APPLICATION TO THE DEPARTMENT OF THE ENVIRONMENT AND ENERGY

ON THE

MARINE AQUARIUM FISH MANAGED FISHERYAND

THE TAKE OF MARINE AQUARIUM SPECIES FOR AQUACULTURE BROODSTOCK PURPOSES

Against the Guidelines for the Ecologically SustainableManagement of Fisheries - 2007

August 2019

DEPARTMENT OF PRIMARY INDUSTRIES AND REGIONAL DEVELOPMENT, WESTERN AUSTRALIA

140 WILLIAM ST PERTH, WESTERN AUSTRALIA, 6000

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TABLE OF CONTENTS

1. BACKGROUND………………………………………………………….……………..32. BACKGROUND OF THE MARINE AQUARIUM FISH MANAGED

FISHERY…………………………………………………………………………….…..43. AQUACULTURE BROODSTOCK COLLECTION…………………………………44. SUMMARY OF PROGRESS AGAINST CONDITIONS OF THE APPROVED

WILDLIFE TRADE OPERATION FOR THE MARINE AQUARIUM FISH MANAGED FISHERY………………………………………………………….………5

5. CONCLUSION.…………………………………………………..……………………..96. APPENDICES…………………………………………………………..……..…....…10

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1. BACKGROUNDThis is an application to the Department of the Environment and Energy (DotEE) to assess the operations of the Western Australian Marine Aquarium Fish Managed Fishery (MAFMF) and the take of marine aquarium species by the aquaculture sector for broodstock purposes against the Guidelines for Ecologically Sustainable Management of Fisheries – 2nd Edition, under Part 13 and 13A of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). This report provides DotEE with an update on the changes in management arrangements and progress of the MAFMF against the Wildlife Trade Operation (WTO) conditions and recommendations since its last assessment.

As of 1 July 2017, the Department of Fisheries (Fisheries) was amalgamated into the Department of Primary Industries and Regional Development (DPIRD). Wherever previous documents referred to Fisheries, it will be interpreted and referred to as DPIRD in this assessment application.

Previous AssessmentsOn 11 October 2005, the MAFMF was declared an approved WTO under the EBPC Act. The WTO was subsequently extended on four further occasions (2008, 2011, 2013 and 2016) with the most recent assessment occurring on October 2016 (extending the WTO until 18 October 2019).

Re-Assessment ProcessThis report provides an update to DotEE on the progress of the MAFMF against the conditions arising from the most recent Ecologically Sustainable Development (ESD) reassessment from 20 October 2016 to 18 October 2019, outlining what has been achieved in addressing each condition. This application report includes the take of marine aquarium fish by the aquaculture sector for broodstock purposes.

The following documentation has been included in this application to assist the re-assessment process:- a report addressing the progress of the MAFMF against each of the current

WTO conditions;- a map of the MAFMF (Appendix 1);- a copy of the legislation governing the MAFMF (Appendix 2);- extracts of the MAFMF annual reports, published in the Status Reports of the

Fisheries and Aquatic Resources of Western Australia 2016/17 – 2017/18 (Appendix 3).

- a summary of the harvest of CITES listed species (Appendix 4);- the Marine Aquarium Fish Resource of Western Australia - Harvest Strategy

2018 – 2022 (Appendix 5); and - the Ecosystem-Based Fisheries Management (EBFM) Risk Assessment of

the Marine Aquarium Fish Managed Fishery (Appendix 6).

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2. BACKGROUND OF THE MARINE AQUARIUM FISH MANAGED FISHERYThe MAFMF operates in Western Australia’s state waters spanning the coastline from the Northern Territory border in the north to the South Australian border in the south. Fishing effort is spread over a total gazetted area of 20,781 km2 (Appendix 1). During the past three years the fishery has been active in waters from Esperance to Broome with effort focused around the Capes, Perth, Geraldton, Exmouth and Dampier.

On 1 November 2018, the management of the MAFMF was moved under the Marine Aquarium Fish Managed Fishery Management Plan 2018 (Appendix 2). Prior to this, the MAFMF was managed under the Marine Aquarium Fish Management Plan 1995, the Section 43 Prohibition on Fishing (Coral, ‘Live Rock’ and Algae) Order 2007, Ministerial Exemptions as well as conditions on Commercial Fishing Licences (CFLs).

