Compliance – Education, Prevention and Enforcement
On a typical day in New Zealand there are 10 fisheries patrols underway, approximately three people are issued with infringement notices, and at least one person is found committing a serious infringement warranting prosecution. With more than 400 prosecutions per year, the Ministry’s compliance staff are kept busy.
A crucial part of fisheries compliance operations are the hard•working voluntary network. There are currently 162 Honorary Fishery Officers (HFOs) who conduct the ‘lion’s-share’ of our recreational monitoring patrols, which includes up to 25,000 inspections per year. Their contribution is invaluable and means that the Ministry’s fishery officers can focus their efforts on the serious offenders. Over the past financial year, funds of $300,000 were invested in improving the HFOs’ capability – including the purchase of uniforms, equipment, and health and safety support.
A considerable focus for our compliance effort remains on the foreign charter vessel (FCV) fleet. Evidence of serious offending amongst this sector is still being regularly found.
That said, positive and maturing stakeholder relationships are developing between the Ministry’s compliance staff and industry representatives in general. To highlight one example, in recent years the Ministry has formed a strong collaboration with the inshore Crayfish and Paua industry working groups, where shared surveillance and information gathering to target offenders brings benefits to both parties.
Pinching a poaching ring – Operation PAID
A well-publicised success of the 2007/08 year was the illegal paua poaching bust Operation Paua and Illegal Diving (Operation PAID). This was the first major operation executed by the Special Operations Unit that was established in recent years to counter serious fisheries crime using enforcement tools such as covert surveillance and under-cover fishery officers.
The operation identified divers and buyers of black market paua sourced from the Wellington’s south coast. More than 130 fishery officers and 70 police entered residences in Auckland, Wellington, Opotiki and Hastings to apprehend approximately 70 alleged offenders and secure evidence relating to the fishing and trading of black market paua.
Prosecutions have commenced and the Ministry will be involved over the coming months in court proceedings. It is hoped that the success of this operation will curtail the illegal activity associated with the paua fishery; however the situation will be closely monitored so that any new activity is detected early.
Enforcing international rules
A world-first fisheries prosecution was successfully executed in New Zealand during this financial year. The long-term operation involved New Zealand nationals using a Cook Islands flagged vessel to fish and transport fish illegally in the Australian EEZ. This case set an international precedent in relation to the control of New Zealand nationals and demonstrated New Zealand’s commitment to its international obligations.
While the fishermen did not commit any offences within New Zealand’s jurisdiction, they broke the law of another country. Provisions in the Fisheries Act 1996 mean that if a New Zealander breaches laws on the high seas or in another country’s waters we can prosecute them. Both the Master and the Chief Mate were convicted on all charges at the end of 2007.
Zero tolerance to IUU fishing
Working with MFAT on one of the most significant IUU investigations to date is one of the Ministry’s success stories of the past year. In 2008, the Ministry revoked the permit of a foreign vessel trying to land a catch of Antarctic toothfish. As part of a routine inspection, our fishery officers uncovered evidence that showed the vessel was involved in IUU activities, as part of a larger fleet controlled by a trans-national IUU syndicate.
These actions resulted in the Ministry being challenged in the High Court by the vessel’s owner. The matter has since concluded in the Ministry’s favour. New Zealand officials have provided the information to the members of CCAMLR to start the process of black listing this vessel.
Support in the Pacific
Part of the Ministry’s role is to support Pacific Island countries to reach their fisheries management objectives. This year the Ministry provided investigative support to the Cook Islands and Tonga. The New Zealand government, with technical support from MFish, provides aerial surveillance services to these countries, which acts as a deterrent to IUU fishing.
Interagency co-operation
During the past year the Ministry formalised an agreement with the New Zealand Customs Service (Customs) that allows nominated fisheries staff access to Customs-controlled areas, such as airports, seaports and freight-forwarding depots. This access has improved our ability to investigate and intercept illegal shipments of fish, particularly high-value species like paua.
The Ministry is working with the New Zealand Police to establish the Organised and Financial Crime Agency of New Zealand (OFCANZ) which will, over time, increasingly become a part of our compliance enforcement work. This whole-of-government initiative, is intended to target organised crime in New Zealand. The Ministry is part of the inter-agency steering group and will play an active role in cases as required.