Implementing the Fisheries Amendment Act 2022

Modernising our fisheries management

The Fisheries Amendment Act 2022 (the Act) aims to encourage better fishing practices, and modernise and strengthen New Zealand's fisheries management system.

On this page, are more details about each of the key initiatives being put into effect as a result of the Act. Included are summaries, timeframes, and details of any opportunities to get involved and help shape our thinking.

All of these activities are part of a wider programme of fisheries reforms that are designed to modernise fisheries management and encourage more selective and sustainable fishing practice.

Find out more about the Act

Changes to the landings and discards rules

The regulations that enable or require the return of QMS (Quota Management System) species to the sea are commonly referred to as the landing and discard rules.  Under the Act, all commercial QMS returns need to be assessed against 3 new criteria (and meet at least one of the criteria to enable a return to occur).

Under the 3 criteria, the Minister for Oceans and Fisheries must be satisfied that:

1. the stock or species has an acceptable likelihood of survival if returned, or
2. keeping the stock or species will either damage the rest of the catch (for example, ammoniating species) or the stock or species is damaged due to unavoidable circumstances, or
3. the stock or species must be returned for biological, ecosystem, or fisheries management reasons – and has an acceptable likelihood of survival if returned.

Note that the landing requirement solely applies to QMS species – this is not a total ban on discards. Additionally, some existing exceptions to the requirement to land all QMS species will remain indefinitely, such as most existing shellfish and crustacean exceptions. 

The new landing and discard rules will come into effect over a 4-year period and are designed around 3 core principles.

1. Fish caught must be reported as specified in the e-logbook circular.
2. All QMS species caught must be landed unless a specific exception has been provided.
3. QMS stocks or species that may be returned to the sea that are dead or unlikely to survive must be accounted for (using either ACE, deemed values, or other allowances).

QMS exception reviews

The first step in the implementation of the new landing and discard rules is a review of some existing exceptions (primarily for finfish and sharks), beginning with red cod.

Table: Summary of the proposed species for exception review 2023-2026

We want your feedback when we do the reviews

More information on how to take part with these review processes will follow soon.

Fisheries New Zealand will be seeking feedback from tangata whenua, industry, fishers, and others at each review stage. As details are confirmed, we'll provide more information about how you can get involved and contribute to the conversation.

We are particularly interested in feedback and information about the survivability of these species under different conditions, handling practices and environments, as well as better understanding how certain species can damage the catch if retained.

Enabling alternate disposal options

The amended Act clarifies the landing and discard rules and explicitly requires fishers to land all QMS species unless an exception is in place.

Although the Act is designed to encourage greater selectivity in fishing and greater use of the catch, it also recognises the need to provide alternative, legal disposal options of catch in the event fishers aren't able to land all of their catch to LFRs.

Fisheries New Zealand consulted on a range of options in late 2022. Work is now under way to explore these options in further detail following the feedback received and provide advice to Cabinet.

We will provide further updates on this page once Cabinet decisions are made.

New rules for offences and penalties

The amended Act set up a graduated offences and penalties regime to support the new tightened landing and discard rules.

The Act also enables the creation of an infringement system in regulation, allowing more proportional relationships between penalties and offending.

Fisheries New Zealand consulted on a range of options in late 2022. Work is now under way to explore these options in further detail following the feedback received and provide advice to Cabinet.

We will provide further updates on this page once Cabinet decisions are made.

The overall aim of these changes to minimise the return of fish that are unlikely to survive after being caught and encourage greater selectivity in what is caught. To achieve this, our fisheries management system needs to enable fishers to maximise the use and value of their catch, while avoiding unwanted fish through increasingly selective fishing practices.

We look forward to talking with you and hearing your feedback and suggestions as we work consider the best approach to each of these issues.

Who to contact

Email us any time at fisherieschangeprogramme@mpi.govt.nz