Justice Potter Expresses Concerns over EU Fishery deal

Justice Potter Expresses Concerns over Sustainable EU Fishery Deal

The Aronga Mana of Te Au O Tonga and Te Ipukarea Society are disappointed that the High Court has declined to set aside the Government’s decisions to enter the Purse Seine Fishery Plan and Regulations and the Partnership Agreement with the European Union. They are pleased however that the Court has identified substantial concerns about how the fishing limits under the Fishery Plan and Partnership Agreement were set and the Government’s failure to carry out proper consultation and reviews.

In her decision Justice Potter said she had reservations about the caution the Secretary of Marine Resources Ben Ponia claimed he had taken in his approach to setting effort limits. There was an apparent absence of scientific information available to the respondents as to the effect of allowing 1,250 days of purse seine fishing. The judge agreed it was unclear how the annual 4 month ban on the use of fish aggregating devices (FADs) could be effective. She was concerned about the ‘soft’ catch limits in the Partnership Agreement, which appeared to allow for potentially unlimited exploitation of the Cook Islands fishery.

The judge also recorded her concern that there had only been a minimal level of consultation before the Fishery Plan and Regulations were made. She found there had been no specific consultation with the Aronga Mana. The judge held that the Fishery Plan required consultation with key stakeholders every year. The Secretary was also required to conduct a biennial review. She said there was no evidence Mr Ponia had carried out these consultations and reviews, despite the Fishery Plan coming into force in February 2013. She found that ongoing review of the Fishery Plan was also required as part of the international law obligation to assess environmental impacts, but the Government appeared not to have adhered to that requirement. The judge said the consultations and reviews were important and must be observed and implemented. She noted the Government might see merit in wider consultation given the sensitivity of the purse seine fishing issue. She was not inclined to make any award of costs because the proceedings had a significant and genuine public interest component.

None of the concerns and shortcomings identified by Justice Potter was referred to in the press release issued by the Government following the judgment (see Cook Islands News 19th December 2017). “While we are disappointed about the outcome of the court case, we are heartened that Justice Potter shared and highlighted concerns we continue to have over the way that this deal has gone ahead”, stated Ian Karika, President of Te Ipukarea Society and member of the Aronga Mana of Te Au O Tonga.

The Aronga Mana of Te Au O Tonga and Te Ipukarea Society are still considering the judgment. They will make an announcement about any appeal in due course.

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