Ma¯ ui dolphin claims dismissed in US case
New Zealand’s commercial fishing industry says the lifting of a temporary ban on some fish exports to the US is a vote of confidence in how fisheries here are managed.
The US Court of International Trade has lifted a preliminary injunction preventing the export to the US of nine New Zealand fish species caught on the west coast of the North Island.
The injunction was successfully sought in 2022 by environmental group Sea Shepherd, which alleged the standards used by New Zealand to protect the critically endangered Ma¯ ui dolphin were not compatible with similar US standards.
Seafood New Zealand, which represents commercial fishers, said trade could now resume on the species impacted by the ban, which had the potential to impact up to $2 million of exports to the US. Chief executive Jeremy Helson said the result was a vote of confidence in New Zealand fisheries management.
“Ma¯ ui dolphin are a taonga species and the controls in place to protect them are strict. On top of that, many of our commercial fishers have gone above and beyond, personally investing considerable effort into changing how they fish,” Helson said.
Ocean and Fisheries Minister Shane Jones and Agriculture and Trade Minister Todd Mcclay said in a statement the lifting of the temporary ban was “a win for common sense”.
Sea Shepherd has been approached for comment.
Jones said the claim by Sea Shepherd was “spurious”.
“Lifting the ban means seafood exporters will no longer have to provide a certificate of origin when sending seafood products to the United States,” Mcclay said.
The species affected were snapper, trevally, tarakihi, hoki, warehou, spotted dogfish, barracouta, mullet and gurnard.
Seafood New Zealand’s Helson said the US National Oceanic and Atmospheric Administration had recently found New Zealand’s management standards did meet US requirements, issuing a favourable comparability assessment in January.
“We were confident all along that our management systems in place to protect Ma¯ ui dolphin were robust and comprehensive. We are pleased the US Government has agreed with that position and effectively endorsed the New Zealand management regime.”
In 2022, Sea Shepherd New Zealand and the Sea Shepherd Conservation Society asked a Manhattan court to ban the trade, arguing there was a lack of action by the New Zealand Government of the time to protect the dolphins, found only in New Zealand waters.
Estimates at that time showed just 48 to 64 individual dolphins over the age of 1 remained.
The US Government and several US federal agencies were listed as defendants in the case. The New Zealand Government was listed as a defendant-intervenor, a non-party to the case which would provide information and support where required.
Jones said the court’s decision to remove the ban followed an assessment, undertaken by the US Government at the New Zealand Government’s request, which showed protections for Ma¯ ui dolphins were comparable with, met and even exceeded the US standards under its Marine Mammal Protection Act.