Source: NZ Ministry for Primary Industries
Have your say
Following on from the emergency closure of commercial fishing around the Otago Peninsula announced on 16 September 2025, we are consulting on further measures to reduce hoiho fishing-related deaths.
The proposed measures are informed by a new scientific risk assessment. That assessment identified set netting in the Otago area as posing the highest fisheries bycatch risk to hoiho on the South Island (Te Waipounamu) and Stewart Island (Rakiura) – known collectively as the northern population.
The consultation opened on 17 November and will close at 5pm on Friday 12 December 2025.
Find out about the emergency closure announced on 16 September
What measures are being proposed?
Option 1a: Extending the existing prohibition of commercial set net fishing around Otago Peninsula from 4 to approximately 8 nautical miles between Karitāne and Taieri Mouth.
Option 1b: The commercial set net prohibition around Otago Peninsula (Option 1a) would be extended to also include the area from Karitāne to Hampden (North Otago) out to 8 nautical miles.
Fisheries New Zealand modelling estimates that these set net prohibitions reduce the bycatch risk for the entire northern population by around 75%. The options do not impact recreational or customary fishing (recreational and customary set netting is already prohibited out to four nautical miles. In addition, recreational and customary fishers are not known to typically use set nets beyond this distance offshore).
Option 2: Implementing an escalating response framework of voluntary and, if required, regulatory measures that would apply outside of the proposed commercial set net prohibition areas to further drive a reduction in hoiho bycatch across the entire northern population. It would be underpinned by a regulated Fishing-Related Mortality Limit (FRML) for the northern hoiho population under section 15 of the Fisheries Act 1996. The FRML would be applied each October fishing year (1 October to 30 September) and is proposed to be set at 4 hoiho captures.
Fisheries Act 1996 – NZ Legislation
The reasons for these proposals
The recently completed spatial multi-threat risk assessment projects that without a 50% reduction in all sources of adult and juvenile mortality, the northern population of this species may number only approximately 160 birds by 2045. According to the risk assessment, the third largest cause of hoiho mortality in recent years is estimated to be commercial set net fishing (behind malnutrition and predation from both marine and terrestrial predators).
Consultation documents
Spatial risk assessment of threats to yellow-eyed penguin/hoiho (Megadyptes antipodes) [PDF, 12 MB]
Map of the area
Proposed extension of Otago Peninsula set net prohibition (Option 1a) [PDF, 168 KB]
Making your submission
Submissions on these proposals close at 5pm on Friday 12 December 2025.
If you are emailing or posting your submission, we encourage you to use our submission template [DOCX, 51 KB]
Submissions should be emailed to FMSubmissions@mpi.govt.nz
You can also use that email address to request hard copies of documents.
We prefer submissions or hard copy document requests to be sent by email. However, written submissions or requests for hard copies of documents can be posted to:
Hoiho protection measures consultation
Fisheries Management
Fisheries New Zealand
PO Box 2526
Wellington 6140.
What to include in your submission
- The title of the consultation document.
- Your name and title.
- Your organisation’s name (if you are submitting on behalf of an organisation, and whether your submission represents the whole organisation or a section of it).
- Your contact details (such as phone number, address, and email).
- Whether you support all or any of the proposed long-term measures for reducing fishing-related hoiho mortalities.
- Any alternative measures that we could consider.
Answers to common questions
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What are the dates the consultation is open?
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The consultation began on 17 November 2025 and is open until 5pm on 12 December 2025.
How do I make a submission?
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The consultation document has information about the options Fisheries New Zealand (FNZ) is proposing to reduce the impact of commercial set-net fishing on the northern hoiho population. Supporting questions about each option are also provided in the consultation document to help you frame your submission, and a submission template is provided on the consultation page.
You can then submit your submission by:
- emailing your submission to FMSubmissions@mpi.govt.nz
- posting it to Hoiho protection measures consultation, Fisheries Management, Fisheries New Zealand, PO Box 2526 Wellington 6140 New Zealand.
When will decisions be made?
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The options are based on a multi-threat spatial risk assessment commissioned by FNZ. FNZ 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
What is the status of the northern hoiho population?
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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 1000 breeding pairs referred to as the southern population).
What did the risk assessment say about the threat of commercial fishing to hoiho?
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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 percent.
Will stopping fishing in the area make a significant difference for hoiho?
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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 four and approximately eight nautical miles around the Otago Peninsula (Option 1a) is projected to reduce fishing-related mortality by 75 percent, as this area poses the highest risk of fisheries bycatch for hoiho.
A target of a 75 percent 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 eight nautical miles in this area, as well as around the Otago Peninsula (Option 1b), would further reduce fishing-related mortality for northern hoiho.
What else needs to be done to protect hoiho?
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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
Are there other mitigation measures that commercial fishers can use?
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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.
What are the impacts of these proposals on fishers?
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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 five full fishing years (2019-20 to 2023-24), eleven 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.
What is a Fishing-Related Mortality Limit (FRML) and how does it reduce bycatch?
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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.
Why not close set-netting across the whole foraging range of the northern population of hoiho?
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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.
Will the emergency closure be extended until the decision next year?
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FNZ has begun a targeted consultation with the fishing industry, iwi and environmental groups about extending the current emergency closure. FNZ 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.
Submissions are public information
Note that all, part, or a summary of your submission may be published on this website. Most often this happens when we issue a document that reviews the submissions received.
People can also ask for copies of submissions under the Official Information Act 1982 (OIA). The OIA says we must make the content of submissions available unless we have good reason for withholding it. Those reasons are detailed in sections 6 and 9 of the OIA.
If you think there are grounds to withhold specific information from publication, make this clear in your submission or contact us. Reasons may include that it discloses commercially sensitive or personal information. However, any decision MPI makes to withhold details can be reviewed by the Ombudsman, who may direct us to release it.
