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Squid Fishery Management Company Limited Appellant, and Minister of Fisheries, First Respondent, and Chief Executive of Ministry of Fisheries, Second Respondent

Country/Territory
New Zealand
Type of court
Others
Date
Jul 13, 2004
Source
UNEP, InforMEA
Court name
Court of Appeal of New Zealand
Seat of court
Wellington
Judge
Hammond
William Young
ORegan
Reference number
CA39/04
Language
English
Subject
Fisheries
Keyword
Fishery management and conservation Bycatch
Abstract
This case concerned fishing related mortality of the New Zealand sea lion associated with squid fishing activity. The sea lions were susceptible to being caught up in trawl nets as they feed on squid. The Ministry had imposed operational restrictions on the squid fishery intended to limit sea lion deaths. This had involved the fixing of an annual “maximum allowable limit onfishing-related mortality” (MALFiRM). The appellants challenged the Minister’s determination of the maximum allowable limit on fishing-related mortality for sea lions in the squid fishery. The court emphasized that the Minister was required to balance utilisation objectives and conservation values. This required utilisation to the extent that it was sustainable. The Minister had adopted a “precautionary approach”, meaning that he largely resolved uncertainties against utilisation and in favour of conservation. The court, however, was not aware of a simple method by which risk on the one hand could be balanced against utilisation advantages on the other. Therefore a precautionary approach to the required balancing exercise was open to the Minister. However, the court was of the view that the approach the Minister took did not address the extent to which utilisation of the squid resource conflicted with conservation of the sea lion population. In this respect, his approach was not consistent with the requirements of the legislation which authorised only measures which he considered “necessary” for avoiding, remedying or mitigating fishing effects on the sea lion population. Besides that, in fixing the MALFiRM the Minister had not taken into account the principle that decisions should be based on the best available evidence. Thus the court allowed the appeal and set-aside the Ministers’ plan.
Full text
jdo.justice.govt.nz

References

Cites

United Nations Convention on the Law of the Sea

Treaty | Multilateral | Montego Bay |

Keyword: Alien species, Inspection, Legal proceedings/administrative proceedings, Management/conservation, Deep sea bed, Islands, Bycatch, Offences/penalties, Enforcement/compliance, Risk assessment/management, Fishing licence fee, Authorization/permit, Fishery management and conservation, Total allowable catch, Marine fisheries, Liability/compensation, Pollution control, Future generations, Marine pollution, Dispute settlement, Monitoring, Stock enhancement/repopulation, Maritime zone, Policy/planning, Marine pollution (dumping at sea), Size, Contract/agreement, Access right, Education, Data collection/reporting, Research, EIA, International organization, Long-range air pollution, Marine mammals, Mining, Business/industry/corporations, High seas, Sovereignty, Marine pollution (land-based sources), Migratory species, Vessel ownership, Court/tribunal, Marine resources management, Jurisdictional competence, Fishing licence, Harbour, Early warning system/emergency intervention system, Fishing gear/fishing method, Navigation, Registration, Continental shelf, Marine pollution (ship-based sources), Exploration, Seasons, International relations/cooperation, Technology transfer, EEZ-Exclusive Economic Zone, Sustainable use

Source: IUCN (ID: TRE-000753)