2016-17

1

Ministerial Statement of Expectation

Annual report for Fisheries Victoria regulation

CONTENTS

................................................................................................................................................................ 1

Executive Summary.............................................................................................................................. 3

Statement of Expectation 2016-17..........................................................................................................3

Fisheries Victoria report......................................................................................................................7

SMALL BUSINESS REGULATORY BURDEN.......................................................................................7

ROLE CLARITY...................................................................................................................................... 7

STAKEHOLDER CONSULTATION AND ENGAGEMENT.....................................................................9

ACCOUNTABILITY AND TRANSPARENCY..........................................................................................9

CLEAR AND CONSISTENT REGULATORY ACTIVITY......................................................................10

FISHERIES VICTORIA COMPLIANCE FRAMEWORK........................................................................10

RISK BASED COMPLIANCE STRATEGY...........................................................................................11

COMPLIANCE RELATED ASSISTANCE AND ADVICE......................................................................12

REGULATOR PERFORMANCE MONITORING..................................................................................12

CONCLUSION...................................................................................................................................... 13

2

EXECUTIVE SUMMARY

On 19 September 2016 the Minister for Agriculture confirmed the Department of Economic Development, Jobs, Transport and Resources’ (DEDJTR/ department) commitment to continuing the improvement of its regulatory performance in the management of fisheries in Victoria and reducing costs faced by Victorian businesses and other regulated parties.

A report has been prepared to report on the Ministerial Statement of Expectations (SOE) 2016-17, in relation to the regulation of Victorian fisheries. The report details outcomes and case studies supporting the achievement of these performance targets.

In 2016-17, regulation of fisheries and aquaculture under the Fisheries Act 1995 was undertaken by Fisheries Victoria, within DEDJTR’s Agriculture and Resources Group. Outlined below is detail on how Fisheries Victoria met the targets for the 2016-17 financial year outlined in the Response to the Ministerial Statement of Expectations.

As of 1 July 2017, Fisheries Victoria became the Victorian Fisheries Authority (VFA). Future SOE reports will be prepared and published by the VFA.

Statement of Expectation 2016-17The department agreed to priorities for improvement through the initiatives outlined below.

Small business regulatory burden

Improvement Initiatives Targets

Fisheries Victoria will actively work with sectors over the next 12 months to seek their input and advice on specific regulatory changes that would reduce their regulatory burden

Identify and document sector-initiated regulatory improvement opportunities by June 2017

Role clarity

Improvement Initiatives Targets

Fisheries Victoria will develop a new Freshwater Fishery Management Plan

Complete draft plan by 31 December 2016

Fisheries Victoria will implement harvest strategies for key Victorian fisheries

Implement abalone harvest strategy by 31 March 2017

Fisheries Victoria will continue delivering Target One Million election commitments

Increase fish stocking to 3.5 million fish by May 2017

Fisheries Victoria will implement a project to quantify total removals for the rock lobster fishery

Report on progress and outcomes by 30 June 2017

Fisheries Victoria will implement improved management arrangements for the wrasse fishery

Implement wrasse licence transferability arrangements by 31 March 2017

Fisheries Victoria will develop a high level strategy Complete by December 2016

3

Stakeholder consultation and engagement

Improvement Initiative Target

Fisheries Victoria will implement a customised regional engagement approach for the rock lobster fishery, as requested by the sector

Implement approach from July 2016

Fisheries Victoria will use new technology solutions to more efficiently engage with all members of the Victorian Aquaculture sector

Implement from July 2016

Accountability and transparency

Improvement Initiative Target

Fisheries Victoria will improve reporting on fisheries stock status and other key indicators of performance in regulating fisheries and aquaculture.

