Harbour Fish chief executive Aaron Cooper said the ban — initially for three months to protect yellow-eyed penguins, but now extended until September 16 — was "fine, OK".
But he slammed the government for not doing enough to protect the species on land.
To provide habitat and prevent the endangered bird being eaten by predators, the Department of Conservation (Doc) should have set up predator-free, fenced-off reserves similar to Dunedin’s albatross colony.
"Doc dropped the ball.
"The birds are incredibly endangered, numbers have dropped considerably and there is a real lack of responsibility taken on land."
A Ministry for Primary Industries consultation on long-term hoiho protection measures closes tomorrow.
Oceans and Fisheries Minister Shane Jones said yesterday he had hoped to have the long-term measures in place by now and blamed Environmental Law Initiative (ELI) for delays.
Last week, the government had to defend itself in a High Court case in Wellington in which ELI argued the set-net ban around the Otago Peninsula was inadequate.
Hoiho range from Banks Peninsula to Stewart Island and often swam further for food.
A ban was needed across the whole habitat, ELI argued.
Mr Jones said the case — yet to be ruled upon — meant "key scientists and officials’ efforts were redirected to responding to litigation rather than focusing on hoiho protection".
"This is unfortunate as these delays increase the uncertainty for affected commercial fishers and do nothing to help the hoiho population".
A High Court hearing last year challenged the government for not setting limits on the bycatch of protected species.
The court ruled there had been failings over decades to address deaths from bycatch.
ELI legal and research director Dr Matt Hall
yesterday welcomed the extension of the exclusion zone but said "neither it nor the draft long-term measures are currently adequate to secure the future of these remarkable birds".
In response to the accusation about hoiho not being protected on land, Doc operations manager for coastal Otago Gabe Davies said hoiho could become extinct on the mainland within a lifetime.
There was "no single solution, but every intervention gives a better chance at recovery".
Work had focused on predator control around nest sites, treatment for diseased, injured and starving birds, and "restoring hoiho nesting habitat".
There were beach closures during the bird’s breeding season at Boulder Beach, part of Sandfly Bay and at the Yellow-eyed Penguin Trust-managed Tavora Reserve.
Otago Peninsula Eco Restoration Alliance co-owner Ike Haldan said he applauded the longer ban around the peninsula, but there needed to be "stronger, permanent protections".