There are 12 Managed Fishing Licence (MFL) holders in the MAFMF with all 12 licensees permitted to take all species covered under the Marine Aquarium Fish Managed Fishery Management Plan 2018 (management plan). Licensees are permitted to take fish, coral, live rock, algae, seagrass and invertebrates for live ornamental display purposes only.

The MAFMF has the capacity to target more than 1,200 species under the management plan, however, the number of species targeted and/or landed by the fishery varies from year to year (e.g. in the period from 2008 to 2018 the number of species landed ranged from 317 to 502). In 2018, a total of over 502 species or species groups were reported in the landed catch of the MAFMF.

The MAFMF is primarily a dive-based fishery which uses hand-held nets or hand-held tools to capture target species. While the MAFMF operates throughout all Western Australian waters, catches are relatively low in volume due to the special handling requirements of live fish. Fishing operations are also heavily weather-dependent due to the vessels used and the potentially hazardous conditions (e.g. waves and swell) encountered. Human constraints (i.e. physiological effects of decompression) also limit the amount of effort exerted in the fishery and the operational water depth.

3. AQUACULTURE BROODSTOCK COLLECTIONWestern Australia has an emerging aquaculture industry focusing on marine aquarium species, in particular hard coral for the domestic and export market. Where sourcing specimens from the MAFMF is not possible, small quantities of marine aquarium species are taken for aquaculture broodstock purposes under Ministerial Exemption in accordance with Fisheries Management Paper No. 196 ‘The Aquaculture of Live Rock, Live Sand, Coral and Associated Products’ (April 2006).

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In 2019, seven Exemptions are active allowing the harvest of up to 695 kg of soft and hard corals from the Abrolhos Islands. Exemption holders are required to provide similar catch records to the DPIRD as the MAFMF. Applications for Exemptions to collect marine aquarium species for broodstock purposes are considered against the Harvest Strategy for Western Australia’s marine aquarium fish resource to ensure that all sources of fishing for marine aquarium species are managed in a holistic manner.

4. SUMMARY OF PROGRESS AGAINST CONDITIONS AND RECOMMENDATIONS OF THE APPROVED WILDLIFE TRADE OPERATION FOR THE MARINE AQUARIUM FISH MANAGED FISHERY

4.1 Operation of the WA Marine Aquarium Fish Managed Fishery will be carried out in accordance with the management regime in force under the Western Australian Fish Resources Management Act 1994 and the Western Australian Fish Resources Management Regulations 1995.

The MAFMF continues to be managed and operate in accordance with the Fish Resources Management Act 1994 and the Fish Resources Management Resources 1995.

The MAFMF is managed through input controls in the form of limited entry to the fishery, permanent closed areas and gear restrictions, as well as output controls in the form of catch limits (Individual Transferrable Quota) for key species.

4.2 The Western Australian Department of Primary Industries and Regional Development to advise the Department of the Environment and Energy of any intended material change to the fishery’s legislated management regime and management arrangements that could affect the criteria on which Environment Protection Biodiversity Conservation Act 1999 decisions are based.

On 1 November 2018, the MAFMF transitioned into a new management regime, replacing the previous Marine Aquarium Fish Management Plan 1995, the Prohibition on Fishing (Coral, ‘Live Rock’ and Algae) Order 2007, Ministerial Exemption No. 2748 and licence conditions.

The new management plan introduced Individual Transferrable Quota (ITQ) arrangements for species groups with a high economic and/or conservation value. This includes coral, ‘live rock’, giant clams and syngnathiformes.

The take of all other MAFMF are managed in accordance with the Marine Aquarium Fish Resource of Western Australia - Harvest Strategy 2018 – 2022. Licence holders in the MAFMF and the aquaculture sector operate in accordance with the formal Harvest Strategy for the marine aquarium fish resource of Western Australia.

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The new management regime is also supported by a new electronic reporting system that provides for near real-time quota monitoring and statutory catch reporting.

All proposed changes to the management were communicated to DoTEE prior to and following its implementation.

4.3 The Western Australian Department of Primary Industries and Regional Development to produce and present reports to the Department of the Environment and Energy annually as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition.