Publish improved performance data on the DEDJTR external website before 30 June 2017

Fisheries Victoria will submit stock assessments for key high value Victorian fisheries to peer review

Ensure 2016-17 rock lobster and abalone stock assessments are peer reviewed

Clear and consistent regulatory activities

Improvement Initiative Target

Fisheries Victoria will commence a detailed review of the Fisheries (Fees, Royalties and Levies) Regulations and Fisheries Regulations in preparation for their sunsetting in 2018 and 2019

Identify improvement focus areas by 30 June 2017

Fisheries Victoria will use cost recovery service schedules to specify services and identify efficiency improvements

Review cost recovered services and performance measures and adjust services and levies as appropriate by 31 March 2017

4

Compliance principles

Fisheries Victoria committed to implementing six principles to guide DEDJTR’s regulatory staff in their interactions with the public. The following elaborated on what stakeholders can expect in these interactions:

Principle What stakeholders can expect

Helpful I can expect to receive appropriate and timely information, advice and assistance to help me understand and meet my compliance obligations

Respectful I can expect to be professionally and respectfully treated by DEDJTR compliance staff at all times

Impartial I can expect to receive fair and honest treatment that is based on the law and consideration of all relevant facts and explicit criteria

Proportionate I can expect my compliance experience to match the relative risk, impact and intent of my behaviour

Predictable I can expect to be able to anticipate my compliance experience based on my behaviour and to be treated the same as any other regulated individual or organisation for equivalent circumstances

Transparent I can expect to easily understand the way in which DEDJTR regulates both industry and community members

Fisheries Victoria committed to the following improvement strategies with respect to the above principles:

Improvement Initiatives Targets

Implement a common complaints management standard for all Fisheries Officers to ensure transparency

Report on outcomes in end of year reporting

Monitor enforcement actions by officers and undertake enforcement action reviews as required

Report on outcomes in end of year reporting

Risk based compliance strategies

Improvement Initiative Target

Fisheries Victoria will fully adopt and comply with the various elements of the DEDJTR compliance framework, as outlined in the SOE

Deliver a risk-based 2017-18 compliance strategy and annual compliance plan by 30 June 2017

Fisheries Victoria will target its compliance effort to the priorities outlined in the Minister’s Statement

Publicly report on progress in addressing these priorities on a quarterly basis via the DEDJTR external website

5

Compliance related assistance and advice

Improvement Initiative Target

Fisheries Victoria will collaborate with other departmental, portfolio and partner agency regulators in compliance planning and delivery

Support the 2017 duck season opening weekend

Collaborate with Marine Safety Victoria on operational delivery initiatives to promote safe fishing and associated activities

Fisheries Victoria will further extend the reach and impact of its education programs through use of web-based and social media approaches

Develop and implement social media specific fisheries education tools on responsible fishing

Regulator performance monitoring

Improvement Initiative Target

Fisheries Victoria will continue to refine its education and enforcement governance model, noting its assessment by VAGO in 2012 as a better practice approach

Implement arrangements to ensure the current education and enforcement governance model is able to be seamlessly merged with new governance structures for the Victorian Fisheries Authority upon its creation

6

FISHERIES VICTORIA REPORT

SMALL BUSINESS REGULATORY BURDEN

Throughout 2016-17 Fisheries Victoria actively worked with fisheries sectors to seek their input and advice on specific regulatory changes that would reduce their regulatory burden, foster improved profitability and assist in delivering the Government’s medium term employment and economic growth objectives.

Identify and document sector-initiated regulatory improvement opportunities by June 2017.

Fisheries Victoria worked with fisheries sectors to seek input and advice on regulatory changes to reduce regulatory burden. This has resulted in a number of regulatory changes that have reduced burden and assisted in achieving fishery management objectives.

ROLE CLARITY

Fisheries Victoria worked with sector stakeholders throughout 2016-17 to improve the fisheries management framework, including through the development of fishery management plans and harvest strategies for priority Victorian fisheries.

Fisheries Victoria also continued to deliver the government’s election commitments to recreational fishers under the Target One Million plan and progressed a number of improvement initiatives with fishing sectors.

Fisheries Victoria successfully achieved the SOE targets with the following:

Develop a new Freshwater Fishery Management Plan by 31 December 2016.

A draft Freshwater Fishery Management Plan was developed and is currently being finalised in consultation with stakeholders.

Implement harvest strategies for key Victorian fisheries, including an abalone harvest strategy by 31 March 2017.

A management plan for the commercial eel fishery has been delivered and is available at: https://vfa.vic.gov.au/commercial-fishing/eels

Harvest strategies for other key Victorian fisheries, including the abalone fishery, are in development.

In 2016-17, Fisheries Victoria also worked closely with industry to develop and implement revised management arrangements, including a harvest strategy, for the Ocean Access (Wrasse) Fishery.

