Further measures to reduce fisheries bycatch of hoiho (yellow-eyed penguin)

Fisheries New Zealand will prepare advice for the Minister for Oceans and Fisheries. This will include the best available scientific information, input from iwi, and submissions made by the public as part of the consultation. 

We are expecting this to be provided to the Minister in the first quarter of 2026, and he will then decide on what measures to put in place.

The options are based on a multi-threat spatial risk assessment commissioned by Fisheries New Zealand. Fisheries New Zealand also commissioned a rapid update of the risk assessment to better inform the proposed options, which included data for the latest fishing year that ended on 30 September 2025.

You can read the risk assessment on our website.

Spatial risk assessment of threats to yellow-eyed penguin/hoiho (Megadyptes antipodes)

Hoiho are classified as Threatened-Nationally Endangered. The northern population has experienced a significant decline since 2008, due to a range of threats including malnutrition, predation, fisheries bycatch, and disease. At last count, there were only approximately 143 breeding pairs remaining on the South Island/Te Waipounamu and Rakiura/Stewart Island (referred to as the northern population).

The largest population of hoiho is in the Sub Antarctic Islands where there are believed to be around 1,000 breeding pairs referred to as the southern population.

The risk assessment estimated that bycatch in commercial set-net fisheries is the third largest source of mortality for adult hoiho, after malnutrition and predation, with bycatch risk being particularly high around the Otago Peninsula.

The risk assessment also projects that the northern hoiho population could be reduced to approximately 160 birds by 2045 unless all sources of adult and juvenile mortality are reduced by 50%.

The decline in hoiho breeding pairs in the northern population has primarily been caused by malnutrition, predation, fisheries bycatch, and disease. Intensive work to reduce non-fisheries related mortality, coupled with the overall population decline, means that the current level of fisheries bycatch is now impacting the ability of the northern hoiho population to recover.

The proposal to prohibit set-net fishing between 4 and approximately 8 nautical miles around the Otago Peninsula (Option 1a) is projected to reduce fishing-related mortality by 75%, as this area poses the highest risk of fisheries bycatch for hoiho.

A target of a 75% reduction in fishing-related mortality (relative to the estimated annual bycatch of hoiho in the period from 2006 to 2023) was set at a workshop in April 2025 that included representatives from Fisheries New Zealand, Seafood New Zealand, Ngāi Tahu, the Department of Conservation, and the Yellow-eyed Penguin Trust.

The area between Karitane and Hampden (North Otago 2) has the next highest risk of hoiho bycatch and prohibiting set-netting out to 8 nautical miles in this area, as well as around the Otago Peninsula (Option 1b), would further reduce fishing-related mortality for northern hoiho.

A significant reduction in mortality across all sources (including malnutrition, predation and disease – as well as fisheries bycatch) is required to allow the northern hoiho population to recover.

A joined-up programme of work, led by the Department of Conservation (DOC) and including Fisheries New Zealand as well as environmental and community groups, has been established to support the recovery of the northern hoiho population.

A strategy to support the health of hoiho/yellow-eyed penguin – DOC

While a few options have been tested, there are currently no mitigation measures that commercial set-net fishers can use that are known to be effective to reduce hoiho bycatch.

Fisheries New Zealand and the Department of Conservation have planned work to determine if green LED lights can be used to reduce accidental captures of hoiho. However, results from this research are not expected until 2027.

Most vessels using set-net fishing around the Otago Peninsula would be impacted by Option 1a, and those that use set-nets in North Otago 2 would be impacted by Option 1b. Over the last 5 full fishing years (2019-20 to 2023-24), 11 commercial fishing vessels have reported set-net catch from the proposed Otago Peninsula and North Otago 2 set-net prohibition areas. Some of these vessels have taken on small amounts or only occasionally used set-nets.

These vessels use a variety of fishing methods in addition to set-netting, including different types of potting and bottom trawling.

The main Licenced Fish Receiver (processor) in the Otago region has estimated that the set-net fishery generates about $2 million per year and supports quota owners, processors, retailers, local hospitality establishments, and households.

A FRML, and the escalating response framework it underpins, enables the Minister for Oceans and Fisheries to act quickly in response to any bycatch of hoiho.

The escalating response framework supports a fisheries management response to every hoiho bycatch event with the objective of reducing the likelihood of any further capture. This can include spatial closures or fishing method restrictions to ensure that the FRML is not exceeded.

Set-net prohibitions across the entire hoiho foraging range, or setting a FRML of zero, would be likely to result in the closure of most commercial set-net fisheries across Otago, Canterbury, and Southland with highly significant economic impacts.

In our view, the set-net prohibitions, in combination with the escalating response framework and FRML proposed in Option 2, will significantly reduce hoiho mortality across the northern population. Further set-net restrictions, including spatial closures, would be considered as part of the escalating response framework should cumulative hoiho mortality occur during a fishing year.

However, we invite feedback on additional, specific areas that may be considered high risk, along with the rationale for this assessment and how it meets the requirements of the Fisheries Act 1996.

Fisheries New Zealand has begun a targeted consultation with the fishing industry, iwi, and environmental groups about extending the current emergency closure. Fisheries New Zealand will provide advice to the Minister to enable him to decide whether there should be an extension to the current emergency closure prior to its expiry on 16 December 2025.