Aquatic Environment and Biodiversity Annual Review 2012

AEBAR 2012: Introduction
2000; the Resource Management Act 1991 for issues in coastal marine areas that could affect fisheries
interests or be the subject of sustainability measures under section 11 of the Fisheries Act; and the
Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 for issues outside
the Territorial Sea. These Acts are administered by other agencies and this leads to a requirement for
the Ministry for Primary Industries to work with other government departments (especially the
Department of Conservation and through the Natural Resource Sector 1 ) and with various territorial
authorities (especially Regional Councils) to a greater extent than is required for most fisheries stock
assessment issues.
Table 1.1: Sections of the Fisheries Act 1996 relevant to the management of the effects of fishing on the aquatic
environment.
Fisheries Act 1996
s8 Purpose –
(1) The purpose of this Act is to provide for the utilisation of fisheries resources while ensuring sustainability, where
(2) “Ensuring sustainability” means –
(a) Maintaining the potential of fisheries resources to meet the reasonably foreseeable needs of future generations: and
(b) Avoiding, remedying, or mitigating any adverse effects of fishing on the aquatic environment:
“Utilisation” means conserving, using, enhancing, and developing fisheries resources to enable people to provide for their
social, economic, and cultural well-being.
s9 Environmental Principles.
associated or dependent species should be maintained above a level that ensures their long-term viability;
biological diversity of the aquatic environment should be maintained:
habitat of particular significance for fisheries management should be protected.
s11 Sustainability Measures. The Minister may take into account, in setting any sustainability measure, (a) any effects of
fishing on any stock and the aquatic environment;
s15 Fishing-related mortality of marine mammals or other wildlife. A range of management considerations are set out in
the Fisheries Act 1996, which empower the Minister to take measures to avoid, remedy or mitigate any adverse
effects of fishing on associated or dependent species and any effect of fishing-related mortality on any protected
species. These measures include the setting of catch limits or the prohibition of fishing methods or all fishing in an
area, to ensure that such catch limits are not exceeded.
Under the primary legislation lie various layers of Regulations and Orders in Council (see
http://www.legislation.govt.nz/). It is beyond the scope of this document to summarise these.
In addition to its domestic legislation, the New Zealand government is a signatory to a wide variety of
International Instruments and Agreements that bring with them various International Obligations
(Table 1.2). Section 5 of the Fisheries Act requires that the Act be interpreted in a manner that is
consistent with international obligations and with the Treaty of Waitangi (Fisheries Claims) Settlement
Act 1992.
1 The Natural Resources Sector is a network of government agencies established to enhance collaboration. Its
main purpose is to ensure a strategic, integrated and aligned approach is taken to natural resources development
and management across government agencies. The network is chaired by MfE’s Chief Executive. The Sector
aims to provide high-quality advice to government and provide effective implementation and execution of major
government policies through coordination and integration across agencies, management of relationships, and
alignment of the policies and practices of individual agencies.
7