The decision on the Hector's and Maui's Dolphin Threat Management Plan was made in 2008. Final advice, decisions and maps can be seen on the Ministry of Fisheries website »

For more information on the interim relief and new maps »

Read the press release from 29 May 2008 by NZ Seafood Industry Council how the Minister's decision will not save dolphins, but will ruin lives »

And here you can read the New Zealand Seafood Industry Council’s submission on the Threat Managment Plan.

In 2009, interim relief from new fishing restrictions was sought in the High Court by seafood industry parties to protect the livelihoods of fishermen whose businesses will otherwise be destroyed.

The NZFCF, in conjunction with other commercial inshore stakeholders, South East Finfish Management Ltd, Challenger Finfisheries Management Company Ltd, and the Northern Fisheries Management Stakeholder Company Ltd, asked the High Court to review the decisions made by Fisheries Minister Jim Anderton to close around two thirds of New Zealand's coastline to fishing in response to concerns about Hector's and Maui's dolphins.

The group applied mainly for seasonal relief in those fishing grounds where jobs were at immediate risk.  They did not ask for interim orders that would threaten Maui's and Hector's dolphin populations.  The measures were approved by the High Court until a judgement could be made.

On Tuesday 22^nd February 2010, this judgement was released.  Although it allows the interim relief already in place to continue in two of the areas where people were most affected by the original decision (WCNI set netters and ECSI butterfish fishers), it does not affect the wellbeing of Hector's and Maui's dolphins in any way.  They continue to have the same level of protection now as they did before the judgement.

Fishing has continued for two full seasons without any impact or interaction with Hector's or Maui's dolphins in the areas covered by interim relief.  

In brief, the industry parties won two of the challenges:

1. the extension of the set net ban on WCNI from 4nm to 7nm;
2. the decision not to provide an exemption for butterfish at the top of the ECSI.

The judge directed that the decisions on (1) and (2) be reconsidered by the Minister. The interim relief in these areas will continue until the decision is reconsidered.  However, the interim relief is on a ‘one strike, you're out' basis.  This means that if a single dolphin is caught, fishing will be banned.

The judge also agreed with industry submissions that the regulations had the effect of prohibiting ring netting. At the hearing the Crown agreed that this was not the intent of the regulations.

The other aspects of the claim were not upheld.

Dolphin facts - here is what is known and proven:

Maui's Dolphins

• Between 1988 and 2003 there were two Maui's dolphin deaths attributed to commercial fishing net entanglement out of a total of 17 notified deaths
• Photographs of the two entanglement deaths show illegal driftnets, not commercial set nets
• No deaths attributed to commercial fishing since 2003, when a ban was established for four nautical miles on that Coast where the dolphins live
• Maui's dolphins are a subspecies of the Hector's dolphin that have become genetically differentiated by geographical isolation
• With the most recent deaths of Maui's dolphins, Brucellosis was found and it is worth noting that the Massey University veterinarians who carried out the narcropsy (autopsy) were surprised to find this bacteria in dolphins 
• No Maui's dolphin death has ever been attributed to trawling
• The vast majority of dolphin sightings are within 1.8km of the coastline
• There have been no verified sightings within harbours
• Current Government observer programme on west coast north island trawlers will spend 258 days monitoring Maui dolphin interactions.
• In 2008 106 days under the Government programme resulted in zero Maui's dolphin observed and consequently no interactions.
• No recent or current research on pollution, health, fishing or other impacts on the population (no proof that fishing, or any other human activity, is the ‘biggest' or most ‘significant' threat)
• The most recent aerial survey was in 2004 which estimated a population range between 48 and 252, with a point estimate of 111.
• It is unknown whether the population is declining or increasing. However, in February 2009 the Department of Conservation and Auckland University began a two year study using DNA profiling in an effort to update population estimates.

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Hector's Dolphins

• Since 2000 only 29 of the 123 confirmed deaths of Hector's dolphins have been attributed to commercial set netting
• There is no recent research that reliably estimates the total number of Hector's dolphins
• No recent or current research on pollution, health, fishing or other impacts on the population (no proof that fishing, or any other human activity, is the ‘biggest' or most ‘significant' threat)
• Annual mortalities attributed to fishing are less than 0.1% of population
• Found mostly in waters up to 100m deep
• South Coast South Island survey conducted in 1998 estimated population of 89 and a survey conducted in 2004-2005 estimated between 300 and 660 (source: TMP)
• No deaths attributed to commercial fishing South Coast South Island since 1988
• Nobody knows exactly how many Hector's dolphins there are because there has not been enough recent research, but the accepted scientific estimate is 7,270 individuals (range between 5,303 and 9,966)
• There is no evidence available to determine if the population is declining or increasing

Several points are made in the draft Threat Management Plan that echo industry's concerns about the uncertainty of the science. In particular:

• "Biological and stochastic factors mean there is a great deal of uncertainty around the minimum abundance that will ensure the long-term viability of Hector's dolphins". (p 61)
• "There is uncertainty around the current population estimates for Hector's dolphins. The most recent surveys to estimate abundance ...were undertaken 6-7 years ago. As such, the current abundance of South Island Hector's dolphins is unknown." (p 61)
• "Information on the extent of fishing impacts on Hector's dolphins is inadequate and uncertain. This is primarily due to limited information on the level of fishing-dolphin interactions and trends in species abundance." (p 62)

What has been said or reported, but is not proven, not known or is incorrect:

• Hector's dolphins have decreased from 26,000 in the 1970s
• Hector's dolphins have decreased from 29,000 in the 1970s
• Hector's dolphins have decreased from 30,000 in the 1970s
• 1000s of Hector's dolphins are dying every year
• About 600 Hector's dolphins are dying every year
• The biggest single threat to Maui's dolphin is entanglement and drowning in set nets, and trawling is also a serious threat
• Already this year 12 Hector's dolphins have been reported dead on the West Coast
• Just 111 individuals [Maui's dolphins] remain
• Maui's population includes just 25 breeding females
• 60% of dolphin deaths are caused by fishing
• 70% of dolphin deaths are caused by fishing
• Maui's dolphins were once found around most of the coast line of the North Island
• A marine mammal sanctuary is the only measure that will protect Maui's dolphins from all threats
• Fishing industry objections focus solely on potential revenue loss