Marine farmers want answers on reform bill

By IRENE CHAPPLE

Marine farmers meet Government officials this week to try to clarify a contentious intervention clause proposed as part of industry law reform.

The industry is worried an intervention clause being written into aquaculture legislation will give the Government a discretionary right to reclaim a marine farmer's waterspace.

It is understood that under current proposals no compensation will be offered should the intervention clause be used.

The clause is being included to address Maori claims on the industry backed by a sympathetic Waitangi Tribunal judgment.

Marine farmers say the Government may use the intervention clause to reclaim waterspace by not renewing tenures.

The waterspace could then be used to satisfy Maori claims.

Ironically, a large part of the aquaculture industry is already run by corporate or individual Maori interests as a result of the fishing deals of the 1980s and 1990s.

The Government could therefore find itself taking from corporate Maori - who have entered the aquaculture industry on the same platform as other farmers - to give to Maori under treaty rights.

Government officials would not comment on the bill, as it is still being drafted.

Ted Culley, chairman of the Aquaculture Council Law Reform Response Team, said he hoped to clarify several issues with the Government at this week's meeting.

"The problem is, we haven't seen the legislation, so we are boxing at shadows to some extent," he said. "It is a very complex issue and we are waiting to see what we will get told."

The Government's latest proposal appears to be a new twist on original plans to seek tenders for marine waterspace when farming tenures expired.

That proposal drew a howl of protest. Farmers said the plans would undermine their security of tenure, which is now satisfied under existing rights of renewal.

The farmers said threats to that security undermined any incentive to invest and reduced the ability to borrow.

The Government then agreed to retain the marine farmers' first right of renewal - so long as they hadn't breached rules around the tenure and the water remained suitable for farming - in the new legislation.

But it is understood the intervention clause as it is being drafted will allow the Government to refuse renewal of tenure at its discretion.

Government officials are understood to be reassuring marine farmers that it would be difficult to use the intervention clause, which would have also to be signed off by the Cabinet.

Meanwhile, the bill's progress has been hindered by the foreshore and seabed issue.

The Government had hoped to introduce the bill in August so legislation could be in place before the two-year moratorium on new marine farms expires next March.

There are now suggestions the bill will not be introduced until November, after consultation and the implementation of legislation on the foreshore and seabed issue.

If it were introduced that late, the Government would face a tight deadline to push through the legislation before the moratorium expires.

The Government has repeatedly said it is committed to lifting the moratorium on time.

The new regime

Proposals in aquaculture reform bill

* Regional councils to identify aquaculture management areas (AMAs).

* Marine farms to be located in AMAs.

* Councils to allocate waterspace in AMAs by tender, ballot or on first-come-first-served basis.

* Farmer allocated space has right to apply for permit under Resource Management Act.

* Permits expire after no more than 35 years. Holder may apply for new permit before expiry.