Legal protection of New Zealand’s indigenous aquatic fauna – an historical review

Abstract

At least 160 different pieces of New Zealand legislation affecting total protection of species of aquatic fauna (other than birds) have been passed since 1875. For the first 60 years, legislation focused on notification of closed seasons for New Zealand fur seals ( Arctocephalus forsteri ), for which the last open season was in 1946. All seal species (families Otariidae and Phocidae) have been fully protected throughout New Zealand continuously since October 1946. The first aquatic species to be fully protected were the southern right whale ( Eubalaena australis ) and pygmy right whale ( Caperea marginata ) within 3 nautical miles (5.6km) of the coast in 1935. Attempts to protect famous dolphins (including Pelorus Jack in 1904 and Opo in 1956) were ultra vires, and there was no effective protection of dolphins in New Zealand waters before 1978. The extinct New Zealand grayling ( Prototroctes oxyrhynchus ) was fully protected in 1951, and remains New Zealand’s only fully protected freshwater fish. Nine species of marine fishes are currently fully protected, beginning in 1986 (spotted black grouper, Epinephelus daemelii ). Protection of corals began in 1980. The reasons why aquatic species were protected are explained, and their protection history is compared and contrasted with the history of protection of terrestrial species in New Zealand.