KEY POINTS:
The right of everyone to catch a fish is at the heart of a landmark High Court case where recreational fishers and Maori have joined forces to challenge the fishing industry.
After years of factional infighting, the Big Game Fishing Council, lobbyists Option4 and the Recreational Fishing Council
have joined forces with Ngapuhi to launch a $350,000 case over kahawai, controversially introduced into the 1986 quota management system two years ago.
Heavyweight commercial fishing companies, including Sanford, Sealord and Pelagic and Tuna New Zealand, have launched a counterclaim because the case could set legal precedents that threaten their access to more highly-prized stocks such as snapper and tarakihi.
Ngapuhi kaumatua Hone Sadler said the case was "wonderfully ironic" given that Sealord, the country's largest fishing company, was half owned by Aotearoa Fisheries which manages Maori fishing assets from Treaty settlements.
"Most of the time we are recreational fishers and this is about putting food on the table for our children," he said.
Some highly contentious issues are expected to be raised during the four-day hearing including licensing of amateur fishers and whether industry will demand compensation if they believe their take has been cut to benefit the recreational sector.
Recreational fishers are also arguing kahawai have drastically declined in the Hauraki Gulf where they are allocated over half the fishery.
"The degradation of the [Hauraki Gulf] fishery is such that the allocation decisions do not enable recreational fishers to actually catch a fish," their statement of claim says.
Counsel for the recreational lobby, Alan Galbraith, QC, told the court the 1996 Fisheries Act provided for cultural, social and economic wellbeing by protecting people's right to catch fish.
Amateur fishers argue that too often that is ignored when allocations are decided between recreational, commercial and customary fishers.
"If it takes three to eight boat trips to catch one kahawai, it's pretty clear that's not a very good quality fishing experience," said Mr Galbraith.
Most of the smoked kahawai sold in supermarkets was from small commercial set netters while the "indiscriminate" amount taken by fishing companies was a cheap export that ended up as bait or fish meal, he said.
Fishing industry lawyer Bruce Scott called the case "very significant".
Commercial fishers saw no reason recreational fishermen should not be more highly regulated.
"It's up to the Crown as to how they are going to do that and one way would be to license people," he said.
The industry argues allocation of kahawai quota in 2004 and 2005 favoured recreational fishermen because bag limits were not reduced when commercial fishers had to reduce their take.
It also argues that little research is done on how much fish recreational fishers are catching.
The people's fish
* Kahawai are found in coastal seas, harbours and estuaries and will enter the saltwater sections of rivers.
* The strong fighting fish grow up to 80cm.
* Commercial catch of kahawai peaked around 1988 at 9610 tonnes.
* A 1996 assessment of the stock estimated it was half its original size but allocation should be 7600 tonnes.
* In 2004, under the quota system for the first time, kahawai were divided between recreational fishers (3415 tonnes) and industry (3035 tonnes).
The big catch
* Fisheries earned $1.26 billion in exports last year.
* There are 130 commercial species, 94 have a quota set.
* Ministry of Fisheries spends $25 million a year on research.
