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Commercial fishers landing exception for legal-size pāua

Update – 30 April 2025

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

The exception comes into effect on 1 May 2025.

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

Pāua may be returned or abandoned

  1. This clause applies to a pāua of legal size taken by diving from New Zealand fisheries waters.
  2. A commercial fisher may return a pāua of legal size to the waters from which it was taken if:
    • they first determine that the pāua is without major external injuries immediately prior to its return
    • the pāua is returned to the substrate from which it was taken, and
    • the return occurs as soon as practicable after it was taken.

Find all fisheries notices

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 hand-gathered pāua (blackfoot and yellowfoot) that are above the minimum legal size. This would allow commercial fishers to return legal-size pāua to the sea based on an acceptable likelihood of survival.

In New Zealand, pāua are exclusively taken by the highly selective method of hand gathering. Commercial fishers use custom-made blunt tools to remove pāua from reefs. They follow industry developed voluntary handling and mitigation practices to reduce likelihood of damage to pāua. Best available information indicates that post-release survival of commercially harvested pāua is high, which is further supported by the use of voluntary best handling practices.

For these reasons, Fisheries New Zealand proposed an exception to allow commercial fishers to return hand-gathered pāua that is above the minimum legal size.

Consultation was open from 15 January to 12 February 2025. 

Consultation document

Commercial landing exception: Pāua [PDF, 499 KB]

Related documents

Commercial landing exception reviews: Operational guidelines [PDF, 386 KB]

Commercial landing exceptions: Policy context and legal overview [PDF, 358 KB]

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