Implementing the Fisheries Amendment Act 2022

Modernising our fisheries management

The Fisheries Amendment Act 2022 (the Act) aims to encourage better fishing practices, and modernise and strengthen New Zealand's fisheries management system.

On this page, are more details about each of the key initiatives being put into effect as a result of the Act. Included are summaries, timeframes, and details of any opportunities to get involved and help shape our thinking.

All of these activities are part of a wider programme of fisheries reforms that are designed to modernise fisheries management and encourage more selective and sustainable fishing practice.

Find out more about the Act

Changes to the landings and discards rules

The regulations that enable or require the return of QMS (Quota Management System) species to the sea are commonly referred to as the landing and discard rules. Under the Act, all commercial QMS returns need to be assessed against 3 exception provisions (and meet at least one of the provisions to enable a return to occur).

Under the 3 exception provisions, the Minister for Oceans and Fisheries must be satisfied that:

1. the stock or species has an acceptable likelihood of survival if returned, or
2. keeping the stock or species will either damage the rest of the catch (for example, ammoniating species) or the stock or species is damaged due to unavoidable circumstances, or
3. the stock or species must be returned for biological, ecosystem, or fisheries management reasons – and has an acceptable likelihood of survival if returned.

Note that the landing requirement solely applies to QMS species – this is not a total ban on discards. Additionally, some existing exceptions to the requirement to land all QMS species will remain indefinitely, such as most existing shellfish and crustacean exceptions.

The new landing and discard rules will come into effect over a 4-year period and are designed around 3 core principles.

1. Fish caught must be reported as specified in the e-logbook circular.
2. All QMS species caught must be landed unless a specific exception has been provided.
3. QMS stocks or species that may be returned to the sea that are dead or unlikely to survive must be accounted for (using either ACE, deemed values, or other allowances).

Review of existing QMS commercial landing exceptions

The first step in the implementation of the new landing and discard rules is a review of some existing landing exceptions (primarily for finfish and sharks).

There is some additional thinking going into the timing for these reviews, however, the exceptions need to be reviewed by 30 September 2026, or they will otherwise expire. If you have any questions email us at fisherieschangeprogramme@mpi.govt.nz

Table: Species for exception review 2023-2026 and link to relevant exception review papers

New exception requests will be considered on a case-by-case basis. Such requests will be prioritised for review based on alignment of the request with one of the new exception provisions, availability of information to support an assessment, and the need for action. As new exception requests are prioritised for review, they will be listed in the table below. 

We want your feedback when we do the reviews

Fisheries New Zealand will be seeking feedback from tangata whenua, industry, fishers, and others for each exception review. As details are confirmed, we’ll provide more information about how you can get involved and contribute to the conversation.

We are particularly interested in feedback and information about the survivability of these species under different conditions, handling practices and environments, as well as better understanding how certain species can damage the catch if retained.

New regulations authorising commercial fishers to use of alternative methods to dispose of landed fish

In 2022, changes were made to the Fisheries Act 1996 to support the rollout of on-board cameras and tighten the rules for retention and at-sea discards of QMS fish. These changes are designed to encourage commercial fishers to use more selective fishing techniques and make greater use of the fish they do catch.

In the short term, we expect to see fishers sometimes return to shore with more catch. Sale or disposal through Licensed Fish Receivers (LFRs) and wharf sales are expected to remain the main ways for commercial fishers to dispose of landed fish. We expect LFRs and fishers to work together to get the most value from landed catch. However, we recognise that commercial fishers need alternative methods as a last resort to dispose of fish that they can't sell or dispose of through an LFR, or directly sell at the wharf.

In accordance with Part 5A of the Fisheries (Commercial Fishing) Regulations 2001, disposal of fish to certain types of disposal facilities has been approved as a new alternative method of disposal under section 191(1)(c) of the Act. This means that any fish that is landed and can't be sold through an LFR or wharf sale can be legally disposed of to an approved type of disposal facility, as a last resort.

Fisheries (Alternative Methods of Disposal) Circular 2023 [PDF, 161 KB]

Commercial fishers must apply to MPI to use the alternative disposal method. To be eligible for approval, fishers must hold a fishing permit and not operate as an LFR (see section 81C of the Regulations). Approvals are issued for a 2-year period, with no further approval being required during that time.

Apply for approval to dispose of landed fish to disposal facilities

After an application has been approved, applicants will be provided with guidance about what they need to do next.

Fishers who apply for and use this method will have additional reporting and recordkeeping obligations, in addition to existing obligations.

Disposing of landed fish to disposal facilities

In addition to existing reporting obligations, commercial fishers will need to include in their landing report the greenweight of the fish and fish product that is put into a disposal facility using new landing codes, and record that information in the landing report no later than 15 days after disposal is complete.

Changes have been made to the Fisheries (E-Logbook Users Instructions and Codes) Circular 2023 to provide 2 new landing codes (QWM and WM) along with other reporting requirements for disposal via disposal facilities.

Fisheries (E-Logbook Users Instructions and Codes) Circular 2023 [PDF, 1.5 MB]

In addition to existing recordkeeping obligations, commercial fishers will need to keep a record, for fishery officer inspection purposes, of all fish and fish product put into a disposal facility including:

• the fact that a disposal facility was used
• the date the fish were disposed of
• the name and address of the facility used
• any receipts received from the facility
• the greenweight of the fish disposed of. 

Find out more: frequently asked questions about landed fish [PDF, 228 KB]

Fisheries (Commercial Fishing) Amendment Regulations (No 2) 2023 – NZ Legislation

New infringements for low-level discard and retention offences

New regulations are now in force that allow for more proportionate penalties for low-level illegal discard and retention offences. The new regime ensures that those who offend are penalised proportionately, and enforcement measures are applied more effectively.

Infringements now apply to the unlawful retention, return, or abandonment of 50 or fewer fish or aquatic life that are subject to the QMS (see section 72 of the Act).

A maximum of one flat infringement fee of $400 in any 24-hour period, per offence applies. The permit holder is liable for paying these fees, meaning a permit holder may be infringed for the act or omissions of those fishing under their permit as well. There are elevated consequences in some situations where 2 or more orders to pay fines and costs by a court for these infringement offences are issued to the same person in a 3-year period.

The infringement offences are strict liability offences, in line with all infringement offences under the Act. This recognises the responsibility of commercial fishers to comply with the rules.

Find out more about the changes: frequently asked questions (FAQs) [PDF, 228 KB]

Letter to fishers from MPI on the new regulations [PDF, 146 KB]

Fisheries (Commercial Fishing) Amendment Regulations (No 2) 2023 – NZ Legislation

Who to contact

Email us any time at fisherieschangeprogramme@mpi.govt.nz