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Commercial fishers landing exception for spiny dogfish

Update: 24 September 2026

The Minister for Oceans and Fisheries has amended the rule that permits commercial fishers to return spiny dogfish to the sea. 

The exception will come into effect on 1 October 2026.

Details of the exception

The exception for spiny dogfish will be published in the Fisheries (Landing and Discard Exceptions) Notice as follows:

  1. This clause applies to a spiny dogfish taken from New Zealand fisheries waters.
  2. A commercial fisher may return a spiny dogfish to the waters from which it was taken, whether alive or dead.
  3. If the spiny dogfish being returned to the sea is retrieved alive, a commercial fisher must take practicable steps to not harm, injure or kill it.

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, section 72A(2) of 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 spiny dogfish, which allows commercial fishers to return spiny dogfish to the sea, whether alive or dead. 

Spiny dogfish ammoniate (show signs of spoiling) rapidly. Quick processing is needed to prevent cross-contamination of other catch on board fishing vessels. The species also has 2 dorsal spines that can damage other catch and cause injuries to the crew if not handled carefully. Due to the schooling behaviour of spiny dogfish, large quantities of the species can be inadvertently caught (known as bycatch) in a single event, making it impractical for fishers to separate and manage catches of spiny dogfish before they damage other catch.

Fisheries New Zealand was proposing to continue to allow a landing exception so that commercial fishers can return spiny dogfish to the sea, whether alive or dead. 

The consultation closed on 18 December 2025.

Consultation document

Commercial landing exception: spiny dogfish [PDF, 428 KB]

Related documents

Commercial landing exceptions: Policy context and legal overview [PDF, 387 KB]  

Commercial landing exception review: Operational guidelines [PDF, 390 KB]

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