Appendix 9: Compliance and Enforcement

Management measures

The overall package of management measures proposed in this Strategy is very diverse due to the many different management needs of the Fiordland marine environment. Further complexity is added through the number of different statutes and management agencies involved, including the Ministry of Fisheries (Fisheries Act 1996), Department of Conservation (Marine Reserves Act 1971) and Environment Southland (Resource Management Act 1991).

When the Strategy is implemented, compliance with any rules will be the responsibility of the agency that administers the relevant statute. The Guardians support the 'carrot and stick' approach to compliance (encouragement to comply with the rules voluntarily combined with effective deterrent against illegal activities) that currently underpins the Ministry of Fisheries, Department of Conservation and Environment Southland compliance activities in Fiordland. However, the Guardians suggest a better way of covering the extensive Fiordland coastline is for management agencies to work together and with the community in and out of the water.

The Guardians' advocate and support the design of an integrated compliance approach by the Ministry of Fisheries, the Department of Conservation and Environment Southland in Fiordland to make effective use of their limited compliance resources. In this way the agencies would develop a shared approach to information, education [Examples of new educational material that will be needed after the Strategy is implemented are in Appendix 6: Risks to the Marine Environment.] and surveillance, although the prosecution of offences would still be taken by each agency according to their own statutory provisions.

The Guardians are willing to play a critical compliance support role, by:

informing and educating fishers and other users about new management measures
being the eyes and ears on the water
supporting enforcement action.

Management agencies should therefore be encouraged to work with the Fiordland Marine Guardians when developing an integrated compliance approach.

Options for implementation

The Ministry of Fisheries, Department of Conservation and Environment Southland will establish a planning team to work out how to develop an integrated compliance approach for Fiordland. This will include:

evaluating current resources (from the Ministry of Fisheries, Department of Conservation and Environment Southland) for compliance and enforcement in Fiordland. This would include the information currently available to the community, visitors and users about the special nature of Fiordland and the management measures and compliance expectations needed to maintain this
whether the new management measures will require a different approach to compliance and enforcement in Fiordland
ways in which information, education and surveillance can be shared
how to make use of local community expertise.

Conclusion

The management measures around compliance and enforcement are:

develop an integrated compliance approach for Fiordland to make effective use of limited compliance resources
management agencies should work with the Fiordland Marine Guardians when developing this integrated compliance approach.

To implement these management measures the Ministry of Fisheries, Department of Conservation and Environment Southland will establish a planning team to develop an integrated compliance approach for Fiordland. This will include:

evaluating the resources available (from the Ministry of Fisheries, Department of Conservation and Environment Southland) for compliance and enforcement in Fiordland, and the information currently available to the community, visitors and users about management measures and compliance expectations
whether the new management measures will require a different approach to compliance and enforcement in Fiordland
ways in which information, education and surveillance can be shared
how to make use of local community expertise.

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