REGULATORY IMPACT STATEMENT
Amendment to Amateur Fishing Regulations
Statement of the nature and magnitude of the problem and the need for government action
National and regional fisheries regulations govern the taking of fish and aquatic life by recreational fishers. The previous Minister of Fisheries invited recreational fishers to identify current amateur fishing regulations of greatest concern to them, with a commitment given to review their top ten concerns over a three-year period. In conjunction with the New Zealand Recreational Fishing Council (‘the Council’) the Ministry of Fisheries (‘MFish’) looked to address several of these issues during 2005.
Primary Taker
The Fisheries (Amateur Fishing) Regulations 1986 specify the maximum number of fish and shellfish that may be taken or possessed by a person on any day (the daily bag limit). The Courts have held that in the case of diving, only the diver is entitled to a daily bag limit. In the Court’s view, people who remain on board a vessel while divers are fishing do not provide a level of support that can be considered a part of the act of fishing. This has become known as the ‘primary taker’ regime.
The Council considers that this entitlement is unfair and unsafe when gathering scallops or dredge oysters by diving. They contend that people who remain on board a fishing vessel for the purpose of diver and vessel safety are an integral part of the fishing operation and should be entitled to a bag limit gathered on their behalf.
Rock Lobster Catch Methods
The Fisheries (Amateur Fishing) Regulations 1986 provide definitions of various methods and equipment that may be lawfully used when fishing for rock lobster. The combined effect of the broad rock lobster pot definition in regulation 3 and the requirements of regulations 25, 25B and 25C means that, unless a method is specifically authorised in the Regulations (or it complies with the lobster pot requirement for escape gaps), the method may not be used by amateur fishers to take rock lobster. As a result, many of the methods that recreational fishers have been using for decades are unlawful.
The lack of clarity in the regulations regarding what methods are allowed and what methods are unlawful has resulted in confusion amongst recreational fishers. Accordingly the Regulations are difficult to enforce.
Possession of Mussels with UBA
The Fisheries (Amateur Fishing) Regulations 1986 prohibit the taking and possession of mussels and paua with underwater breathing apparatus UBA. The prohibition on taking was put in place for sustainability reasons. The prohibition on possession was put in place to assist enforcement of the prohibition on taking.
There are no longer any significant sustainability risks or poaching concerns for mussels in most areas, and the current method control for mussels in no longer necessary. For the most part this is due to a significant mussel farming industry
Shucking of Scallops and Dredge Oysters at Sea.
Regulation 20 of the Fisheries (Amateur Fishing) Regulations 1986 provides that when people on board a vessel collect shellfish to which a size limit applies, they must take their catch back to land, shuck and eat the shellfish while they are on land, then return back to their vessel. Part of the modern recreational experience is the ability for fishers to eat shellfish on board their vessels. The Council considers the regulation to be overly restrictive and limits the potential enjoyment of the fishing experience.
Statement of the public policy objective
To ensure that the Ministry of Fisheries meets its obligations under the Fisheries Act 1996 by providing for the effective utilisation of fisheries resources while ensuring sustainability. Effective utilisation encompasses enabling people to provide for their social and cultural wellbeing.
Statement of feasible options (regulatory and/or non-regulatory) that may constitute viable means for achieving the desired objective(s)
Primary Taker
Status Quo – The principle that only recreational fishers who are actively taking fish can take up to a daily allowance is an important one. Any major departure from current arrangements will undermine this principle. However it is acknowledged that safety personnel are an important part of recreational fishing activity and that changes in the framework could be made that would be enforceable and would not undermine the effectiveness of daily bag limits as a management tool. Therefore the status quo is not the preferred option because it does not meet the public policy objective.
Preferred Option – It is proposed to amend the Fisheries (Amateur Fishing) Regulations 1986 to allow for two extra bag limits per vessel, per day providing that the safety people are on board the fishing vessel at that time and acting in the capacity of safety people. In recognition that over a range of vessel sizes, two safety people on average are part of the diving activity the Government considers that 2 extra bag limits should be allowed. To ensure that this provision is not abused the proposal provides that the additional allowances can only be use in specific circumstance i.e. when people on the vessel are acting as safety persons.
The summer period is a significant one for recreational fishers. Therefore it is proposed that the 28 day rule be breached and that the regulation come into force the day after gazettal.
