| What did the Court rule? |
|
The Court held (in part) that the Minister could not use section
13 to set total catch limits if existing information is inadequate
to determine current fish stock levels. |
| How does section 13 work now? |
Section 13 operates
well for stocks with full information but is not designed
for any others. Less than 4% of the 629 fish stocks in the
quota system have sufficient information to enable the Minister
to make decisions using section 13.
Another method
is needed to enable total catch limits to be set when stocks
cannot be estimated reliably.
|
| What is the problem with the
proposed amendment? |
The
real concern is the proposed amendment to section 13 will
lower the information threshold required to support sustainable
fisheries management decisions resulting in less fish in the
water.
|
| What effect will the amendment
have? |
The amendment
will legalise what the Court found to be an unlawful practice.
It would authorise
the Minister to set catch limits as if he was in possession
of the most comprehensive and reliable information. The
Minister could then justify setting the highest total allowable
catch to maximise yield as opposed to managing the fishery
to enable people to provide for their wellbeing.
|
Do New
Zealanders know what’s going on, and have they had time
to have their say? |
No on both counts. In particular, non-commercial
fishing interests with knowledge and experience in fisheries
management have had insufficient time to put forward their
solutions for consideration and debate. |
| Why is there urgency to amend
legislation now? |
Despite MFish's
claim, there is no urgency.
Only two stocks
require Ministerial approval by October: Orange Roughy and
Bluenose. Interim decisions can easily be made for these
fisheries to continue the status quo - or deferred until
next year, as in the case of kahawai.
|
| Why is the proposed amendment
being rushed through Parliament? |
As we understand
it, MFish and corporate commercial fishing representatives
are using the Court’s ruling as an opportunity to
change the way the fisheries legislation works, by a 'quick-fix'
that will lower the sustainability threshold and permit
aggressive fishing strategies on stocks with poor information.
This hasty and
unnecessary process has effectively excluded most New Zealanders
from this important sustainability issue and debate.
|
| Will the focus and purpose of
the Fisheries Act be affected? |
The purpose of the Act is to provide
for the utilisation of fisheries by all New Zealanders whilst
ensuring sustainability. This means maintaining fisheries
to meet future generations’ needs, protecting the environment,
conserving and developing fisheries to enable all New Zealanders
to provide for their social, economic and cultural wellbeing.
The proposed amendment will likely change the focus of fisheries
management by concentrating on achieving maximum sustainable
yield. The most likely effect is less fish in the water thus
reducing the ability of ordinary New Zealanders to catch fish
to feed their whanau. |
| |
| Read more about the Fisheries
Act 1996 Amendment Bill (No.2) here |
| |
| A more comprehensive section
13 question and answer brochure is available here |
| |
|
