Crayfish case - Part 2
ENVIRONMENTAL LAW INITIATIVE v MINISTER FOR OCEANS AND FISHERIES
ELI is challenging the Minister for Oceans and Fisheries Total Allowable Catch decision for crayfish in Northland.
Around New Zealand, including in Northland, kelp forests are declining rapidly, with ‘kina barrens’ forming in their place. Kelp forests support a wide range of marine life and their loss has devastating effects on the ecosystem. There is a large body of supporting scientific evidence showing that this decline is occurring because of a reduction in predator numbers, including crayfish. Without crayfish, kina populations explode and eat away the kelp forests on the shallow Northland reefs.
In October 2022, ELI and Te Uri of Hikihiki hapū won a High Court case challenging the 2021 and 2022 total allowable catch decisions for rock lobster in Northland. The Minister for Oceans and Fisheries was ordered to remake the most recent decision basing it on the best available information, considering the wider impacts of crayfishing on the marine environment, and taking a precautionary approach.
ELI is challenging the re-made TAC decision, in part, on the basis that:
Proposed (and chosen) TAC options do not reflect the Fisheries Act's purpose and principles – particularly the environmental principles and sustainability purpose
In making the decision, the Minister took into account hypothetical future sustainability measures, which were irrelevant considerations
The decision was unreasonable because it was not supported by evidence
Our key concern is that Fisheries New Zealand (FNZ) continues to ignore key parts of the law which demand a more ecosystem-based approach to fisheries management.
Our vision is for lawful, evidence-based decision making.
The case will be heard in the High Court in Wellington on 19th and 20th August 2024.
