Recreational set-netting: a casualty of the Dolphin Threat Management Plan

The threat of legal action by Sea Shepherd has been the driving force behind recently announced regulatory measures that will further ban fishing methods that could incidentally kill or seriously injure the critically endangered Māui dolphins whose habitat is along the west coast of the North Island.

While the South Island measures are ostensibly driven by threats to Hector’s dolphins, these measures appear to be a direct result of the coalition Government’s aim to eliminate set-netting altogether.

First, let’s understand Sea Shepherd’s actions. It is a non-profit conservation organisation known for engaging in conventional protests and direct actions to protect marine wildlife.

On 6 February 2019, Sea Shepherd petitioned United States agencies to immediately ban the import of all fish and fish products from New Zealand that had been caught in set nets or trawls inside the Māui dolphin range. The petition utilised the import provisions of the United States’ Marine Mammal Protection Act.

On 17 June 2019, the United States agencies rejected the petition just as New Zealand released the Dolphin Threat Management Plan (TMP) for consultation.

The TMP was first developed in 2008, and the Māui dolphin component was reviewed in 2012. The 2019 revision included further proposals on 1) managing impacts of fishing on Hector’s and Māui dolphins, 2) addressing the threat that toxoplasmosis poses for dolphins, and 3) managing other non-fishing threats.

Suffice it to say, some of the supporting information and rationale were contentious, including the lack of information to estimate the alleged risk posed by recreational fishers. 

Consultation ended 19 August 2019 with the intent that the Ministers of Conservation and Fisheries would make decisions on the TMP and associated regulatory measures would be implemented in early 2020.

On 3 February 2020, the Ministers advised that more time was needed to make the right decisions.  

On 22 May 2020, to keep the pressure on, Sea Shepherd filed a lawsuit in the United States against the government agencies that rejected the petition for the import ban. 

On 24 June 2020 the Ministers announced their decisions on the revised TMP https://www.beehive.govt.nz/release/new-protection-dolphins-and-support-changes-fishing-methods

To reduce Hector’s dolphin mortality, which is classified as vulnerable, the existing ban on set-netting will be expanded in Pegasus Bay, the coastal area along mid- and South Canterbury and between Sand Hill Point and Whakaputa Point in Southland.

There will also be a new set-net ban in Tasman and Golden Bays, despite the uncertainty in Hector’s dolphin abundance in these Bays. This ban also includes estuaries and other inland waters where Hector’s dolphins have not been sighted.

The Ministers have been clear about their intent to enact these regulatory measures and others on 1 October 2020 without consultation or select committee process. This expeditious enactment is cause for concern about upholding due process and natural justice requirements.   

Consultation will occur regarding extension of the commercial and recreational set-net ban around areas of Banks Peninsula, as this ban was not included in the 2019 consultation, which is further evidence the aim is to eliminate set-netting altogether.

Fish Mainland would like to hear from recreational fishers regarding their concerns about these regulatory measures and keep them informed of any unintended consequences or basis for objection.