The Primary Production Committee has examined the Fisheries Act 1996 Amendment Bill (No 2) and recommends that it be passed with the amendments shown.
Introduction
The Fisheries Act 1996 Amendment Bill (No 2) seeks to amend section 13 of the Fisheries Act 1996 (the principal Act) to provide for the continuance of established practice by the Minister of Fisheries when setting a total allowable catch for a stock covered by the quota management system. It would allow a total allowable catch to be set where estimates of the current and target biomass of a fishstock were not available. The bill is a response to a recent High Court ruling which found that, as the principal Act stands, the Minister must be provided with estimates of the current biomass of a stock and the biomass that can represent the maximum sustainable yield from that stock before setting a total allowable catch. This information threshold cannot be met for the majority of the 629 fishstocks in the quota management system without incurring unreasonable cost, effort, or time. The amendment seeks to restore the ability of the Minister to set a total allowable catch for all stocks according to established practice using the best available information.
Drafting clarification
We consider that several amendments are required to clause 4 to clarify several drafting matters. We recommend amending clause 4(2) of the bill so that it would not remove the existing reference in section 13(3) of the principal Act to paragraphs (b) and (c) of section 13(2). We also recommend amending clause 4 so that section 13(3) of the principal Act would include a reference to new section 13(2A), which provides an alternative set of criteria for the Minister to use to set a total allowable catch when the informational requirements of section 13(2) cannot be met.
Submissions
Submitters expressed various views on the bill. While the majority were generally supportive of the intent of the bill, a few raised a number of concerns. It was suggested that the legislation was too rushed, and that a wider review of the principal Act was needed.
The bill has a limited purpose, and the suggestions for more extensive amendment of the bill were not consistent with its intent. Additionally, many of the suggested changes would require greater consideration than was possible in the timeframe we were given to examine the bill. These matters are better dealt with by a wider review of the Act and we were advised that such a review is under active consideration.
We consider the bill is necessary to allow the current approach to setting total allowable catches to continue, enabling important management decisions to be progressed. This bill reinforces the requirement to use the best available information in setting total allowable catches.
Appendix
Committee process
The Fisheries Act 1996 Amendment Bill (No 2) was referred to the committee on 29 July 2008. The closing date for submissions was 11 August 2008. We received and considered 10 submissions from interested groups and individuals. We heard eight submissions. We received advice from the Ministry of Fisheries.
Commentary
Recommendation
The Primary Production Committee has examined the Fisheries Act 1996 Amendment Bill (No 2) and recommends that it be passed with the amendments shown.
Introduction
The Fisheries Act 1996 Amendment Bill (No 2) seeks to amend section 13 of the Fisheries Act 1996 (the principal Act) to provide for the continuance of established practice by the Minister of Fisheries when setting a total allowable catch for a stock covered by the quota management system. It would allow a total allowable catch to be set where estimates of the current and target biomass of a fishstock were not available. The bill is a response to a recent High Court ruling which found that, as the principal Act stands, the Minister must be provided with estimates of the current biomass of a stock and the biomass that can represent the maximum sustainable yield from that stock before setting a total allowable catch. This information threshold cannot be met for the majority of the 629 fishstocks in the quota management system without incurring unreasonable cost, effort, or time. The amendment seeks to restore the ability of the Minister to set a total allowable catch for all stocks according to established practice using the best available information.
Drafting clarification
We consider that several amendments are required to clause 4 to clarify several drafting matters. We recommend amending clause 4(2) of the bill so that it would not remove the existing reference in section 13(3) of the principal Act to paragraphs (b) and (c) of section 13(2). We also recommend amending clause 4 so that section 13(3) of the principal Act would include a reference to new section 13(2A), which provides an alternative set of criteria for the Minister to use to set a total allowable catch when the informational requirements of section 13(2) cannot be met.
Submissions
Submitters expressed various views on the bill. While the majority were generally supportive of the intent of the bill, a few raised a number of concerns. It was suggested that the legislation was too rushed, and that a wider review of the principal Act was needed.
The bill has a limited purpose, and the suggestions for more extensive amendment of the bill were not consistent with its intent. Additionally, many of the suggested changes would require greater consideration than was possible in the timeframe we were given to examine the bill. These matters are better dealt with by a wider review of the Act and we were advised that such a review is under active consideration.
We consider the bill is necessary to allow the current approach to setting total allowable catches to continue, enabling important management decisions to be progressed. This bill reinforces the requirement to use the best available information in setting total allowable catches.
Appendix
Committee process
The Fisheries Act 1996 Amendment Bill (No 2) was referred to the committee on 29 July 2008. The closing date for submissions was 11 August 2008. We received and considered 10 submissions from interested groups and individuals. We heard eight submissions. We received advice from the Ministry of Fisheries.
Committee membership
Hon David Carter (Chairperson)
R. Doug Woolerton (Deputy Chairperson)
Dr Ashraf Choudhary
Phil Heatley
Hon Steve Maharey
Katherine Rich
Eric Roy
Hon Dover Samuels