Continue delivering Target One Million election commitments, including increasing fish stocking to 3.5 million fish by May 2017.

3.9 million fish were stocked in Victorian waters in 2016-17.

In 2016, 844,000 trout and salmon fingerlings and young fish were released in Victorian waters. In 2017, 3 million native fish fingerlings were released. It is anticipated that fish stocking will increase to 5 million by 2018.

Further information is available at: https://vfa.vic.gov.au/recreational-fishing/target-one-million/increasing-fish-stocking-to-five-million .

7

An update on the implementation of Target One Million programs is available at: https://vfa.vic.gov.au/recreational-fishing/target-one-million

Implement a project to quantify total removals for the rock lobster fishery.

A tagging program to assist in quantifying the recreational harvest of rock lobster was implemented in June 2017. All recreational fishers are now required to tag the rock lobster they catch and keep as part of a three-year trial program.

Results will inform management approaches for the fishery. Further detail is available at: https://vfa.vic.gov.au/recreational-fishing/tagging-of-recreationally-caught-rock-lobsters

Implement improved management arrangements for the wrasse fishery.

The commercial wrasse fishery (the fishery) extends along the entire length of the Victorian coastline and out to 20 nautical miles offshore, except for marine reserves. Most wrasse is harvested by hook and line although commercial rock lobster fishers who also hold a commercial wrasse licences can keep those fish that they catch in their rock lobster pots.

In 2015, the Minister for Agriculture committed to reviewing the management arrangements for the fishery to provide for the transferability of licences, whilst also ensuring the ongoing sustainability of the fishery.

Licence holders had expressed an interest in making licences transferable for some time, but there were concerns that transferability may lead to mobilisation of a significant amount of latent effort in this fishery, which could have a large and detrimental impact on the sustainability of the fishery.

Fisheries Victoria worked with Seafood Industry Victoria and licence holders throughout 2016 and 2017 to develop proposed management arrangements for the fishery. On 16 March 2017, a workshop was held with industry to discuss transferability of licences and progress development of a harvest strategy for the fishery.

The final Harvest Strategy, available at: https://vfa.vic.gov.au/commercial-fishing/wrasse established management and monitoring arrangements, which would ensure sustainability of the fishery into the future.

Additionally, improvements were made to the logbooks that fishers submit each month, including better species identification, reporting of discard numbers (wrasse discards only, dead or alive) and improved effort reporting. These changes came into effect on 1 April 2017 and will improve the data used to inform management for each species and the fishery in general.

On 1 April 2017, wrasse licences were made transferable in Victoria, delivering on a key commitment by the Minister for Agriculture.

VFA fisheries scientists will continue to work with licence holders to implement improved management arrangements, including a voluntary program whereby management of the fishery is improved by commercial fishers collecting additional data on their catch. This information could include, for example, lengths of retained and discarded catch to evaluate changes in length-frequency and potentially the sex of retained and discarded catch of Bluethroat Wrasse.

Develop a high level strategy.

A high-level strategy for Fisheries Victoria was completed in December 2016.

8

STAKEHOLDER CONSULTATION AND ENGAGEMENT

Working with stakeholders and ensuring they have been engaged in the management of Victoria’s fishing resource continues to be a high priority for Fisheries Victoria. A number of innovative programs and initiatives were established in 2016-17 to allow greater engagement with fishing stakeholders. Fisheries Victoria continued to participate in a range of committees both within fishing sectors and across government, and provided a range of education and information services to assist stakeholders understand their regulatory obligations.

Implement a customised regional engagement approach for the rock lobster fishery, as requested by the sector, from July 2016.

This target was not met because a regional engagement approach was not requested by the sector in 2016-17. Fisheries Victoria however continued its strong ongoing engagement across the sector throughout the year.

Implement new technology solutions to more effectively engage with all members of the Victorian Aquaculture sector from July 2016.

The Aquaculture Unit increased its use of digital methods to engage with all licence holders, including in the development of the new five year Aquaculture Strategy released in April 2017.

ACCOUNTABILITY AND TRANSPARENCY

Fisheries Victoria improved accountability and transparency over 2016-17, particularly in terms of better defining and reporting on key indicators of performance in regulating fisheries and aquaculture.

