Court orders minister to reconsider 'unlawful decision' on number of crayfish being caught

Wednesday, 30 November 2022

Māui dolphin and the New Zealand sea lion are on a countdown to extinction – so why do politicians drag their feet?

A court has found the Government allowed too much crayfish to be caught in Northland waters, ruling that catch limits set in the last two years were unlawful.

Marine conservationists say the decision is significant because it requires officials to place more weight on the health of underwater ecosystems when making decisions about managing fish stocks.

The Environmental Law Initiative and Te Uri O Hikihiki hapū asked the High Court for a judicial review of the total allowable catch (TAC) set by Oceans and Fisheries Minister David Parker in 2021/22 and 2022/23.

The TAC is the maximum amount of a particular fish species that can be taken by commercial, customary or recreational fishers during a certain period. The applicants argued crayfish – properly known as rock lobster or kōura – are functionally extinct in the area.

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The CRA 1 fishery – which stretches from Kaipara Harbour on the west coast of the North Island around North Cape and then south to Te Arai Point – includes the rohe moana of Te Uri o Hikihiki.

The High Court said David Parker’s decisions on crayfish catch limits in Northland were unlawful.

Lawyers alleged advice on setting CRA1 limits, provide to Parker by Fisheries NZ and the National Rock Lobster Management Group, “contained statements that are inaccurate, misleading, and unsupported by peer-reviewed and published literature.”

Crayfish eat native sea urchins (kina) – which graze on kelp.

This was because it did not adequately describe the effect of overfishing of the seafood on the underwater habitat, particularly kelp forests – towering pillars of seaweed – that are a nursery for other species.

Functionally extinct means there are a few left – but the population will never recover. Experts say they face the same fate in the Hauraki Gulf.

Ingrid OâSullivan is a senior policy advisor on oceans and coasts for the Environmental Law Initiative.

Crayfish is still on the menu this Christmas – despite a court decision that the catch weight limits in the last two years were unlawful.

Crayfish eat native sea urchins (kina) – which graze on kelp. Unchecked, they strip the reef of the seaweed, creating a “kina barren” of bare rock, deprived other species of food, cover and a breeding habitat.

But the official advice contained minimal references to this food chain – and suggested the causes of kina barrens were complex or unclear, the court heard. This was “outdated science,” was not specific to CRA 1, and provided by an industry representative, the applicants argued.

ELI also provided evidence from four scientists to back up their case. All four agreed the official advice was misleading, inaccurate or incorrect.

Justice Peter Churchman accepted the information provided to the Minister was “not the best available information and was materially inaccurate” and declared both decisions unlawful. He ordered the minister reconsider the catch limits for 2022/23.

Parker is still considering whether to appeal. The Ministry for Primary Industries – of which FNZ is a business unit – refused to answer questions .

Ingrid O’Sullivan, ELI’s senior policy advisor, said although the Government and commerical fishing industry often boasted about a “world-leading fisheries system,” that is not the case.

Mark Edwards, chief executive of the New Zealand Rock Lobster Industry Council said fishers want quotas that are sustainable for lobster populations and the ecosystem, “based on the best available scientific information.”

The rock lobster quota was reduced twice in the last three years – but the effect is yet to be seen. Edwards said that based on a stock assessment completed in November, “the industry acknowledges the need to build stock levels”.

Edwards also said that recreational fishers – who catch about 32 tonnes each year or a third of what is taken by the commercial crews – need to contribute to rebuilding lobster numbers “by reducing their own substantial catch.”

The rock lobster industry took a hammering in the early months of the pandemic, with the closure of the key Chinese market and airfreight problems.

The court decision won’t have an impact on supply – meaning the seafood is still on the menu for the holidays. “Crayfish is a favourite Christmas treat for New Zealanders and we are happy to say that rock lobster will be available to buy this summer,” Edwards said.