Departmental output expense - Fisheries compliance
Description
This covers the outputs that promote compliance with fisheries laws.
It contains six outputs:
- Commercial fishing rules enforced
- Customary fishing rules enforced
- Recreational fishing rules enforced
- New Zealand's international fishing rules enforced
- Poaching and black market activities deterred
- Prosecutions managed.
Objectives
- Monitor fishing-related activities
- Detect non-compliance with fisheries policies
- Provide recommendations for prosecution
- Take other enforcement steps where appropriate
- Collate and provide information on non-compliance to support policy and regulatory decision-making processes
- Successfully prosecute those who have offended against fisheries laws.
These actions will contribute to the achievement of optimal compliance with fisheries laws and the deterrence of non-compliance.
Commercial fishing rules enforced
Explanation
The Ministry maintains a capacity to monitor fishing activity and to investigate those cases where illegal activity is suspected. The purpose is to maintain the value of New Zealand's fisheries resources, to apprehend those who indulge in illegal activities and to deter others from that approach. Particular actions include monitoring, detection and provision of recommendations to prosecute.
| Expected Results |
Actual Performance |
| Compliance monitoring and enforcement operations developed and undertaken in accordance with Compliance business policies and the Fishery Officers' Manual |
In 2005/2006 there were: - 907 vessel inspections conducted, indicating a compliance rate of 78%
- 173 Licensed Fish Receivers inspected, indicating a compliance rate of 76%
- 591 general inspections conducted, indicating a compliance rate of 75%
- 426 Commercial Infringement Notices issued ($400 and $750 notices).
|
Customary fishing rules enforced
Explanation
The Ministry maintains a capacity to monitor fishing activity and to investigate those cases where illegal activity is suspected. The purpose is to maintain the value of New Zealand's fisheries resources, to apprehend those who indulge in illegal activities and to deter others from that approach. Particular actions include monitoring, detection and provision of recommendations to prosecute.
| Expected Results |
Actual Performance |
| Compliance monitoring and enforcement operations developed and undertaken in accordance with Compliance business policies and the Fishery Officers' Manual |
The primary focus is management and enforcement of customary legislative provisions together with compliance support for Tangata Kaitiaki. In 2005/2006 there were: - 81 Regulation 27 inspections undertaken, indicating a compliance rate of 84%
- 57 Kaimoana Regulation inspections undertaken, indicating a compliance rate of 98%.
|
Recreational fishing rules enforced
Explanation
The Ministry maintains a capacity to monitor fishing activity and to investigate those cases where illegal activity is suspected. The purpose is to maintain the value of New Zealand's fisheries resources, to apprehend those who indulge in illegal activities and to deter others from that approach. Particular actions include monitoring, detection and provision of recommendations to prosecute.
| Expected Results |
Actual Performance |
| Compliance monitoring and enforcement operations developed and undertaken in accordance with Compliance business policies and the Fishery Officers' Manual |
The recreational fishing monitoring programme involves routine inspections and enquiries to determine levels of compliance with legislative provisions. Honorary Fishery Officers (HFOs) are actively involved in monitoring activities. In 2005/2006 there were: - 14,873 recreational fishing inspections carried out, indicating a compliance rate of 94%
- 1,335 educational contacts
- 1,018 Non-Commercial Infringement Notices issued for recreational and customary infringements ($250 and $500 notices).
|
New Zealand's international fishing rules enforced
Explanation
The Ministry maintains a capacity to monitor fishing activity and to investigate those cases where illegal activity is suspected. The purpose is to maintain the value of New Zealand's fisheries resources, to apprehend those who indulge in illegal activities and to deter others from that approach. Particular actions include monitoring, detection and provision of recommendations to prosecute.
| Expected Results |
Actual Performance |
| Compliance monitoring and enforcement operations developed and undertaken in accordance with Compliance business policies and the Fishery Officers' Manual |
New Zealand vessels and nationals operating beyond New Zealand waters were monitored to ensure compliance with national, and international, flag state obligations. Foreign vessels were monitored within New Zealand waters to meet national obligations. Foreign vessels operating within regionally managed fisheries organisations (RFMOs) were monitored, meeting New Zealand's international obligations as an RFMO member state and regional partner. New Zealand continued working in partnership with regional states to develop MCS (monitoring, control and surveillance) capacity and to share information to counter illegal, unregulated and unreported fishing. This remains particularly strong in the Pacific, through the Forum Fisheries Agency (FFA) and the development of the Western and Central Pacific Fisheries Commission (WCPFC) and internationally, through the MCS network and High Seas Task Force (HSTF). |
Poaching and black market activities deterred
Explanation
The Ministry maintains a capacity to monitor fishing activity and to investigate those cases where illegal activity is suspected. The purpose is to maintain the value of New Zealand's fisheries resources, to apprehend those who indulge in illegal activities and to deter others from that approach. Particular actions include monitoring, detection and provision of recommendations to prosecute.
| Expected Results |
Actual Performance |
| Compliance monitoring and enforcement operations developed and undertaken in accordance with Compliance business policies and the Fishery Officers' Manual |
A detailed Poaching and Black Market 2005/2006 Enforcement Strategy has been prepared. Compliance was allocated $2.290m in new initiative funding this year to deliver a major new multi-agency approach to target black market and poaching activities by: - increasing Ministry of Fisheries analytical and investigative capacity
- creating and equipping a Special Tactics Team for covert operations
- initiating a pilot programme to train two paua detector dogs. A Memorandum of Understanding has been signed with MAF for training and operating the dogs with evaluation of the programme occurring in June 2007. As at the end of June 2006, the dogs have successfully completed scent association training and are part way through their operational training.
- establishing relationships with industry stakeholder groups, particularly the paua and crayfish stakeholder groups. An example of this is the Stop Fish Theft initiative between the Ministry of Fisheries and the paua and cray management groups which is a wide-ranging campaign including education, and the establishment of a Coastwatch group with the goal of reducing fish theft.
In 2005/2006 there were 833 Dealer in Fish inspections (indicating 93% compliance). |
Prosecutions managed
Explanation
This covers activities dealing with fishery-related prosecutions, including case preparation and management of forfeit property. Prosecuting fishery offences contributes to preserving the structure, function and biodiversity of our aquatic environment for present and future generations. The purpose is to deter those who indulge in illegal activities.
| Expected Results |
Actual Performance |
Prosecutions are undertaken in accordance with Crown Law guidelines and Compliance business policies, with: - more than 95% of cases meeting prima facie requirements
- a success rate of at least 90% for prosecutions brought under the Fisheries Act 1996
- a success rate of at least 60% for prosecutions brought under fisheries regulations
- all cases being initiated within the statutory timeframes
|
Crown Law Office prosecution guidelines and Compliance business policies have been complied with. Compliance business policies in relation to prosecutions were reviewed in the December quarter and training undertaken. 100% of prosecutions commenced have established a prima facie case against defendants. The success rate for prosecutions brought under the Fisheries Act 1996 is 95%. In 2005/2006: - 122 persons were convicted
- 3 persons were discharged
- 2 persons had charges dismissed
- 4 persons had all charges withdrawn.
The success rate for prosecutions brought under fisheries regulations is 95%. In 2005/2006: - 192 persons were convicted
- 3 persons were discharged
- 9 persons had all charges withdrawn.
All cases have been initiated within statutory timeframes. |