Rules on fishing, collecting shellfish vary by species and location

Fisheries New Zealand is warning the public to check local fishing regulations before casting a line or gathering shellfish over summer.

The reminder comes as fisheries officers continue enforcement efforts in Eastern Bay of Plenty, where several people have been found with large quantities of green-lipped mussels, including mussels taken from the closed Ōhiwa Harbour area.

Jordan Cooper, Fisheries New Zealand's district manager for Gisborne and Whakatāne, said it was disappointing to see people removing mussels from areas that had been closed to allow mussel beds to recover.

"Over the past month, fisheries officers in Whakatāne stopped one person who had collected 779 green-lipped mussels from the closed part of Ōhiwa Harbour," Cooper said.

"Other people who had their catch inspected were found with 92 green-lipped mussels taken from the closed area, and another with 154 green-lipped mussels taken from an open area. It's likely some of these people will be prosecuted."

In areas where harvesting is permitted, the daily recreational limit for green-lipped mussels is 50 per person.

Officers also inspected another group of fishers who were found with 2771 pipi taken from an open area of Ōhiwa Harbour. The daily limit for pipi is 150 per person.

Fisheries New Zealand said fishing and shellfish-gathering rules varied by species and location, urging individuals to check the latest regulations before heading out.

What varieties of shellfish or sea creatures are individuals allowed to take from coastlines?

Andre Espinoza, Fisheries New Zealand's regional manager for North, said the fin fish or shellfish that members of the public could harvest varied by location.

Espinoza said regulations differed from region to region and might change over time, making it important for people to check local rules before going fishing.

In the wider Auckland area, he said, people were permitted to collect a range of shellfish, including cockles, oysters, mussels, pāua, pipi and tuatua.

How many fish and shellfish can an individual take?

Under New Zealand's recreational fishing rules, there's no such thing as "just one more".

Daily catch limits apply to how many fish, shellfish or rock lobster (crayfish) a person can take or possess in a single day. The exact limits depend on what you're catching and where you're doing it, and they can change from one area to another.

In Auckland, Northland, Waikato, Bay of Plenty and the Kermadec Islands, recreational fishers are allowed a combined total of up to 20 fin fish per day.

That total can be a mix of any species, but it does not include certain baitfish or freshwater eels. Individual species limits still apply, and, in some places, there are extra rules on top of that.

Espinoza said each shellfish species was subject to its own daily limit per person.

In the Auckland-Coromandel area, a single person can collect up to 50 cockles, 150 sea urchins, 25 green-lipped mussels and 50 pipi in a day.

Daily limits were applied to other shellfish harvested in the wider Auckland area, including oysters, pāua and tuatua, Espinoza said.

"Regarding other less commonly harvested species, provided an area is open, a fisher can take up to 50 of what is referred to as 'any other shellfish'," he said.

"Shellfish includes all species Phylum Echinodermata such as sea cucumbers and starfish, Phylum Mollusca such as snails and slugs, and Crustacea such as crabs and shrimps."

Other regions may have different limits or additional restrictions, so it pays to check before heading out.

It's important to note that only those who were actually there when the seafood was collected can count it towards their daily limit.

Also, anything you catch and eat during a fishing trip counts as well.

How large do fish and shellfish need to be?

New Zealand's fishing rules set minimum size limits for many fish and shellfish species.

The Ministry for Primary Industries says people should follow the legal size limits for the area they are fishing in and measure their catch carefully.

Size limits can vary by location, and sticking to them helps keep local fisheries sustainable.

For shellfish such as pāua, scallops and dredge oysters, any uneaten catch must be kept in shells so that fisheries officers can measure them if needed.

For rock lobster, it's important to identify both the species and the sex before measuring, as minimum size limits differ depending on those factors.

If someone catches an undersized fish or shellfish, MPI advises releasing it as carefully as possible so it can survive, grow larger in size and have a chance to breed.

Are there areas where collecting seafood is prohibited?

Yes. According to MPI, some areas may be closed to fishing or seafood collection altogether. These include marine reserves, taiāpure and mātaitai reserves, where special protections are in place.

Other areas may remain open but have specific restrictions. In some locations, certain fishing methods such as nets or set lines are not allowed, or particular species of fish or shellfish cannot be taken.

Espinoza said several locations had been closed across the Auckland and Northland regions to improve species abundance or rebuild depleted stocks.

In Auckland, the Hauraki Gulf was closed to crayfish and scallop harvesting, he said.

Several beaches, including Cheltenham Beach, Eastern Beach, Cockle Bay and Karekare Beach, were also closed to shellfish harvesting, he said.

Across the wider Hauraki Gulf, there were also restrictions on taking certain species at Waiheke Island, Umupuia, and at Te Mātā and Waipatukahu on the Thames Coast, he said.

Significant restrictions also applied to the use of nets for fishing.

Taking toheroa was prohibited nationwide, he said.

Espinoza said restrictions had been introduced on the tools and gear individuals used when gathering shellfish.

"One of the most common rules is that the use of underwater breathing apparatus, including UBA or scuba tanks, is illegal when harvesting pāua," he said.

He advised fishers to consult harvesting and handling guidelines published by the Pāua Industry Council.

"If harvesting oysters off rocks, the oyster must not be opened on the rock," Espinoza said.

"It must be fully removed from the rock before opening it, as doing this allows new oysters to grow, which will ensure the sustainability of the species."

Because rules can vary by location and change over time, MPI advises people to always check local fishing area rules before heading out.

Is it safe to eat what I catch?

Many New Zealanders love gathering kai from the sea over summer, but shellfish can be a higher-risk food because they can live in contaminated water.

MPI advises people to always check health warnings or closures covering the areas in which they plan to fish or collect shellfish.

MPI says shellfish are often eaten raw or lightly cooked, which does not kill viruses or bacteria.

Importantly, no amount of cooking will destroy biotoxins or certain chemical contaminants that shellfish may accumulate.

For this reason, people are strongly advised to harvest fish and shellfish only from areas where the water is known to be safe.

People with weakened immune systems, including those who are immunocompromised, are advised to avoid eating raw or undercooked shellfish altogether.

Can I sell or trade my catch?

The short answer is no.

MPI says it is illegal to buy, sell, or trade recreationally caught seafood. This applies to fin fish, shellfish and rock lobster (crayfish).

Selling recreationally caught seafood is an offence under the Fisheries Act and can result in fines of up to $250,000.

People who break fishing rules may also face other penalties, including infringement fines of up to $500, court-imposed fines of up to $10,000 or $250,000 depending on the offence, and the seizure of fish, gear, and property used in the offending, including boats and vehicles.

Because fishing and shellfish-gathering rules vary by species and location, Steve Ham, Fisheries New Zealand's director of fisheries compliance, is encouraging fishers to download the free New Zealand Fishing Rules app as part of their fishing kit this festive season.

"These rules vary by species and area and do change from time to time, so it's important to stay up to date," Ham said.

"Once downloaded, the fishing app will also work in areas where you don't have cellphone coverage."

Along with using the app, recreational fishers are encouraged to speak with local fisheries officers or visit their nearest office for advice.

MPI also encourages the public to report suspected illegal fishing activity by calling 0800 4 POACHER (0800 476 224).