Update: 24 September 2026
The Minister for Oceans and Fisheries has amended one of the rules that permits commercial fishers to return pelagic sharks to the sea.
The amended exception will come into effect on 1 October 2026.
Details of the exception
The exception for pelagic sharks will be published in the Fisheries (Landing and Discard Exceptions) Notice as follows:
- This clause applies to the following species of pelagic shark taken from New Zealand fisheries waters:
- blue shark
- mako shark
- porbeagle shark.
- A commercial fisher may return a pelagic shark to the waters from which it was taken, whether alive or dead.
Fisheries Notices for recreational and commercial fishers
Note that once in effect, all returns under this exception must be reported on a fishers' disposal report and monthly harvest return using code "BD".
For further information on reporting, see Fisheries (E-logbook Users Instructions and Codes) Circular 2026 [PDF, 3.7 MB]
About commercial fishing 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.
Section 72A(2) of the Fisheries Act 1996 – NZ Legislation
Why we consulted
Fisheries New Zealand reviewed the current commercial landing exception for blue shark, mako shark and porbeagle shark (collectively referred to as 'pelagic sharks'), which allows commercial fishers to return near-dead or dead pelagic sharks to the sea.
Pelagic sharks ammoniate (show signs of spoiling) rapidly after death. Quick processing is needed to prevent cross contamination of other catch on board fishing vessels. Pelagic sharks are frequently bycaught, especially by relatively small surface longline vessels. Due to the size and strength of the species it is impractical for fishers to separate and manage catches of pelagic sharks before they damage other catch.
Fisheries New Zealand proposed to continue providing for a landing exception so that commercial fishers could return pelagic sharks to the sea, whether alive or dead. Pelagic sharks returned under this exception would be required to be balanced with catching rights (annual catch entitlement) or incur deemed values.
Consultation opened on 29 January and we accepted submissions until 5pm on 27 February 2026.
Consultation document
Commercial Landing Exception: Pelagic sharks [PDF, 442 KB]
Related documents
Commercial Landing Exceptions: Policy context and legal overview [PDF, 387 KB]
Commercial Landing Exception Review: Operational guidelines [PDF, 390 KB]