Fisheries Bill

Fisheries Act Amendment Bill

2006 - 2007

The Minister of Fisheries has proposed amendments to sections 10 (c) and (d) of the Fisheries Act 1996 (the Act) to enable a more precautionary approach to be taken by fisheries managers. Where information about a fishery is uncertain or limited, this approach would ensure sustainability and address the impacts of fishing on the aquatic environment. This precautionary approach is an internationally accepted standard.

The Minister has acknowledged that the original intent of the Act was to implement a precautionary approach when making decisions. He asserts that the current information principles are not consistent with the international application of this approach. Jim Anderton considers that the issue is more about the way the principles are being applied to fisheries management decisions and wants to remove the ambiguity in favour of conserving fisheries where risks are identified but information is uncertain or limited.

Kahawai Legal Challenge

This amendment was proposed before the release of the High Court judgment in relation to the Kahawai Legal Challenge (KLC). Justice Rhys Harrison's ruling has now overtaken some statements made in the Minister's proposal documents. Of particular relevance is the judge's reference to the hierarchy of sustainability and utilisation, where he clearly states,

“….on plain reading of s 8 the bottom line is sustainability. That must be the Minister's ultimate objective.”

option4's Recommendations:

• Support the Amendment Bill to focus fisheries management on a more precautionary approach to ensure sustainability, as it is more likely to achieve our goal of more fish in the water/kia maha atu nga ika i roto te wai.
• Do not support changes to other sections of the Act unless they are fully consulted on.

A report from the Primary Production Select Committee will be available on the government website by 12th June 2007.

Update

The Government has deferred any further action on this Amendment Bill until August at the earliest.