KEY POINTS:
Recreational fishers have lodged an application with the Supreme Court for leave to appeal a recent Court of Appeal decision on the kahawai fishery.
This action comes after Fisheries Minister Jim Anderton decided last week to put off a significant review of kahawai recreational bag limits and the divvy-up of allocations between anglers and commercial fishers until after the election.
Mr Anderton was last month ordered by appeal court judges to take account of court declarations in a complex legal row when next setting the allowable catches for kahawai.
Effectively, he must take into account the social, economic, and cultural well-being of recreational and Maori anglers as a starting position before there is any allocation to the fishing industry.
But Mr Anderton said today that will have to wait until next year.
"There is simply not enough time left to carry out these reviews, adequately consult, and make fresh decisions in time for the start of the new fishing year on October 1," Mr Anderton said.
"There is new information to gather and consider and there must be an opportunity for fishers and the general public to have their say," he said.
"This is not a process I am prepared to rush".
The next general election is expected to take place by November.
Mr Anderton said management of the kahawai fishery had been controversial.
"There is competition between commercial, customary and recreational fishers for their share of the catch and this has led to conflict and court action".
Kahawai was brought into the quota management system in 2004 and initial allocations were made between the three sectors by Fisheries Minister David Benson-Pope. In 2005 catch limits were reduced because of continuing sustainability concerns.
In 2006 recreational fishers sought a judicial review of the minister's decisions, and then both commercial and recreational fishers appealed aspects of the High Court's judgment to the Court of Appeal, which ruled on June 11.
The Crown was told that catch limits and allowances for all kahawai stocks must be reviewed at the next opportunity in light of the decisions of the High Court and Court of Appeal.
"The Government will accept the court's judgment on the kahawai fishery," Mr Anderton said.
"That still stands. We will not appeal or challenge any rulings and we will implement them as quickly as we can."
The catch limits and allowances from earlier years for kahawai - 6848 tonnes - have been rolled over to the 2008-2009 fishing year.
The Government has allowed 3985 tonnes to cover the combined recreational and customary catch, and 135 tonnes to cover "other mortality" such as accidental wastage during fishing. Commercial fishers have been allocated 2728 tonnes.
There is not yet a minimum legal size limit for kahawai taken by recreational anglers, who can take up to 20 kahawai a day, except in the southern fishery, where the daily limit is 15.
The latest court challenge is supported by the Big Game Fishing Council, New Zealand Recreational Fishing Council, the lobby group option4, and the Ngapuhi iwi.
The group said it remained convinced the High Court was correct when it confirmed the Fisheries Act provided for the utilisation of fisheries while ensuring sustainability.
"Utilisation encompasses conserving, enhancing and developing fisheries to enable people to provide for their social, economic and cultural wellbeing."
- NZPA
