Departmental Output Expense - Fisheries Compliance

Description

This output class covers the outputs that promote compliance with fisheries laws and lead to detection of those involved in illegal fisheries activities.

Objectives

The objectives are to:

• promote voluntary compliance
• monitor fishing-related activities
• detect non-compliance with fisheries policies
• take enforcement steps where appropriate
• collate and provide information on non-compliance to support policy and regulatory decision-making processes
• provide recommendations for prosecution
• successfully prosecute those who have offended against fisheries laws.

Definition of terms

Terms used in the following outputs

* The term completed indicates that the investigation file has been closed and all matters subsequent to
prosecution have been dealt with in accordance with law and policy.
** The focus of the investigations group will be on serious offending and cases undertaken will be prioritised against the ‘risk based compliance strategy’, however, it is recognised that some work undertaken will be
important and necessary for other reasons.
*** The term finalised indicates that a decision to prosecute has been made and informations have been laid. Alternatively, a decision has been made and documented to finalise the investigation by a means other than prosecution.

Commercial fisheries compliance

Explanation

Under this output the Ministry of Fisheries provides services to monitor, inspect and investigate commercial fishers to support the integrity of the Quota Management System.

Expected Results		Actual Performance
Observations and inspections	No.	No.
Landings of fish observed.	100 - 150	Milestone removed with Ministerial approval
Vessels inspected.	500 - 550	1,567
Licensed Fish Receivers (LFR) inspected.	100 - 150	385
The quality of the observed landings, vessel and LFR inspections will be in accordance with urveillance plans for each district and will be not less than.	90%	100%
Monthly Harvest Returns
Monthly harvest returns provided within 30 days after month end.	95%	98.9%
Investigation cases
Investigations commenced (from 1 July 2006).	10	12
Investigations completed* (as at 30 June 2007).	5	6
Cases undertaken categorised as high and medium risk against the ‘Risk Based Compliance Strategy’.	75%**	100%
Prosecution decision making is consistent with Crown Law Office prosecution Guidelines and Compliance policy statements.	100%	100%
The number of cases investigated that are finalised*** within 18 months of commencement will be not less than	.80%	100%

Non-commercial fisheries compliance

Explanation

Under this output the Ministry of Fisheries provides services to educate, monitor, inspect and investigate recreational and customary fishers.

Expected Results		Actual Performance
	No.	No.
Intermediate schools visited to promote fisheries compliance (or to delvier education programmes).	180-200	32 School presentations are being developed as part of a wider education package.
Non-commercial patrols undertaken during the year. These include: Recreational patrols and inspections Kaitiaki liason Enforcement of customary regulations Community based education, brochures and signage Management of Honorary Fishery Officers.	700-780	1,825
Kaitiaki appointees trained in fisheries compliance matters.	90-100	209
Carry out recreational and customary patrols in accordance with Surveillance plans for each district.	90% achieved	100%

New Zealand’s international fisheries compliance

Explanation

Under this output the Ministry of Fisheries provides technical advice into international fisheries frameworks, supporting New Zealand’s international obligations, liaison with Monitoring, Control and Surveillance (‘MCS’) practitioners especially in the South Pacific and providing investigative responses to offending that impacts on New Zealand’s international obligations.

Expected Results		Actual Performance
	No.	No.
Investigation cases commenced.	2	4
Investigation cases completed.*	1	4
Technical advice will be provided where requested.	100%	100%
Cases undertaken categorised as high and medium risk against the ‘Risk Based Compliance Strategy’.	50%**	75%
Case management and legal review processes are in place to ensure prosecution decision making is consistent with Crown Law Office prosecution guidelines and Compliance policy statements.	100%	100%
Cases investigated are finalised*** within 12 months of commencement.	Min 50%	100%
Technical advice is relevant, timely and accurate.	100%	100%

Poaching and black market activities deterred

Explanation

Under this output the Ministry of Fisheries provides services to detect and prosecute key offenders and disrupt the supply of poached or black-market seafood through effective monitoring, inspection and investigations so that fisheries resources are available for legitimate users.

Expected Results		Actual Performance
	No.	No.
Poaching and black market patrols undertaken.	400 - 500	758
Investigation cases commenced.	12	10
Investigation cases completed.*	5	6
Cases undertaken categorised as high and medium risk against ‘the Risk Based Compliance Strategy’.	Min 75%**	90%
Case management and legal review processes are in place to ensure prosecution decision making is consistent with Crown Law Office prosecution guidelines and Compliance policy statements.	100%	100%
Cases investigated are finalised*** within 12 months of commencement.	Min 80%	100%

 

Prosecutions managed

Explanation

Under this Output the Ministry of Fisheries delivers services that relate to the prosecution of offences against fisheries laws and regulations.

Expected Results		Actual Performance
	No.	No.
Prosecution cases initiated within statutory timeframes.	100%	100%
Successful prosecutions achieved under the Fisheries Act 1996.	90%	95%
Successful prosecutions achieved under Fisheries regulations	75%	94%
Prosecution cases meet prima facie requirements.	95%	100%