The undue adverse effects test
The Ministry assesses the effects of proposed marine farm areas on fishing through the undue adverse effects test (UAE test). A proposed marine farm cannot proceed if it would have ‘undue’ adverse effects on recreational or customary fishing, or commercial fishing for non-quota management system (QMS) stocks. Also, unless an aquaculture agreement or compensation declaration is reached, a proposed marine farm cannot proceed if it would have ‘undue’ adverse effects on commercial fishing for QMS stocks. Fishing means the catching, taking or harvesting of fish, aquatic life, or seaweed.
Matters relevant to the UAE test
- The location of the proposed marine farm in relation to fishing areas.
- The likely effect of the proposed marine farm on fishing, including the proportion of any fishery that would be affected.
- The degree that the proposed marine farm would exclude fishing.
- The extent that fishing for a species in the proposed marine farm area could occur in other areas.
- The extent that occupation of the coastal marine area by the proposed marine farm would increase the cost of fishing.
- The cumulative effect on fishing of any authorised aquaculture, including any structures authorised before the introduction of any relevant stock to the quota management system.
Matters not considered in the UAE test
The Ministry can only consider the six matters listed above for the UAE test. The Ministry cannot consider general navigation issues that may affect both fishing and non fishing vessels. The Ministry cannot consider effects on the enjoyment of fishing or whether a marine farm would affect views while fishing. This means that the UAE test is limited to the effects on the practicalities of catching, taking and harvesting fish.
Marine farm effects that are outside the scope of the UAE test are considered under purpose and principles of the Resource Management Act 1991 when consent authorities process coastal permit applications. Submissions about effects that are beyond the scope of the UAE test should be provided to the relevant consent authority when it is processing the coastal permit application for a marine farm.
The aquaculture decision
The decision from the UAE test is called an aquaculture decision. Aquaculture decisions are one of, or a combination of, the following:
- A determination (a green light) – if effects on fishing are not undue.
- A reservation (a red light) – if effects on recreational or customary fishing or commercial fishing for a non-QMS species are undue.
- A reservation (an amber light) – if effects on commercial fishing for QMS stocks are undue.
As of 1 October 2011 the deposit for an aquaculture decision is $2008.20. The deposit covers 15 hours of the Ministry’s work associated with the coastal permit application. If the work takes more than 15 hours, the balance is charged at the hourly rate of $133.88. If the work takes less than 15 hours, the Ministry refunds for time covered by the deposit but not used.
FOR MORE INFORMATION:
An information sheet on the UAE test is available below.
Download The Undue Adverse Effects Test on Fishing (PDF 429KB)
An information sheet with information on the roles, responsibilities and charges associated with the UAE test is available below.
Download Administration of aquaculture decisions which has information on the roles, responsibilities and charges associated the UAE test (PDF 880KB)