| New Zealand Fisheries
Act 1996 Extract The Act's principles are contained in sections 9 and 10. Under this statute, "all persons exercising or performing functions, duties, or powers ... in relation to the utilisation of fisheries resources or ensuring sustainability" have a duty to "take into account" the following principles: 9(a): Associated or dependent species should be maintained
above a level 9(b): Biological diversity of the aquatic environment should be maintained; 9(c): Habitat of particular significance for fisheries
management should be 10(a): Decisions should be based on the best available information; 10(b): Decision makers should consider any uncertainty in the
information 10(c): Decision makers should be cautious when information is
uncertain, 10(d): The absence of, or any uncertainty in, any information
should not be used as Comment: it is noteworthy that, when this Act was drafted, more powerful and more detailed principles had been developed at the international level (for example, through the FAO code of conduct for responsible fisheries 1995). Those drafting the New Zealand legislation would have been well aware of these developments. It is also noteworthy that the Act could have obliged players "to give effect to" the listed principles, rather than merely "to take into account".
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