This report provides an update to DotEE on the progress of the MAFMF since the 2016 WTO assessment. Annual reports for the MAFMF are provided in extracts of the Status Reports of the Fisheries and Aquatic Resources of Western Australia: The State of the Fisheries 2016/17 and 2017/2018 at Appendix 3a and Appendix 3b. Reports prior to these years can be found on the Department’s website at:http://www.fish.wa.gov.au/About-Us/Publications/Pages/State-of-the-Fisheries-report.aspx

4.4 The Western Australian Department of Primary Industries and Regional Development to:

a) limit harvest of CITES listed species according to current non-detriment findings for each species or species group

In 2013, the CITES Scientific Authority made NDFs containing harvest limits for CITES listed species to support the grant of a WTO for the MAFMF. Licence holders in the MAFMF and the aquaculture sector have been managed to the harvest limits for CITES listed species outlined in the NDFs on a voluntary basis since 2014. There have been no breaches recorded in the harvest from 2014 to 2018 against the current to the current NDF (Appendix 4). It is anticipated that the likelihood of any breach will continue to be minimal noting the introduction of statutory quota management, formal Harvest Strategy with target, threshold and limit reference levels, and associated control rules, for individual species and improved statutory catch reporting through an electronic logbook system.

b) consult with the Department of the Environment and Energy prior to a change to the management arrangements for a CITES or EPBC Act listed species being implemented

DPIRD has consulted with DotEE over the course of the current WTO regarding the development of the new management regime for the MAFMF to ensure

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consistency with the requirements of both the FRMA and the EPBC Act. Officers of the DotEE also actively participated in an external stakeholder based Ecological Risk Assessment workshop for the MAFMF held in 2014 where current and future harvest levels of CITES listed species were considered in a risk based assessment (see below).

4.5 The Western Australian Department of Primary Industries and Regional Development to:

a) complete the ecological risk assessment (ERA) report

DPIRD undertook a formal ERA workshop at the WA Fisheries and Marine Research Laboratories in Hillarys, Perth on 23 October 2014. The risk analysis methodology utilised for the MAF risk assessments was based on the global standard for risk assessment and risk management (AS/NZS ISO 31000), which has been adopted for use in a fisheries context. Stakeholders invited to participate in the workshop included representatives from the MAFMF, Western Australia Museum, James Cook University of North Queensland, Curtin University (WA), University of Western Australia, Department of Parks and Wildlife (WA), Environmental Protection Agency (WA), Wilderness Society, World Wildlife Fund, consultant marine scientists, Northern Territory and Queensland Government fisheries management agencies, Commonwealth Department of the Environment, Recfishwest, the Western Australian Fishing Industry Council (WAFIC) and the (former) WA Department of Fisheries.

The outcomes of the ERA are contained in the ‘Ecosystem-Based Fisheries Management (EBFM) Risk Assessment of the Marine Aquarium Fish Managed Fishery’ report (Appendix 5). This report was published on DPIRD’s website in October 2018. All marine aquarium species assessed though the ERA process were considered to be at a low to negligible risk of overexploitation over the next five year period. A further assessment of coral, based on a doubling of the existing harvest levels over the next five year period, resulted in no material change in risk level. The outcome of the ERA were also used to develop the Harvest Strategy for the MAFMF which has now been formally adopted.

b) finalise and adopt the Harvest Strategy for the fishery

A formal Harvest Strategy has been developed in line with the DPIRD’s over-arching Harvest Strategy Policy for Aquatic Resources (Department of Fisheries 2015a). In addition to considering fishing impacts of the MAFMF and the aquaculture sector on the retained species, the Harvest Strategy also covers impacts on bycatch, endangered, threatened and protected (ETP) species, habitats and other ecological components to ensure any risks to these elements are managed effectively.

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The finalised Marine Aquarium Fish Resource of Western Australia - Harvest Strategy 2018 – 2022 (Appendix 6) was published in September 2018 following public consultation. The Harvest Strategy was subject to consultation with DotEE prior to final approval to ensure that proposed harvest levels of CITES listed species are consistent with NDF findings.

The Harvest Strategy was formally implemented with commencement of the new management plan on 1 November 2018.

c) consider further research on CITES species in the context of the outcomes of the ERA, including on species' distribution and abundance in areas of high fishing effort.

The Department of Primary Industries and Regional Development is currently undertaking a collaborative FRDC funded research project (FRDC Project Number 2014-029) with the Queensland and Northern Territory Governments titled ‘Stock assessment and vulnerability of commercially harvested corals across northern Australia’. The project is aims to:

establish the distribution and relative abundance of commercially important corals across northern Australia’s marine aquarium industries;

improve the accuracy of species identifications across the industry; review sustainable harvest limits for targeted corals; and establish a cost effective industry based long term monitoring program.

