BUILDING SECTOR CAPABILITY

The 2003/08 Strategic Plan notes that achieving our vision "relies on the commitment and ability of our people, the quality of our services and the strength of our relationships with others who have an interest and involvement in the fishery".

This requires, in part, the development, retention and recruitment of high performing people, including technical experts, managers and leaders for current and future needs, and the development of social, economic and ecological analytical skills.

The Ministry recognises the skills required to equip it for the future need to be obtained in two ways. First, through training existing staff who demonstrate the requisite aptitude. Second, by recruiting people with specific skills that are presently lacking.

In the 2004 Budget, the Government has provided additional funding for a variety of new initiatives designed to build sector capacity, including within the Ministry of Fisheries.

These are:

• additional resourcing to enable the Ministry to properly implement its Fisheries Deed of Settlement obligations

• additional funding for the development of a basic framework for delivery of biosecurity protection in the marine environment

• measures to provide for the health and safety of Fishery Officers through the establishment of a communications capability that will allow frontline compliance/enforcement activity to be carried out in a coordinated and safe manner

• additional funding to improve the accuracy of estimates of participation in the marine recreational fishery and improved harvest estimates of key fish stocks.

• additional investigator positions to allow the Serious Offences Unit to target serious QMS fraud

• additional resourcing to improve the Ministry's corporate infrastructure.

Fisheries Deed of Settlement implementation

The Fisheries Act 1996 requires the Minister, before making fisheries management decisions, to provide for the input and participation of tangata whenua who have a non-commercial interest in the stock concerned, or an interest in the effects of fishing on the aquatic environment in the area concerned. The Minister must also have particular regard to kaitiakitanga in making decisions on sustainability issues.

The Ministry's approach (under development) sets out how it will deliver on its obligations to Māori arising from the Fisheries Deed of Settlement. The intent is to build effective working relationships with iwi and hapu- as a platform for effective input and participation of tangata whenua in fisheries processes through the establishment of regional forums made up of iwi and hapu- representatives and Ministry staff.

Iwi have specifically identified the following impediments to effective participation in fisheries processes:

• lack of understanding of the Crown's fisheries management methods and processes

• lack of understanding of the fishing practices being carried out in their region by other sectors, and the impact of those practices on the fishery, the aquatic environment and customary fishing

• lack of financial resources and policy skills to provide effective representation at meetings

• lack of skills and understanding within the Ministry of tikanga Māori and kaitiakitanga

• lack of coordinated governance structures within iwi.

Finalising and implementing the approach is vital for the Ministry's credibility and relationship with tangata whenua.

Implementation will help significantly in fulfilling the legal obligations to tangata whenua. Fisheries management is a longstanding area of importance for Māori; strengthening effective Crown-Māori relationships and improving Māori participation in this area will help position Māori to engage effectively on all local coastal/marine management issues.

Achieving better outcomes and better relationships requires significant capacity building for both tangata whenua and the Ministry.

The approach has a number of interrelated components to address outstanding issues:

• establishment of regional fisheries forums

• employment of additional Relationship Facilitators

• employment of extension officers to assist iwi and hapu-

• employment of additional fisheries management advisors

• compliance resources to support the regional fisheries forums

• mediation services to support the implementation of the customary regulations

• public education and signage

• establishment of a high level reference group to advise the Ministry Executive Team on the Ministry's performance in fulfilling its Treaty and Fisheries Deed of Settlement obligations

• development and delivery of a training package for tangata whenua

• associated administrative support services.

Marine biosecurity capability enhancement

The current system for managing risks to the marine environment from unwanted introduced species suffers from:

• limited capacity to analyse and prioritise key threats to New Zealand across the range of threats posed by species, vectors and pathways

• the absence of a robust compliance regime with no capability to verify compliance in the management of ballast water (one of the main vectors for introduction of unwanted species) no capacity to manage other vectors (such as hull fouling)

• limited capacity to identify new incursions due to:

• a limited baseline knowledge
• limited surveillance activity
• poor taxonomic identification capacity
• a paucity of tools to combat new incursions in a response capacity or a longer term management capacity
• no operational capacity for management of unwanted organisms once established in New Zealand.

The 2004 Budget provides additional funding to develop a basic framework for delivery of biosecurity protection in the marine environment. The new funding will purchase the following additional elements of protection:

• some increased capacity to assess risks to marine environment values posed by species and vectors

• some increased capacity to develop and implement management controls on vectors (eg ballast water, hull fouling, overseas mail, aquarium imports)

• new capability to manage databases containing information on the compliance by vessels with management controls, and on indigenous and alien species present at ports of entry to New Zealand

• an expansion of the programme of baseline surveys to produce a baseline record of the indigenous and alien species present at all ports and marinas of entry to New Zealand

• more frequent resurveys of the species present at ports and marinas of entry to New Zealand to provide information on the frequency of marine incursions and effectiveness of management controls

• additional research into tools/methods to verify compliance with management controls (eg to contribute to the international research effort to develop a test to verify that ballast water to be discharged has been treated to comply with New Zealand requirements)

• an expansion of the programme of surveillance surveys for high-risk alien species to all ports and marinas of entry to New Zealand

• development of a passive surveillance programme incorporating regional councils, and other stakeholders.

Health and safety - Compliance field communications

The Health and Safety Act 1992 requires employers to 'take all practical steps' to ensure the safety of employees while at work. In particular, they must:

• provide and maintain a safe working environment

• ensure equipment is safe and staff are adequately trained in its use

• ensure staff are not exposed to hazards and have procedures for dealing with any emergencies that occur

• ensure staff have sufficient knowledge and experience of their work

• not cause harm to any other people in the workplace.

