Exception review for predated HMS 2024
Introduction
In February 2024 Fisheries New Zealand (FNZ) proposed an exemption to allow commercial fishers to return to the sea 5 Highly Migratory Species (HMS) caught on surface longline and damaged by predation leaving them unfit for human consumption. Those species are bigeye tuna, yellowfin tuna, southern bluefin tuna, Pacific bluefin tuna and swordfish.
Predation events of HMS which leaves fish unfit for human consumption are hard to predict and avoid. Predation in the surface longline fishery is a common problem globally.
Currently, section 72 of the Fisheries Act requires commercial fishers to retain, land and report the weight of any predated fish in the Quota Management System (QMS).
On 1 November 2022 the Fisheries Amendment Act (2022) was enacted, enabling exemptions to s72 of the Fisheries Act. This proposal is enabled by the Amendment Act.
Submission
On 1 March 2024 the New Zealand Sport Fishing Council (NZSFC) submitted in support of the exemption to allow the return of inedible, leftover parts of 5 HMS that are subject to the QMS. Those predated fish must be caught by surface longline and can be released provided the proposed two conditions are met.
Decision
On 22 May 2024 the Minister Shane Jones released his decision. He has agreed to provide for a landing exception for 7 HMS managed under the QMS, when caught by surface longline and when predation leaves them unfit for human consumption.
The Minister’s decision includes two extra species not included in the original proposal, they are moonfish and Ray’s bream.
The Minister approved only one of the two conditions proposed by Fisheries NZ.
The exception will be effective from 1 June 2024.
The NZSFC is disappointed that only one of the two conditions proposed by FNZ has been approved. Condition 2: “Predated fish must be binned and returned so as not to attract seabirds or predators” was an important, practical measure to protect other marine life from incidental capture or death.
Relevant information
2024
Decision
HMS landing exception decision. Minister. 22 May 2024
Ministerial approval for a landing exception for 7 highly migratory species that are managed under the Quota Management System. Exception only applies to predated fish not fit for human consumption which are caught by commercial surface longline. Minister Shane Jones. 22 May 2024.
Submission
HMS landing exception. NZSFC. 1 Mar 2024
Submission supporting the landing exception for predated fish in the commercial surface longline fisheries, under certain conditions. NZSFC. 1 March 2024.
Proposal
Predated fish landing exception. FNZ. 2 Feb 2024
Proposal to exempt predated fish that are not fit for human consumption to be returned to the sea by commercial surface longline fishers, under certain conditions. Fisheries New Zealand. Dated January 2024. Released 2 February 2024.
Supporting information
Landings and discard exception notice. FNZ. May 2024
Notice specifying the fish and animals that are subject to the Quota Management System that commercial fishers can or must return to the sea or other waters. NZ government. Dated May 2024. Effective 1 June 2024.
Section 72A(2) Fisheries Act 1996
Under the Fisheries Act commercial fishers are prohibited from returning to the sea any fish that are subject to the Quota Management System. Section 72A(2) allows for exceptions to that rule.
Implementing the Fisheries Amendment Act 2022
Fisheries New Zealand outline of how they propose to give effect to the Fisheries Amendment Act 2022. Includes a list of species to be exempted from the mandatory landing provisions. Worth a read.
Operational guidelines landing exception review. FNZ. Dec 2023
Operational guidelines to apply during commercial landing exception reviews. Fisheries New Zealand. December 2023.
Review of commercial landing exceptions. FNZ. Dec 2023
Overview of policy context and legislative requirements in relation to commercial landing exception reviews. Fisheries New Zealand. December 2023.