Carter David: Fisheries Act 1996 Amendment Bill (No 2) — Third Reading 
Text is incorporated into the Bound Volume 
Carter David: Fisheries Act 1996 Amendment Bill (No 2) — Third Reading 
[Sitting date: 23 September 2008. Volume:650;Page:19017. Text is incorporated into the Bound Volume.] 
Hon DAVID CARTER (National) 
: 
 National will support the Fisheries Act 1996 Amendment Bill (No 2). We also were happy to grant leave to Dr Cullen 5 or 10 minutes ago to change the Order Paper specifically so that this legislation and others could be enacted by 1 October this year. It is critical that this legislation be dealt with by the Primary Production Committee passed through the House and enacted by 1 October so that we do not have any difficulties—or have fewer difficulties—with the setting of total allowable catches for the coming fishing season. 
The fishing industry is intensely litigious. This legislation is before us today because of a decision made by Justice Miller in February 2008 when Antons Trawling Co. Ltd took a case against the Minister of Fisheries regarding his establishment of a total allowable catch for area 1 orange roughy. Antons Trawling challenged the establishment by the Minister of Fisheries Jim Anderton of a total allowable catch and on the basis of a ruling from Justice Miller that it was necessary to establish the maximum sustainable yield the original quota decision of the Minister was overturned. 
We now have about 629 species in the quota management system and those total allowable catches are set annually—in many cases without the information necessary to establish the maximum sustainable yield. Although the ruling by Justice Miller is obviously the strict interpretation of the original legislation for a long period of time now the sustainable yield has been established on a variety of information. Clearly the cost and complexity of having to establish total allowable catches based on only full information about the maximum sustainable yield would make it be impractical. National acknowledges that and is happy to support the legislation. 
The Minister of Fisheries should have done a lot better for this industry. The original decision from Justice Miller came out in February of 2008. Mr Anderton sat on his hands aware of that decision and of the difficulty of establishing total allowable catches from October this year. He then rushed legislation into Parliament on 11 August and told the select committee that it had to report it back to the House by 22 August. The select committee did that; it reported it back by 22 August and the bill has sat on the Order Paper for the last month when we have had the ability to get it through Parliament. That is just typical of the Minister of Fisheries. He has been absolutely hopeless for this industry. He has never been interested in the portfolio and consequently it is of little surprise to me that his relationship with the fishing industry is similar to the relationships that he has established with the farming industry and the forestry industry. 
The Primary Production Committee received a number of submissions and many of those submitters made points that were outside the scope of the bill. I am comforted by the fact that the Ministry of Fisheries acknowledged to the select committee that it intends to conduct a wider review of the Fisheries Act 1996. It is very complex legislation; it provides a ground-breaking mechanism for managing fisheries and fishing stock that is well regarded around the world but it is not perfect. It is timely that a review be undertaken and I hope that that review will find ways of addressing some of the submissions that came before the select committee. 
It is with pleasure that National members support the legislation. It needs to be passed by 1 October. I certainly hope that in setting fishing limits for the coming season—which starts on 1 October 2008—we do not then see too much litigation with too many challenges from the industry to the Minister’s decision which after all is about ensuring that we have a sustainable fishery into the future.