Rock Lobster Catch Methods
Status Quo – Currently Rock lobster may only be lawfully gathered by hand gathering or potting. This was due to the unintended consequences of the definition of rock lobster pots and application of the Regulations. The use of ‘bobs’, ‘landing nets’ and ‘ring pots’ will not affect the sustainability of the species and should therefore be able to be utilised in the taking of rock lobster. Therefore the status quo is not the preferred option because it does not meet the public policy objective.
Preferred Option – To amend the Fisheries (Amateur Fishing) Regulations 1986 to:
- permit the use of bobs for catching rock lobster;
- permit the use of landing nets to secure fish lawfully taken by any method; and
- redefine the definition of ring pots in the Regulations so that ring pots are not required to have a minimum mesh size.
Possession of Mussels with UBA
Status Quo – Recreational fishers are currently prohibited from taking and possession of mussels with UBA. The prohibition on taking was put in place for sustainability reasons. The prohibition on possession was put in place to assist enforcement of the prohibition on taking. There are no longer widespread sustainability concerns for mussels. Therefore the status quo is not the preferred option because it does not meet the public policy objective.
Preferred Option – To remove the reference to mussels in regulation 21 of the Fishing (Amateur Fishing) Regulations 1986 to permit the taking and possession of mussels with underwater breathing apparatus.
Shucking of Scallops and Dredge Oysters at Sea.
Status Quo – retention of the status quo, which does not allow for the shucking and consumption of seafood at sea, impacts on the ability to enjoy the modern recreational experience. This is seen as being restrictive and impractical. Therefore the status quo is not the preferred option because it does not meet the public policy objective.
Preferred option – to amend regulation 20 of the Fisheries (Amateur Fishing) Regulations 1986 to allow the possession of shucked scallops and dredge oysters on board a fishing vessel while at sea.
Statement of the net benefit of the proposal, including the total regulatory costs (administrative, compliance and economic costs) and benefits (including nonquantifiable benefits) of the proposal, and other feasible options
Government
A key step in achieving compliance with fishing rules is not only ensuring that the rules are known and understood but also that they are considered to be reasonable. This enhances voluntary compliance with fishing rules. The issues dealt with in these proposals are considered very important to the recreational sector. The resolution of these issues is expected to improve the acceptance of the amateur fishing regulations, and therefore increase levels of compliance and therefore assist with enforcement. Resolution of these important recreational issues is also expected to improve the relationship of Government with the recreational sector.
There are administrative implications associated with amending the regulations. Resources will be required to raise public awareness of any new regulatory amendments. The most significant cost will be incurred through changes to existing Ministry of Fisheries signage and pamphlets that publicise recreational fishing rules. All of these costs will fall under business as usual for the Ministry of Fisheries.
Recreational Fishers
The issues dealt with in the proposals adversely affect the recreational fishing experience and many are considered to be restrictive, impractical and unfair. The proposals will have significant, positive impacts for recreational fishers and customary fishers that fish under the amateur regulations. They will also remove some of the ambiguity currently surrounding the amateur regulations.
The proposals generally provide benefit to recreational fishers. The summer period is a significant one for recreational fishers.
Society
Fishing and the right to fish is an important part of New Zealand society and the benefits outlined previously are expected to be widespread.
Primary taker
It is not considered that there will be any significant sustainability implications, as a result of the two extra bag limits for two safety persons, because the minimum size limit is the most important sustainability measure for scallops and dredge oysters.
Possession of Mussels with UBA
Bag limits for mussels will continue to apply and this output conrol is likely to ensure harvesting remains sustainable.
Shucking of Scallops and Dredge Oysters at Sea
People will still be required to adhere to minimum legal size limits, daily bag allowances and the requirement to land scallops and dredge oysters whole will remain. Incremental risk to these fisheries is considered small.
No compliance costs to business arise from these proposals.
Statement of consultation undertaken
A detailed Initial Position Paper was developed for the proposals and sent out, seeking submissions, to members of the fishing industry, environmental and recreational sectors and any other interested parties who would be directly affected.
Consultation was also undertaken with Ministry of Justice, Ministry for the Environment, Ministry of Economic Development, Te Puni Kokiri, the Treasury, and Department of Conservation.
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