REVIEW OF SUSTAINABILITY MEASURES FOR 1 OCTOBER 2008

The Ministry of Fisheries (MFish) advises that the following stocks will be reviewed in the 1 October 2008 ‘sustainability round’:

• Orange roughy (ORH 3B); 
•  All bluenose (BNS) stocks (BNS 1, 2, 3, 7, 8).

MFish is aware that the legal position on s13 of the Fisheries Act 1996 (the Act) raises doubts about whether the Act will allow the Minister to amend total allowable catches (TACs) for 1 October 2008 for some stocks (notably BNS). However, given the sustainability concern of these fisheries, MFish is proceeding with a formal review.

MFish fisheries managers remain concerned about a number of other stocks (including flatfish – FLA 7, rig – SPO 3 and gurnard – GUR 3) and will continue to monitor those fisheries. However, the degree of risk is smaller and less immediate, such that they were not considered by the latest plenary. This, coupled with the legal ambiguity, means that MFish considers that there is no need for review this year.

Kahawai stocks are subject to Court Action. The High Court ordered a review of TACs and TACCs, but this decision has been appealed in the Court of Appeal. MFish is awaiting that Court’s judgement. Until the Court has made its judgement, MFish is not able to proceed with a formal review. If the Court of Appeal judgement appears soon, and directs a review, then MFish will evaluate how to proceed. If this judgement is not available with sufficient time to undertake a catch limit review for 1 October 2008 then MFish will approach the Court and indicate that the review will be completed for 2009.