It has long been recognised that effective radio communications are essential to the success of field operations and safety of the staff involved. For many years the Ministry has operated a radio network that provides vehicle-to-vehicle communication if the vehicles are in close proximity (and often line-of-sight is necessary). In some locations (where there is flat terrain) this capability is extended to include the district office.

The Ministry intends that all vehicles in the Compliance fleet will be equipped to access a commercially operated radio network, which can provide the most extensive coverage available. For reasons of officer safety, this vehicle communication capability will also include a link facility allowing Fishery Officers to call in from a hand-portable radio set when away from the patrol vehicle. Vehicles will also be fitted with a GPS transponder to allow their positions to be monitored.

The implementation of this improved communications/tracking capability is designed to provide two significant benefits:

• effective, coordinated field communications that will facilitate the enforcement capability necessary in today's more sophisticated criminal environment

• the level of contact necessary to provide essential support and back-up to field officers working in remote locations and in an environment which, in general terms, has become more aggressive and threatening.

Improved information on recreational fishing

Information requirements on recreational catch and effort have been emphasised as a key part of the recreational policy reform initiative to contribute to the concept of a reasonable daily bag limit. To support the recreational reform package, additional research is required to assess the value of recreational fishing, which is increasingly becoming a key consideration in management allocation decisions between sector groups. A further key information need to support the recreational reform package is area-specific information on abundance and catch levels to support the use of the disputes process and section 311 of the Fisheries Act 1996.

Serious Offences Unit

The Serious Offences Unit (SOU) is responsible for the detection, investigation and prosecution of serious fisheries offending. While the Unit has been very successful, offending at the most serious level has become complex and sophisticated, resulting in the need for new and innovative offence detection and investigation tools, technologies and methodologies.

With the introduction of the Fisheries Act 1996, the most serious offences now carry terms of imprisonment and require Ministry investigators to prove intent as opposed to strict liability. This in turn is likely to further prolong and complicate the investigation and prosecution processes.

Further development of the SOU will ensure additional high profile and serious prosecutions are commenced, and that specialist skills are deployed in areas of highest priority.

It is proposed to phase in this initiative over three years, with 2004/05 and 2005/06 being set at 50%, rising to 100% in 2006/07.

Corporate infrastructure projects

The proposed corporate infrastructure projects aim to improve the Ministry's internal business management systems and the effectiveness of external communications.

Implementation of enhanced systems will improve the Ministry's performance and accountability, and reduce the level of risk to the Ministry's core processes.

Improving external communications will assist in achieving the Ministry's vision - that New Zealanders' attitudes towards the fishery are characterised by confidence and respect.

Summary

The summary table below covers the projected costs of the Ministry's capability build for 2004/05.

Notes

1. The amount appropriated in the Main Estimates for the Serious Offences Unit is $333,000 (GST inclusive). The Ministry intends that for the years 2004/05 and 2005/06 implementation will be at 50% of the appropriated level.

2. This includes:

• $285,000 for health and safety - Compliance field communications

• $148,000 for the Serious Offences Unit

• $192,000 for the industry share of the corporate infrastructure projects (this is spread across all outputs in accordance with the Ministry's cost allocation methodology).

Capability to deliver Fisheries Intervention Plan

The Ministry is committed to reviewing and improving its operations to meet the July 2006 target for implementing the Fisheries Intervention Plan. This will include significant changes to the main annual processes, the configuration of internal services and roles, and the development of new systems and services to support this direction.

These changes will impact on the entire Ministry organisational structure, the links between internal business units, the skills and capabilities of a number of roles, Ministry information, and risk management and resource planning areas. They will require careful sequencing to support the transition into the Fisheries Intervention Plan environment over the next two years and deliver the necessary capabilities and tools to support this future direction.

To this end, the Ministry has already made organisational changes within its Fisheries Management business unit. A standards team has been created in Wellington to oversee the development and implementation of standards and stock strategies, and the implementation of allocative management tools (marine reserves, kaitiaki appointments, and ma-taitai). Six Senior Fisheries Management Advisors, located in the Auckland, Nelson, and Dunedin offices, have been appointed with responsibility for particular fisheries. Developing stock strategies is a key function of the Senior Fisheries Management Advisors.

In addition, the Ministry's governance and organisation arrangements, necessary for it to deliver on the enhanced fisheries management approach, are under review.

The Ministry has also made significant progress in developing new delivery procedures for research, observers and cost recovery.

Other initiatives

Over the past four years, the Ministry has been working with the Department of Conservation and stakeholders on the development of a National Plan of Action for Seabirds (NPOA). The NPOA provides for the establishment of a long-term strategy to reduce the incidental catch of protected seabird species in fishing operations.

It has two goals:

• to ensure the long-term viability of protected seabird species is not threatened by their incidental catch in New Zealand waters or by New Zealand flagged vessels in high seas fisheries

• to further reduce incidental catch of protected species as far as possible, taking into account advances in technology, knowledge and financial implications.

Formal consultation on the NPOA was completed by 30 September 2003, and final decisions were made by the Ministers of Fisheries and Conservation recently.

The approved document was released to stakeholders on 8 April 2004.

The NPOA divides fisheries into three groups based on their level of interaction with seabirds and the existing legislative framework within which they are managed. The three groups are: fisheries with known seabird interactions; high seas fisheries; and all other fisheries. A package of mandatory and voluntary management measures commensurate with the level of impact that each group has on seabirds is outlined.

In 2004/05, the Ministry will be developing and implementing a plan for the NPOA in conjunction with the Department of Conservation and stakeholders. Part of this plan will be determining the nature and extent of observer coverage to monitor the incidental catch of seabirds.