Anderton Jim: Fisheries Act 1996 Amendment Bill — First Reading 
Anderton Jim: Fisheries Act 1996 Amendment Bill — First Reading 
[Volume:637;Page:7868] 
Hon JIM ANDERTON (Minister of Fisheries) 
: 
 I move  
That the Fisheries Act 1996 Amendment Bill be now read a first time. 
 At the appropriate time I intend to move that the Fisheries Act 1996 Amendment Bill be referred to the Primary Production Committee for consideration that it be an instruction to the committee for the bill to be reported to the House by 12 June 2007 and that the committee have the authority to meet at any time while the House is sitting except during oral questions during any evening on a day on which there has been a sitting of the House on a Friday in a week in which there has been a sitting of the House and outside the Wellington area during a sitting of the House despite Standing Orders 192 194(a) and 195(1)(b) and (c). In order that the proposed amendments are available in August 2007 to inform the next major set of fisheries management decisions that must be made by 1 October 2007 I intend to move that the committee report the bill by 12 June 2007 in accordance with Standing Order 291(1). 
The Fisheries Act 1996 is a principal statute governing the management of New Zealand’s fisheries resources. The Fisheries Act 1996 Amendment Bill will amend the Act to give clearer direction to decision makers where there are gaps or flaws in the information on which they must base their decisions. The amendment bill will ensure that where information is uncertain or lacking decision makers can take measures they judge necessary to ensure sustainability in fisheries resources and protection of the marine environment. 
The purpose of the Fisheries Act is to provide for the utilisation of fisheries resources while at the same time ensuring sustainability. In order to achieve this the Act provides for limits to be set within which sustainable fishing can occur. Often there is uncertainty or other flaws in the information available on how ecosystems and fish stocks behave. This means that decisions to allow harvest carry some degree of risk. The impact of a flawed decision will vary according to the nature of the flaw and the stock characteristics. If a decision overestimates the relevant stock levels sustainability of the fishery is put at risk. If it underestimates the stock levels then harvest has been unnecessarily constrained. Internationally there is a consensus that where information is uncertain or otherwise flawed fisheries managers should adopt a precautionary approach and should not use the uncertainty in information as a reason for postponing or failing to take measures to ensure sustainability. This general precautionary approach is contained in a number of international agreements to which New Zealand is a party. 
Currently the principles on how fisheries managers should deal with information when making fisheries management decisions are set out in section 10 of the Act. These principles explain that decision makers should consider any uncertainty and be cautious where information has this or other flaws. It also states that decision makers should not use the absence of or uncertainty in information as a reason for postponing or failing to take measures to achieve the purpose of the Act. The reference in this section to the purpose of the Act creates ambiguity. Because the purpose includes two objectives—providing for utilisation on the one hand and ensuring sustainability on the other—the current wording of section 10 does not provide the decision maker with clear directions on which of the two objectives they should favour in situations of uncertainty. 
The amendment contained in this bill will make clear that where information is uncertain or incomplete this is not a reason to delay or avoid taking measures to ensure sustainability. It protects decision makers from the argument that they should not take measures to ensure sustainability if the threat to sustainability is uncertain. Although the impacts on both utilisation and sustainability will continue to be considered in situations of uncertainty the amendment will indicate a clear preference that measures taken should favour sustainability. This is consistent with the international interpretation of the precautionary approach and good fisheries management. 
The proposed changes may constrain utilisation in certain circumstances in the short term but the overall impact should be positive helping to ensure a more sustainable resource base so that all New Zealanders can obtain value and enjoyment from our fisheries resources into the future. The short point is that if we do not preserve our fish sustainably we will not have any to fish for. 
In summary this bill provides for amendments to the Fisheries Act 1996 that will ensure that the Act better reflects the international interpretation of a precautionary approach as it applies to fisheries management in New Zealand. It will ensure that even where information is uncertain or otherwise flawed decision makers can act cautiously and take measures to ensure sustainability of fisheries resources and address any adverse effects on fishing and on the aquatic environment. I commend this bill to the House.