Implementing the Fisheries Amendment Act 2022

Update – 12 February 2025

Have your say on proposed amendments to the Fisheries Act 1996

In September 2024, the Government signalled changes to the discard rules so commercial fishers with monitoring on their vessels have more options for dealing with their catch. The Ministry for Primary Industries has begun consultation on a range of proposed amendments to the Fisheries Act 1996, including the landing and discard rules. The proposed amendments also include the removal of some exceptions for certain finfish and shark species without further review.

Consultation closes on 28 March 2025.

Find out more about the consultation and have your say

Modernising our fisheries management

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

Find out about the Amendment Act

Implementing changes to the landings and discards rules

The rules 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. The 2022 Amendment Act means that all commercial QMS returns (landing exceptions) need to meet at least one of 3 reasons to enable a return to occur.

The Minister for Oceans and Fisheries may provide a landing exception for a QMS species or stock to be returned or abandoned to the sea if they are satisfied that one of the following reasons is met:

the stock or species has an acceptable likelihood of survival when returned to the sea or other waters, or
retaining the stock or species would damage other stocks or species taken by the commercial fisher (for example, an ammoniating species), or is damaged because of unavoidable circumstances (for example, diseased or predated fish), or
the stocks or species must be returned or abandoned to the sea for a biological, fisheries management, or ecosystem purpose, and the stock or species has an acceptable likelihood of survival when returned.

This is not a ban on discards – landing requirements only apply to QMS species. Additionally, some existing exceptions to the requirement to land all QMS species will remain indefinitely, such as most existing shellfish and crustacean exceptions.

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 against the reasons above (primarily for finfish and sharks as shown in the table below). The exceptions need to be reviewed by 30 September 2026, or they will otherwise expire. However, this date is proposed to be extended to 30 September 2028.

Find out more Regulatory Systems (Primary Industries) Amendment Bill

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

Species and links to papers
Blue cod	Blue shark	Butterfish
Mako shark	Flatfish	Kingfish
Porbeagle shark	Moki	Red cod
Rig	Queen scallop	Rough skate
Scallop	School shark	Sea cucumber
Smooth skate	Snapper	Southern bluefin tuna
Spiny dogfish	Swordfish	Tarakihi
Toothfish	Trevally

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.

Exception type	Species	Link to papers
Permitted live return (surface longline and troll)	Pacific bluefin tuna	Exception review
Permitted return of predated fish caught by surface longline and troll (damaged or damaging fish)	Pacific bluefin tuna, southern bluefin tuna, yellowfin tuna, bigeye tuna and swordfish	Exception review
Permitted return of legal-size pāua	Pāua	Exception review
Permitted return of legal-size bluff oyster	Bluff oyster	Exception review
Permitted live return (potting)	QMS finfish – species TBC

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 2023, new regulations took effect to allow for the disposal of fish to certain types of disposal facilities. This was approved as an alternative method of disposal under section 191(1)(c) of the Fisheries Act 1996. As a last resort, any fish that is landed (and can't be sold through a Licensed Fish Receiver (LFR) or wharf sale) can be legally disposed of to an approved type of disposal facility.

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.

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.

Find out more about disposing landed fish to disposal facilities and how to apply for approval

New infringements for low-level discard and retention offences

Regulations took effect in 2023 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 and may be infringed for acts by persons 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.