Minister’s orange roughy decision challenged by ELI

From the shallow waters to the deep, our oceans should be swimming with life. Aotearoa has oceans rich in unique biodiversity, and it is crucial that we respect and take care of them.  

In July, ELI filed proceedings against the Minister for Oceans and Fisheries asserting that the 2023 orange roughy catch limit did not take into account the best available information on the size of the area trawled for orange roughy. ELI also says the decision by the Minister failed to consider how to avoid, remedy, or mitigate the effects of bottom trawling on the fragile orange roughy population, and the wider ecosystem.  

Every year, fishing boats trawl up thousands of tonnes of orange roughy – a unique species that lives to well over 100 years, and lives in the deep ocean around Aotearoa. In the 1990s, orange roughy was overfished to the extent that the population collapsed. The population remains highly vulnerable to overfishing. 

Orange roughy are fished by bottom trawling, where a net is dragged along the ocean floor. Aotearoa is the only country in the South Pacific that still allows bottom trawling. This fishing method destroys underwater features that are vital habitats for marine life, results in bycatch of vulnerable species like corals and sharks, and can release organic carbon stored in the sea-floor.    

The adverse effects of bottom trawling on the aquatic environment are profound and can be long-lasting.  

In our view, the Minister:  

  • failed to take into account the best available information on the trawl footprint for orange roughy;  

  • failed to consider how the adverse effects of bottom trawling could be avoided, remedied, or mitigated;  

  • failed to protect habitats of significance, such as seamounts where many species congregate for spawning and shelter;  

  • should have considered the total allowable catch controls for other species in the area, in line with considering the ecosystem as a whole. 

A photo of an orange roughy fish

An orange roughy cruising about

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ELI & Ngāti Kaharau me Ngāti Hau challenge crayfish catch limit set by Minister in High Court