one of the most controversial 
elements of the recent Fisheries 
Amendment Bill. LegaSea and our 
partners remain determined to keep 
this sleeping giant at bay because 
if implemented, proportionality will 
change the way we fish forever.
Currently, the Minister must 
first decide the total amount of 
a fish species that can be caught 
in an area each year. This is the 
Total Allowable Catch (TAC). From 
that total, the TAC is divided up 
between different interests, starting 
with an allowance for what non-
commercial fishers are likely to 
catch; this covers Māori customary 
and recreational interests, and an 
estimate of fish that die because 
of fishing. These allowances enable 
people to provide for their social, 
economic and cultural wellbeing 
through gathering kaimoana.
Once these allowances are set 
aside, any fish remaining can be 
allocated to commercial fishers as 
the Total Allowable Commercial 
Catch (TACC). If nothing is left, 
the TACC can be set at zero.
Proportionality would flip this 
system on its head. Instead of a 
flexible allowance, we would be 
given a fixed allocation - a set 
amount of fish, a set share of the 
TAC. If a commercial fisher exceeds 
their allocation, they either must 
source more catching rights or pay 
a penalty fine. It’s not clear what 
penalties could be imposed on 
recreational fishers if our collective 
allocation is exceeded. It may mean 
more cuts to daily bag limits or 
restricting fishing seasons or areas.
Under proportionality, the 
Minister’s statutory obligation to 
determine a reasonable allowance 
that will provide for our well beings 
would be gone. With our minimal 
collective resources, we would be 
reduced to arguing for the leftovers 
in a broken Quota Management 
System. Yet, earlier Court rulings 
have made it clear that proportional 
allocation is not mandatory.
LegaSea views fish as a natural, 
public resource for Kiwis to catch 
to help feed their families and 
this should remain that way.
Photo – Karena Kaihe-Woolston
 /FISHINGINGODZONE  41

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