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Kahawai Challenge Update #9 July 2005


Commonsense Needed in Fisheries Management

Kahawai Challenge team

July 2005

Kahawai Legal Challenge Update New Zealand Fishing News

August 2005 edition

If you ever wondered why your representatives are putting so much energy into the Kahawai Legal Challenge you need to look no further than the Ministry of Fisheries latest proposals to constrain recreational fishing.

Kahawai, snapper, grey mullet and flounder are all having their catch limits reviewed and the Ministry are once again promoting a proportional system that gives preference to the fishing industry.

Proportional Allocation

The idea that recreational fishers be allocated a fixed share of the catch was promoted and overwhelmingly rejected during the Soundings process in 2000. A record 60,000 people submitted to the Soundings process against the proportional allocation model. This is because a proportional system leaves the public with the left overs of a poorly implemented Quota Management System (QMS).

One of the worst aspects of proportional allocations is that in depleted fisheries, which all of the ones under review are, recreational catches have been suppressed by excessive commercial effort. As the stock size (biomass) has fallen recreational catches have also fallen. Currently in all these fisheries non-commercial fishers are catching fewer fish, smaller fish or both. Non-commercial catches are at or near their lowest ever levels.

The proportional system promoted by the Ministry then takes our already reduced catches as a starting point from which to cut recreational bag limits. Clearly, this is a double jeopardy outcome. Our catches have been adversely affected during the overfishing and then they are cut further.

Meanwhile the fishing industry maintains its catch throughout the overfishing phase and in many cases, exceeds its catch through deeming excess catch or dumping it when the deeming option is too expensive. Deeming is a mechanism where fishers pay an instant fine if they don't hold enough quota to cover their overcatch.

On top of this, when commercial quotas were initially allocated they were set at levels that would allow inshore fisheries that had been seriously depleted by commercial overfishing, to recover. Instead of commercial fishermen accepting the new catch limits many used the Quota Appeals Authority (QAA) to inflate their quota. Quotas in some fisheries increased by 30% or more above the safe harvest level that had been set by the scientists.

The Ministry failed to act to bring those quotas back down to the safe level that would allow these fisheries to rebuild even though the fishing industry had been paid compensation to fish at the lower level.

In some of these fisheries the QAA has issued so much additional quota that the fishing industry has been unable to catch anywhere near what has been set. This is strange because the primary function of the QMS was to constrain commercial catch. So the poor implementation of the QMS has led to uncapped commercial fishing effort in some of our most important shared fisheries.

option4's position is clear, the Ministry must look at the cause of depletion when it allocates fisheries resources. When the cause is as clear as it is in these fisheries then the Ministry must act fairly and must reduce the catches of those who have caused the depletion. Where that depletion has had adverse impacts on non-commercial catch the injustice must be undone and non-commercial access restored to a healthy fish stock. Most importantly this has to be done in a way that does not further erode non-commercial rights, we should not be penalised twice for the overfishing of others.

Conservation = Reallocation

Many people are under the illusion that if we conserve fish it will make a difference. Under the proportional system the Ministry is trying to inflict on non-commercial fishers, conservation works against our interests. Proof of that is in the decision regarding kingfish. Many years of tagging and releasing kingfish by the recreational sector was disregarded when the Minister based the recreational allowance on current use (at the time). By ignoring what people had conserved over many years the Minister effectively used fish conserved by non-commercial fishers to prop up excessive commercial quotas. The fish did not stay in the water.

Until we have a planning right that allows us to leave conserved fish in the water option4 is against any further constraints on recreational fishing.

Poor Process

This years proposals are marked by a new low in poor process by the Ministry of Fisheries. Submissions deadlines for the Initial Position Papers (IPPs) from the Ministry are inadequate. Due date for comments on snapper, grey mullet and flounder are due on 29 th July and the following week submissions for kahawai and Coromandel scallops are due.

Less than a months time to consult with a million non-commercial fishers is appalling. It begs the question, do Ministry really want to consult with you?

Your Opportunity

The Ministry appears to have adopted a position that could see your rights to fish seriously eroded. The best way for you to get involved in the process this year and let them know what you think is by using the online submission form at option4's website. The Ministry proposals, option4 recommendations and submission forms are all in one place.

Please take the opportunity to have your say on the future management of kahawai, snapper, mullet, flounder and the regulation review including scallops at the following addresses.

Kahawai

https://www.kahawai.co.nz/kahawai05.htm

Snapper

https://option4.co.nz/Fisheries_Mgmt/snapper8.htm

Mullet

https://option4.co.nz/Fisheries_Mgmt/mullet.htm

Flounder

https://option4.co.nz/Fisheries_Mgmt/flounder.htm

Scallops

https://option4.co.nz/Fisheries_Mgmt/corosca.htm

 

Kahawai Legal Challenge

The legal case challenging the Minister's 2004 kahawai decision is almost finalised. A Queens Counsel, at an additional cost of $20,000, is currently reviewing the evidence. The legal fees are mounting and at the moment these expenses are being underwritten on your behalf. If you have been helping with the fundraising thank you for your effort. Please keep those Booklets secure and continue to use them to generate support for our campaign. We have got a lot of work to do. Next month we hope to be announcing the filing of the Statement of Claim. When we do, be assured we will be contact as soon as possible to advise of the next steps in the process.

If you want to help its not too late.

Please:

  • Call 0800 KAHAWAI (52 42 92) to find out more.

  • Go to www.kahawai.co.nz and order your Supporters Pack online.

  • Simply dial 0900 KAHAWAI (52 42 92) to make a $20.00 donation. The $20 donation will be debited to your phone account. Please do this more than once.

  • Email us at contact@kahawai.co.nz

 

The Kahawai Legal Challenge thanks all of those who have contributed to the campaign and fundraising so far.

Without your help there would have been no challenge.

 

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