Court Simon; Parker DavidSIMON COURT (ACT): Thank you Madam Chair. Thank you Minister for clarifying your expectations around that clause. I personally am a huge fan of the pilchard and the sardine. I can understand why a judge who feels as strongly as I do about the value of the sardine—particularly on toast with some pepper and salt a squeeze of lemon juice and maybe a couple of drips of Kaitaia Fire—would potentially be very concerned that 50 or 51 sardines had accidentally been harmed and returned to the sea without making it into the tin. Minister we would like you to shed some light on how you think judges might treat this in the future. When we just reflect on the sentencing guidelines as they apply to criminals—people who've committed offences like assault and robbery and ram raids and theft—what we've heard recently from other Ministers of the Government is that the sentencing guidelines haven't changed but the judges have just interpreted them a bit more liberally which is why so many people aren't in jail; they're at home or maybe not with ankle bracelets on. We'd just like to understand from the Minister how it is that he could have such confidence in future judges because I do want to make sure that if sardines are going to be caught if pilchards are going to be caught they're going to be marinated in tomato sauce and they're going to be put in the can and not lost overboard but I also don't want the fishers who are out there doing the catching to be subject to prosecution or fines. So Minister I'd like you to answer that.I'd also like to offer support for the Green member the Hon Eugenie Sage's amendment to clause 4A which proposes that the bycatch of protected species needs to be avoided and the need to implement effective measures by fishers to reduce the bycatch of protected species in particular the Antipodean albatross and the New Zealand sea lion. Now I understand that there are already significant controls and restrictions in place to make sure that doesn't happen but that there may be occasions where it does happen and there may be methods which haven't yet been fully implemented to make sure that these species—these wonderful animals that soar for days and weeks out to sea feeding in places where only the hardiest fisherman would actually go but that are at risk from even the most modern fishing practices—are protected. I would just like to reiterate the ACT Party's support for this measure—obviously on the basis that practical measures to avoid bycatch of protected species can be implemented. Thank you. Minister would you please respond to that.Hon DAVID PARKER (Minister for Oceans and Fisheries): As I've previously said the issues that are raised by the member I suspect are partly in jest because he would know that it would be very very unlikely that the prosecutorial authority would ever exercise their discretion to prosecute in the sort of circumstances that he has described with his pilchards. If they were to do that then I would trust the courts to deal with it appropriately.In respect of the reference to the Green member's Supplementary Order Paper section 15 of the Fisheries Act 1996 already contains sufficient powers so the member—being someone that doesn't like to have confusing legislation or over-regulation—I think might revisit his opinion on that particular Supplementary Order Paper if he read section 15 of the primary Act.