fisheries Research 45 (2000) 179187 185

Table 4
Performance of alternative MLS strategies for projections over 10- and 50-year time periodsa

Method Current No Longline Recreational Mesh 1 MLS 2 MLS 5 MLS 1 MLS 2 MLS 5 MLS
MLS MLS MLS MLS MLS (10 yr) (10 yr) (10 yr) (50 yr) (50 yr) (50 yr)

Trawl 250 0 250 250 0 196 131 127 248 181 180
Danish seine 250 0 250 250 0 196 131 131 248 181 183
Other 250 0 250 250 0 196 131 126 248 181 178
Longline 250 0 300 250 250 196 240 247 248 279 286
Recreational 270 0 270 300 270 196 240 236 248 279 275
B2007 30.89 31.69 30.15 29.82 31.61 31.70 31.85 31.85 31.21 31.21 31.97
NSUE 2007 0.86 0.95 0.82 0.83 0.90 0.94 0.93 0.92 0.88 0.87 0.87
B2047 94.35 92.85 94.54 93.72 95.11 93.12 94.34 94.35 94.04 95.55 95.58
NSUE 2047 0.91 0.97 0.88 0.88 0.93 0.96 0.95 0.95 0.92 0.91 0.91
a
The first five strategies were `chosen' while the remainder were the optimal strategy under the particular circumstances, for example 2
MLS (10 yr) represents the MLS strategy which maximizes population re-build over a 10 year period with 1 MLS for mesh methods and 1
MLS for hook and line methods.

6. Discussion the hook-based sheries reported here resulted in

Hilborn and Walters (1992) dened stock assess-
ment as `the use of various statistical and mathema-
tical calculations to make quantitative predictions
about the reactions of sh populations to alternative
management choices'. The aims of this study were to
use a length-structured model to predict how different
minimum legal sizes (MLSs) might affect the ef-
ciency of stock use and risks to the stock. Two
different minimum legal sizes are currently used in
the Hauraki Gulf snapper shery, one of 250 mm for
all commercial methods, and one of 270 mm for
recreational shing.
MLSs have the advantage of being relatively simple
to understand (Hill, 1992). They also have the capacity
to reduce such problems as recruitment overshing by
allowing sh to have spawned once before being
vulnerable to capture. However, as shown here, a
MLS can be inappropriate in situations where the
mortality of discards is high or in circumstances where
the new vulnerable biomass is so reduced that the
overall exploitation rate of the population increases
signicantly in allowing the catch limits to be taken.
They may also be inappropriate in old slow growing
sh such as snapper.
The rst stage of the analysis was to simulate
changes in the MLS for recreational, longline, and
trawl and Danish seine sheries; these scenarios were
also examined by Sullivan (1996) within a yield-per-
recruit (YPR) framework. The increases in MLS for
decreases in NSUE and increases in stock risk. Sullivan
(1996) found that these strategies resulted in small
increases in maximum sustainable yield (MSY). The
current study and that of Sullivan (1996) examined the
issue of determining the optimal MLS strategy using
different frameworks.
The current study examined the strategies within a
population dynamics model, while Sullivan (1996)
used a YPR approach. YPR analysis involves calcu-
lating the total biomass yielded by a single cohort at a
specic exploitation rate, considering the trade-off
between growth and mortality (Chen and Gordon,
1997). The long term optimal MLS simulations were
performed assuming constant recruitment and growth
should approximate a YPR analysis.
Waters and Huntsman (1986) found that increases
in MLS could result in decreases in yield when discard
mortality or shing mortality was high. This gives an
insight to the differences observed. If a constant
exploitation rate was modelled, and this rate was
not expected to change with a change in MLS,
increases in MLS would be associated with increases
in yield given moderate discard mortality rates. In the
current study, it was found that the increases in long-
line and recreational MLS were associated with a 11%
increase in the exploitation rate. This occurred
because it was assumed that the full TAC would still
be caught, increasing both the shing mortality
required to catch these sh and the levels of unac-
counted shing mortality. Thus, the losses due to
186 S.J. Harley et al. / Fisheries Research 45 (2000) 179187
unaccounted mortality outweigh the gains in increas-
ing the length at rst capture. Therefore, if the assump-
tion that the TAC will still be caught is considered
realistic, the dynamic modeling approach is perhaps a
better alternative to YPR in estimating the impacts of
changes in MLS at least over the short term.
The present study found that the removal of the
MLS for trawl and Danish seine methods resulted in
increased stock use efciency. Sullivan (1996) did not
formally examine this strategy, but suggested that it
would also result in increases in stock rebuilding.
He noted that the increases in yield due to a higher
MLS would in part be offset by increases in unac-
counted shing mortality. The conclusion here is
that these increased mortalities negate any potential
benet of an increase in the MLS. While an MLS is
often used as a tool to avoid `growth overshing' the
slow growth and long-lived (maximum age over 50
years old) nature of snapper may play a part in
negating these benets.
Estimation of the optimal MLS strategy showed that
overall there was very little difference between stra-
tegies in terms of the effects on population rebuild
(Table 4). It was also apparent that MLS strategies
based on a separate MLS for each method performed
only slightly better than those with two separate
MLSs. The split of the two method groups indicates
a logical structure for any changes to the current MLS
strategy. The small difference between the no MLS
and the optimal 1 MLS over both 10 and 50 years
indicates a relatively at solution surface. This atness
can be explained by the selectivity of the shing gears.
As the selectivity of sh under 200 mm was very low,
there was very little difference between an MLS of
80 mm (equivalent to no MLS) or one of 196 mm.
The optimal MLSs increased between the 10 and 50
year runs. This can be explained by the improved state
of the stock over these periods. As the population
rebuilds, the amount of larger sh in the population
also increases and the population is able to sustain a
higher MLS. Thus, the optimal MLS is not only
sensitive to the selectivity of the gear and the survival
of discards, but also to the exploitation rate. The
optimum MLS strategy estimated within a YPR fra-
mework will be optimal for a population under equi-
librium conditions but not be necessarily optimal for
rebuilding an exploited population under non-equili-
brium conditions. Therefore it is important that cri-
teria for determining the optimum MLS strategy are
clear.
The results presented here are based on a number of
very important assumptions. As discussed above, the
exploitation rate will strongly inuence any decisions
on the optimal MLS strategy. The exploitation rate is
inuenced by gear selectivity, catches, and population
size. In the current study, gear selectivity and catches
were assumed known and the population size was
increasing based on the levels of removals and recruit-
ment. However, any changes in the selectivity of the
different methods or the total catch (or catch split
between methods) would also result in different
results. Furthermore, factors such as sher behaviour
to different strategies and economic and social factors
should be considered when evaluating alternative
MLS strategies.
While an MLS can be considered a management
measure that is simple to understand, the subsequent
effects of different MLS strategies need to be carefully
considered. Evidence presented here suggests that
such strategies should be investigated under dynamic
conditions within a population dynamics model as
well within a YPR framework. The reason for the
MLS (i.e. increased yields, reduced unaccounted mor-
tality, or increased stock rebuilding) should play an
important role in how the results of such analyses are
interpreted. As the effectiveness of an MLS is
adversely impacted by the mortality of discarded sh,
information on both the selectivity of different shing
methods and the mortality of discarded sh is essential
to properly evaluate different MLS strategies.
Acknowledgements
The authors would like to thank K. Sullivan, Min-
istry of Fisheries, one anonymous reviewer, and Andre
Punt for their valuable comments on an early version
of this manuscript, and the Ministry of Fisheries for
making data available for this study.
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