Proposed amendments to non-fish and protected species reporting

Royal albatross: JJ Harrison, CC BY-SA 3.0, via Wikimedia Commons

Fisheries New Zealand should pause this consultation and wait for the judgment in ELI’s marine bycatch litigation.

Fisheries New Zealand (FNZ) has consulted on a range of changes to the bycatch reporting requirements for commercial fishers.

This consultation results directly from ELI’s marine bycatch litigation against the Ministry for Primary Industries (MPI) and the Department of Conservation (DOC). In the course of this litigation, ELI has pointed out a number of gaps between the current reporting and what the law requires. FNZ has moved to backfill those gaps before receiving the judgment in the case.

ELI is disappointed not to see the litigation referred to in the consultation documents, as such reference would have provided fundamental contextual information for submitters and a clear rationale for the specifics of the proposals.

The impending High Court judgment will likely determine what the law requires of commercial fishers when reporting bycatch. The most reasonable course of action would be for FNZ to consult on changes after receiving the Court’s direction.

We have recommended that the work on these amendments be paused pending the High Court decision. Read our full submission below.