Jeez, that was a big one!

The recent Kahawai legal challenge made in favour of the recreational fisherman is being appealed by the commercial fishing industry.

"An inalienable right that goes back to the Magna Carta, the ongoing priority of the peoples common law right to fish and feed themselves", is a pretty strong statement in favour of the recreational fisher.

The challenge was taken when our esteemed mate DBP, the then Minister of Fisheries, allocated 25% less kahawai catch to both the commercial and recreational take, on the advice of the Ministry of Fisheries who were obviously heavily swayed by commercial interests.

Now that decision was found to be unlawful, as he "had made an error in law for not properly allowing for recreational fishing interests and their well being". Apparently in the original 20 year old law, the original commercial allocation did not take notice of the mandatory requirement as below;

The findings against the Minister of Fisheries included the fact that a total allowable commercial catch for kawahai had been set without having proper regard to the social, economic and cultural wellbeing of the people

So the original commercial catch level was too high and DBP illegally reduced it further.

Also the judge pointed out to the commercial fishers at the time of the ruling as below;

“For years the fishing industry has maintained that the economic benefit generated and their commercial fishing property right (quota) is more important than the interests of the people of New Zealand,” continued Richard Baker,” but at last with the findings of Justice Harrison the people’s wellbeing is the ‘starting point’ and priority when setting allowances.”

Recreational fishers were predictably ecstatic with that ruling, stressing that the recreational take was the starting point and commercial take would be above that to the sustainable limit.

Now the commercial interests want to appeal that starting point - this will be really interesting, especially because the recreational take must be defined before setting any commercial take.

I might just have to forgo my weekly purchased fresh dollop of omega-3, boycott the commercials and get down to wharf to catch a kahawai. Maybe I could start a bloggers against the big three commercials!

Take a kid fishing!