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Critical
Issue Veiled in Secrecy
by
the option4 team
August 2008
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This article was originally
written for the New Zealand Fishing News September 2008 edition.
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A
far-reaching change to the way our fisheries are managed
has been proposed yet only a handful of people know what
has been tabled or had any input.
The Ministry of
Fisheries and industry representatives, SeaFIC and Te Ohu
Kaimoana, have collaborated to rewrite the most fundamental
part of the Fisheries Act, section 13. Non--commercial fishing
representatives have been excluded from that process.
If passed into
law, the Fisheries Minister will be compelled to set maximum
justifiable total catch limits with, if necessary, little
or no meaningful information. Knife-edge fisheries management
leading to the inevitable: less fish for non-commercial
fishers.
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| Guise
of urgency |
Under
the guise of urgency the Fisheries Act 1996 Amendment Bill
(No.2) has been presented to Parliament and sent to the Primary
Production Committee for consideration.
Their
report is due by August 25th so changes can be made by September
11th, allowing the Minister to make management decisions for
Orange Roughy and Bluenose stocks by October.
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Both
MFish and industry are down-playing the amendment as a mere
“technical” change whereas our legal advice is
completely the opposite.
It
is likely to weaken the sustainable approach to fisheries
management and thus undermine the purpose and principles of
the Act.
It
could also add complexity, and therefore legal uncertainty,
into how the Minister sets the total allowable catch (TAC)
limits under s13. |
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If
the proposed changes are so innocuous why the secrecy?
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Only twelve parties
were "invited" to submit and appear before the
Select Committee hearing earlier this month (August), including
option4, the NZ Big Game Fishing Council and the NZ Recreational
Fishing Council. option4 and the NZBGFC submitted in conjunction
with the Hokianga Accord, the mid north iwi fisheries forum.
Five representatives
went to Wellington to talk with the Committee and discuss
the joint submission.
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| Conditional
support a surprise |
It
came as no surprise to hear unconditional support for the
amendment from SeaFIC and TOKM during the two-hour hearing.
What did surprise was the conditional support, with caveats,
offered by the NZRFC and three environmental organisations.
However, the biggest irony of the day was discovering that
Anton’s Seafoods Limited had not even been invited to
submit or talk to the Committee. A quick re-arrangement of
the timetable, on the eve of the hearing, allowed their input.
They too were opposed to the amendment.
It was Anton’s who originally challenged the Minister’s
Orange Roughy decisions in the High Court and won. That judgment
has sparked this knee-jerk reaction from the Minister and
MFish and is now being used as an excuse to amend the legislation
under urgency.
It is unthinkable such a major change would be made
to our primary sustainability measure without all interested
New Zealanders being given the opportunity to have a say.
At the very least more non-commercial fishing and environmental
interests need and deserve time to learn, consider and comment
on the proposed changes. Meantime the Minister can make interim
decisions for the deepwater species and thus allow time for
an inclusive review process before October 2009. There is
no need to rush legislative change.
If there are any flaws associated with section 13 it is the
ongoing, inadequate application of the twelve sections that
precede it.
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| This
process lacks credibility. There is no urgency. |
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| Visit the section
13 amendment information page. |
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| If you value the work option4
is doing please use the secure online facility available
here and invest in your fishing future. |
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