QMS and Regulations

The New Zealand Quota Management System (QMS)

Commercial fishing in Aotearoa New Zealand is highly regulated. The Fisheries Act 1996 and the Maori Fisheries Settlement Act 1992 create the foundation for all the rules, which are set out in a raft of regulations.

The purpose of the Fisheries Act is to ensure the sustainability of fisheries resources. This means the systems and rules set up should be aimed at enabling the ongoing utilisation of seafood into the future without detriment to the environment. The Maori Fisheries Settlement Act restored Maori property rights in fisheries that were secured and guaranteed by Article 2 of the Treaty of Waitangi.

The Quota Management System (QMS) was introduced in 1986 to manage and conserve New Zealand’s commercial fisheries and since 1996 has aligned with both the Fisheries Act and the Maori Fisheries Settlement Act. The QMS is based on the concept of limiting the total commercial catch from each fishery while providing quota holders with the maximum in flexibility to harvest catches.

A full description of the Quota Management System and how it works is set out in the Guide to the Quota Management System (Clement and Ocean Law New Zealand) 2003. The following is a brief summary.

1. There are 10 Fisheries Management Areas (FMA) within the New Zealand EEZ which are then divided into separate Quota Management Areas (QMA) for different fish stocks, depending on the known distribution of biological stocks (not all fish stocks are known to exist in each FMA) Some species only have 1 or 2 QMAs across the EEZ (eg. Hoki), others have separate fish stocks in most of the FMAs.

2. 98 species are currently covered by the QMS – as 642 separate fish stocks within their relevant QMAs.

3. Every fish stock under the QMS has a Total Allowable Catch (TAC) based on estimates of the stock size. This includes take by commercial, recreational, and customary users. Once the TAC is set, then the Total Allowable Commercial Catch (TACC) is set.

4. Individual Transferable Quota (ITQ) is a right to a percentage share of a TACC for a specific fish stock. Holding ITQ entitles a holder to an Annual Catch Entitlement (ACE).

5. The ACE is specified (in kilograms) each year based on the TACC and the ITQ owned.

6. An annual ACE entitlement can be purchased by those with no ITQ through an ACE transfer process.

Fisheries regulations use a lot of acronyms and terminology. You can find definitions and descriptions of many of the common terms in the Glossary.