Department of Conservation gives Stewart Island shark cage-diving a tick - for now
Friday, 23 December 2016
The Department of Conservation (DOC) is coming under fire from both sides of the shark cage-dive debate as it reissues temporary permits for operators off Stewart Island.
Friday's announcement came as the High Court considers whether DOC has the authority to issue permits for shark cage-diving, and if so, whether it should consider public safety when issuing permits.
DOC southern South Island operations director Allan Munn said the department was not in a position to grant the new applications before the season started on December 1.
DOC sought undertakings from the operators that they would work under the status quo while the permit process was worked through, he said.
'We have now issued permits, which will run through until the end of the shark cage-diving season in August 2017, or until the High Court makes its ruling on the permitting process.'
Munn said the permits' terms and conditions would remain the same, with the added condition that from mid-February 2017, operators will also be required to install video cameras on their vessels.
The footage must be made available to DOC on request.
'This will give us a good opportunity to further scrutinise how the activity is carried out and see whether any changes are needed to the code of practice,' Munn said.
'The process for issuing the permits has been complex and further complicated by the legal proceedings before the High Court.
'We have always tried to balance everyone's interests and our responsibility is ultimately to ensure the sharks are not harmed by this activity.'
But there appeared to be confusion from operators over the permits.
Shark Experience's Mike Haines said he had received a new permit 'a couple of weeks ago', while Shark Dive New Zealand's Peter Scott slammed DOC, labelling them the 'department of confusion'.
He said he had received about three different permits since the season began.
A department spokeswoman said the permits announced on Friday were separate to the 'permit' Haines said he had received.
Since the season opened, DOC had agreed to allow the operators to continue working subject to their previous terms and conditions.
That was partly because of the High Court proceedings.
The permit Haines referred to was probably in relation to that agreement, she said.
'We've had a couple of legal steps we've had to go through. What we've done today is the last permitting step.'
The spokeswoman acknowledged the process was 'complicated' and 'complex', but that the steps that had been taken meant that at no time were the operators working illegally.
She said two permits were issued, and the way the cameras would be introduced to vessels was to be discussed between DOC and the operators, which was why the rule would not be enforced until February.
Meanwhile PauaMAC5 chair Storm Stabley said DOC's decision was 'a pretty rubbish Christmas present for Stewart Islanders.'
'The re-issue of shark caging permits is simply a case of departmental arse covering,' he said.
'The cage operators have been thumbing their noses at DOC and the Stewart Island community by chumming and baiting the sharks without any permit for weeks now anyway.
'DOC issuing permits today is simply legitimising illegal activity. While video surveillance as a permit condition is welcome, we have no confidence that DOC will enforce this or any other conditions.
'After all, repeated breaches, some recorded on video, have failed to get to get any sanction from DOC, ever.'
In response to Stanley, the DOC spokeswoman reiterated Munn's comments, that DOC had tried to balance everyone's interests.
'We're in between a rock and a hard place,' she said.
With the operators on 'one hand' and PauaMAC5 on the other, DOC was hoping the High Court would provide clarity on the issue, she said.