It is anticipated that the outcomes of this project may support more detailed assessments of harvest levels of coral species in the future.

Condition (Part 13) - Persons fishing in accordance with the management regime for the Western Australian Marine Aquarium Fish Managed Fishery in force under the Western Australian Fish Resources Management Act 1994 and the Western Australian Fish Resources Management Regulations 1995 do not retain any species listed under Part 13 of the EPBC Act taken, killed or injured in Commonwealth waters as a result of fishing.

No interactions with species listed under Part 13 of the EPBC Act have been reported by the MAFMF from Commonwealth waters during 2013/14, 2014/15 and 2015/16.

5. CONCLUSION

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The DPIRD has made significant progress in improving the management regime for the MAFMF. Over the course of the current WTO, a new management plan and formal Harvest Strategy were introduced, informed by the most recent ERA.

In conjunction with the new management plan, an electronic reporting system for fishing nominations and statutory catch reporting has been implemented. This provides for the timely provision of accurate fishery data as well as enhanced ITQ monitoring and compliance oversight.

Continuing to include the activities of the aquaculture sector will ensure that all fisheries accessing the marine aquarium resource are considered and managed in an integrated manner.

This report should provide sufficient information on the MAFMF for DotEE to grant a three year WTO against the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd edition under Part 13 and Part 13A of the EPBC Act based on the existing management regime.

Should any clarification or further information be required, please contact Paula Kalinowski on (08) 6551 4443 or email paula.kalinowski@dpird.wa.gov.au.

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APPENDICES

Appendix 1. Map of the Marine Aquarium Fish Managed FisheryAppendix 2. Marine Aquarium Fish Managed Fishery Management Plan 2018Appendix 3a. Extract of the Status Reports of the Fisheries and Aquatic Resources

of Western Australia for the Marine Aquarium Fish Managed Fishery 2016/17

Appendix 3b. Extract of the Status Reports of the Fisheries and Aquatic Resources of Western Australia for the Marine Aquarium Fish Managed Fishery 2017/18

Appendix 3. Summary of harvest of CITES listed speciesAppendix 4. Marine Aquarium Fish Resource of Western Australia - Harvest

Strategy 2018 – 2022Appendix 5. Ecosystem-Based Fisheries Management (EBFM) Risk Assessment

of the Marine Aquarium Fish Managed Fishery’

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Appendix 1Map of the Marine Aquarium Fish Managed Fishery

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Appendix 4Summary of harvest of CITES listed species

NDF limit SOFAR Species Category Species Scientific Name Unit Of Measure Reported Catch % of NDF Reported Catch % of NDF Reported Catch % of NDF Reported Catch % of NDF Reported Catch % of NDF328 Syngnathid Hippocampus angustus N 66.00 20 48.00 15 27.00 8 50.00 15 34.00 102000 Syngnathid Hippocampus subelongatus N 140.00 7 172.00 9 169.00 8 249.00 12 119.00 6100 Syngnathid Hippocampus tuberculatus N 5.00 5 2.00 2 0.00 0 1.00 1 0.00 02360 Invertebrates Tridacna maxima N 191.00 8 341.00 14 207.00 9 413.00 18 304.00 13578 Invertebrates Tridacna squamosa N 39.00 7 6.00 1 29.00 5 33.00 6 43.00 7530 Hard Coral Catalaphyllia jardinei Kg 154.10 29 229.50 43 164.70 31 106.50 20 306.20 581555 Hard Coral Duncanopsammia axifuga Kg 318.80 21 505.99 33 375.70 24 382.30 25 313.37 201211 Hard Coral Euphyllia ancora Kg 330.90 27 535.10 44 421.80 35 821.00 68 775.80 641009 Hard Coral Euphyllia glabrescens Kg 277.40 27 362.52 36 290.10 29 467.40 46 752.80 75588 Hard Coral Moseleya latistellata Kg 21.10 4 29.92 5 32.80 6 36.30 6 30.20 51281 Hard Coral Trachyphyllia geoffroyi Kg 180.15 14 279.30 22 272.90 21 528.50 41 326.60 25

2014 2015 2016 2017 2018

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