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Mussel Farm Faces Legal Problems



Mussel Farm

Members of the Nelson fishing industry are taking legal action over what they say is a lack of consultation in the approval of up to 1000 of mussel farms in Golden and Tasman bays. Challenger Finfisheries Management Company chief executive Carol Scott said the action was being taken on behalf of the Challenger fisheries management companies, which were upset the Tasman District Council allowed two mussel companies to change their operation from six-monthly seasonal spat catching to year-round mussel farming. This week they would be lodging judicial review proceedings in the High Court against the council decision to approve 100, with consent to increase to 500ha, of mussel farms over fishing grounds in the two bays, and against the Ministry of Fisheries over its decision to approve a further 480ha in Tasman Bay. She said they were concerned about the effects of year-round mussel farming on fishing or fisheries resources, and the fact they were unable to talk to the council about the issue. “What the TDC did was that they decided they didn’t need to notify anybody, not just us but the rest of the community, and that’s the part that got us,” Ms Scott said. “If they had gone through a fair process and they had considered effects on other users then we would be able to have our case, comment on the proposal and we’d be able to see how they assess the effects.” She said the decision of the council to change the consents would set a dangerous precedent that would allow all aquaculture in the bays to change the activity at a site without consideration of the effects on fishing activity or stocks. The fishing industry believed everyone should have had the opportunity to comment on the council decisions concerning the change of use from the activity of spat catching to mussel farming. Port Nelson Fishermen’s Association vice-president Darren Guard said the decisions would hurt not only commercial fisheries, but recreational and customary users of the bays. “(We want) consultation - be told about these things before they arrive, and if people are thinking about a change of use from spat catching to permanent structures . . . that they talk to affected users - that’s recreational, commercial and customary. “Our concerns are twofold. It’s spatial - the more room they take up there is less area to fish, obviously, and our concerns are that they just failed to address the effect on fisheries resources, like how do we know these things are not polluting the areas and damaging fish stocks.” Ministry of Fisheries aquaculture manager Dan Lees said he was unaware of the pending legal action and therefore could not comment. Council environment and planning manager Dennis Bush- King also would not comment.

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