Resolving Administrative Errors for Commercial Fishers
13. Commercial fishers are required to balance their catch with their Annual Catch Entitlement (ACE). Since the introduction of the Quota Management System (QMS) in 2001 a number of ACE transfers due to take place in the last few days of the fishing year had, for various administrative reasons, failed to take place. To date this has resulted in 10 fishers receiving invoices that were unfair. The total debt that the 10 fishers have inadvertently incurred is $584,728.50, although one client is responsible for over half that amount.
14. However as there is no authority within Fisheries Act 1996 to re-open the register after the end of the fishing year and allow additional ACE transfers to occur there is no way to revoke the invoices. Fishers are required to pay the invoice otherwise their fishing permit will be suspended. In order to maintain their businesses, most fishers have had to pay the debt to avoid having their permit suspended.
15. To date this administrative problem has been resolved via a time-consuming process involving the Minister of Finance and Fisheries jointly approving forgiveness of debt after the Ministry of Fisheries (Mfish) had assessed the request against a set of criteria. Subsequent advice has indicated that, in the absence of a legislative amendment, such cases also require the approval of Cabinet and that an appropriation is necessary.
16. To resolve this administrative error in more appropriate and timely manner it is proposed to amend the Fisheries Act to allow the CEO of Mfish to consider requests by commercial fishers for catch balancing relief. Such an amendment will aid the administration of the QMS and mitigate burdens on firms arising out of legislation.
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