Appendix 1: Statutory Considerations

317. Section 5 (a) and (b): There is a wide range of international obligations relating to fishing (including sustainability and utilisation of fish stocks and maintaining biodiversity). MFish considers issues arising under international obligations and the provisions of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 are adequately addressed in the management options for these stocks.
     
318. Section 8: Utilisation would be improved as fishers will be able to improve the effectiveness of their ACE. Returned shellfish would be able to be harvested again after further growth, and would also be available to recreational and customary fishers.
     
319. Section 9(a), (b) and (c): Returning shellfish to their usual habitat is most unlikely to affect associated or dependent species, biological diversity, or habitat of significance to fisheries management.
     
320. Section 11(1)(b): No existing controls under the Act for COC 3 or surf clams will be affected by putting COC 3 and surf clams on the Sixth Schedule.
     
321. Section 11(1)(c) While there is natural variability of shellfish stocks, mostly due to the impact of extreme weather events on their habitat, returning unwanted shellfish is not a relevant factor here.
     
322. Section 11(2A) (a and c): MFish is not aware of any provisions applicable to the coastal marine area known to exist in any policy statement or plan under the Resource Management Act 1991, or any management strategy or plan under the Conservation Act 1987, which are relevant to putting COC 3 and surf clams on the Sixth Schedule.
     
323. Section 13: The TACs of COC 3 and surf clams would not be affected by these proposals.
     
324. Section 21(1)(a and b) and (4)(I and ii) and (5) statement: As the TACC, customary and recreational allowances are not altered, there are no implications for section 21 from either of these proposals.