Commercial fishers landing exception for legal-size Bluff oysters

Update – 30 April 2025

The Minister for Oceans and Fisheries has agreed to provide for a landing exception for legal-sized Bluff oysters. The exception allows commercial fishers to return legal-sized Bluff oysters to the sea, when taken by dredge.

The exception comes into effect on 1 May 2025.

The exception for legal-size Bluff oyster will be published in the Fisheries (Landing and Discard Exceptions) Notice as follows:

Dredge oysters taken from OYU5 may be returned or abandoned

This clause applies to a dredge oyster of legal size taken by dredge from quota management area OYU5.
A commercial fisher may return a dredge oyster of legal size to the waters from which it was taken if the return occurs as soon as practicable after it was taken.

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Background to landing exceptions

Under the Fisheries Act 1996, commercial fishers are prohibited from returning or abandoning to the sea or other waters, any fish or shellfish that are subject to the Quota Management System (QMS). However, the Act allows for exceptions to the rule.

See section 72A(2) of the Fisheries Act 1996 – NZ Legislation

Consultation background

Fisheries New Zealand was assessing whether a commercial landing exception should be provided for dredge oysters taken from Foveaux Strait (OYU5, Bluff oysters) that are above the minimum legal size. This would allow commercial fishers to return legal-size Bluff oysters to the sea based on an acceptable likelihood of survival.

Based on physiological characteristics, such as their ability to survive prolonged air exposure, best available information indicates that, when handled appropriately, post-release survival of commercially caught dredge oysters is high. This is supported by international research.

All other dredge oyster stocks have a commercial landing exception allowing commercial fishers to return legal-size dredge oysters to the sea.

For these reasons, Fisheries New Zealand proposed an exception to allow commercial fishers to return Bluff oysters that are above the minimum legal size to the sea.

Consultation was open from 15 January to 12 February 2025.

Consultation document

Commercial landing exception: Foveaux Strait (Bluff) oysters [PDF, 480 KB]

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Commercial fishers landing exception for legal-size Bluff oysters

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