Amendment of the Fisheries Act – total allowable catch setting

Cabinet has approved the amendment of section 13 of the Fisheries Act 1996. Section 13 provides for setting the TAC for each quota stock, which is the main instrument used to constrain fishing of a stock to levels that can be sustained over time.

In a review of TAC setting earlier this year, the High Court found that reasonable estimates of a stock’s current biomass and the biomass that can produce the maximum sustainable yield are required before the Minister can set or vary a TAC under section 13(2) of the Fisheries Act. However, this level of information is currently only available for about 5% of New Zealand’s 629 fish stocks. The proposed amendment is required to restore the Minister’s ability to set TACs for majority of stocks under current information constraints.

Objectives of the amendment

The purpose of the amendment is to enable the continuation of established practice in relation to setting a total allowable catch (TAC) under s13. This will ensure that TAC decisions can continue to be taken as they have in the past. There will be no change to the policy relating to TAC setting. The amendment will:

• enable TAC decisions to be taken by the Minister in the absence of the biomass estimates currently required by section 13(2), using the best information available from a range of sources 
•  ensure no TAC decision is knowingly inconsistent with the current objective to maintain stocks at or above, or move them to, the level that can produce MSY
• be as consistent as possible with the current construction of the Act
• be as simple as possible, while clearly conveying the intent
• ensure the TAC setting process includes consideration of relevant social, cultural and economic factors
• ensure TAC setting will use all of the information available, without necessitating a level of research and stock assessment involving unreasonable cost, effort or time (consistent with s10(a)).

Next steps

The Bill was introduced to Parliament on 21 July 2008. It has received its first reading and been referred to Select Committee. The intention is to have the Bill passed before the end of the current Parliament on 23 September. This will require a shortened period for consideration of the Bill by Select Committee, which will occur during August. Select Committee has called for submissions by Friday 11 August. For further information on making a submission please go here http://www.parliament.nz/en-NZ/SC/SubmCalled