Decision on new kahawai catch limits a year away

Fisheries Minister Phil Heatley says he won't make any changes to management of the kahawai quota until next year's fishing season.

Catch limits and the allocation of catch between commercial trawlers, recreational anglers and customary fishers will be reviewed and any changes implemented on October 1, 2010, he said.

"There is simply not enough time left to properly review kahawai catch limits before the start of the next fishing year (October 1 2009)," Mr Heatley said.

The Supreme Court yesterday dismissed an appeal by recreational fishers seeking a fairer division of fish in the quota system.

The judgment ended a landmark court case started by the anglers - and supported by some Maori interests - four years after kahawai was brought into the quota management system.

Recreational groups argued for a fairer allocation of "shared fisheries", where they compete with commercial trawlers for the same species.

They said the process should take into account the social, economic, and cultural well-being of recreational and Maori anglers.

A majority of the court's five judges ruled that law covering catch allocation levels does not give recreational anglers any priority over commercial fishers.

Those judges said the allowance for recreational fishing must be reasonable, but the interests of commercial fishers affected must also be kept in mind.

A dissenting opinion by the Chief Justice, Dame Sian Elias, said the Fisheries Act does not provide for specific allocations of parts of the fish resource among the interested groups.

Dame Sian said the Fisheries Minister should deduct an estimate of the non-commercial catch and other fish mortality, from the total allowable catch and then set an appropriate total allowable commercial catch.

Mr Heatley said the judgment provided "valuable guidance" on how kahawai and other shared inshore fisheries can be managed.

"I want to work constructively on how we manage this fishery into the future," he said in a statement.

"I am committed to reviewing kahawai catch limits and allowances as soon as practicable, however given the history and importance of this fishery I want the review to be done properly and I am not prepared to act in haste."

- NZPA