The following SOE targets have been met:

Publish improved performance data; including reporting on fisheries stock status and other key indicators of performance in regulating fisheries and aquaculture, by 30 June 2017.

Fisheries Victoria published a web-based Victorian fish stock status report in 2016, which brings together the best available information on the status of key Victorian fisheries. It also provides an overview of how fisheries are links to more detailed information. The report is available at: https://vfa.vic.gov.au/operational-policy/publications-and-resources/status-of-victorian-fisheries

Ensure 2016-17 rock lobster and abalone stock assessments are peer reviewed.

Stock assessment reports for the abalone and rock lobster fisheries for the 2016-17 year were peer reviewed. The reports are available at:

https://vfa.vic.gov.au/commercial-fishing/rock-lobster/stock-reports

https://vfa.vic.gov.au/commercial-fishing/abalone

9

CLEAR AND CONSISTENT REGULATORY ACTIVITY

Throughout 2016-17, Fisheries Victoria reviewed and refined approaches to fisheries regulatory activities to ensure the delivery of efficient and effective risk-based regulatory outcomes and to apply the minimum level of regulatory intervention to achieve the outcome sought.

Fisheries Victoria delivered the following SOE targets:

Commence a detailed review of the Fisheries (Fees, Royalties and Levies) Regulations and Fisheries Regulations in preparation for their sunsetting in 2018 and 2019.

Fisheries Victoria has identified a number of improvement focus areas for the detailed review of the Regulations. The VFA will continue to work with DEDJTR in the review of regulations throughout 2017-2019.

Review cost recovered services and performance measures and adjust services and levies as appropriate by 31 March 2017.

A revised prospective cost recovery system has now been fully implemented. Licence renewals notices issued in 2016 reflect the final phasing in of changes to levies under the Fisheries (Fees, Royalties and Levies) Regulations 2008 and subsequent amendments.

Further review of the prospective cost recovery system will occur in 2018 when the new system has been in operation for 4 years. Until then, the current levies will remain in place, increasing only by CPI, or if changes in services are deemed necessary. The practice of reviewing service delivery annually will continue. Further information is available at: https://vfa.vic.gov.au/commercial-fishing/fisheries-cost-recovery

FISHERIES VICTORIA COMPLIANCE FRAMEWORK

Compliance principles

Fisheries Victoria implemented the six principles set out in the 2016-17 SOE to guide regulatory staff in their interactions with the public.

The following elaborates on what stakeholders can expect in these interactions.

Principle What stakeholders can expect

Helpful I can expect to receive appropriate and timely information, advice and assistance to help me understand and meet my compliance obligations

Respectful I can expect to be professionally and respectfully treated by DEDJTR compliance staff at all times

Impartial I can expect to receive fair and honest treatment that is based on the law and consideration of all relevant facts and explicit criteria

Proportionate I can expect my compliance experience to match the relative risk, impact and intent of my behaviour

Predictable I can expect to be able to anticipate my compliance experience based on my behaviour and to be treated the same as any other regulated individual or organisation for equivalent circumstances

Transparent I can expect to easily understand the way in which DEDJTR regulates both industry and community members

10

Fisheries Victoria implemented the following improvement strategy as a means of implementing the principles outlined above:

Implement and report on a common complaints management standard for all Fisheries Officers to ensure transparency.

Fisheries Victoria has implemented a common complaints management standard. Details on how to submit a formal compliment or complaint about a Fisheries Officer is available at: http://vfa.vic.gov.au/enforcement/fisheries-officer-compliments-and-complaints

Monitor and report on enforcement actions by officers and undertake enforcement action reviews as required.

Fisheries Victoria collects data from all Fisheries Officers across the state on their enforcement actions and undertakes a quarterly review process, where the data is assessed for consistency and adherence to policies and procedures.

Exceptions identified through this process are investigated and follow up action initiated with officers as necessary.

Fisheries Victoria also undertook a formal review of a specific offence type (failure to produce a current Recreational Fishing Licence) over a defined time period. The data from this review is being assessed and will inform adjustments to officer training programs and standard operating procedures.

RISK BASED COMPLIANCE STRATEGY

Fisheries Victoria improved its intelligence-led risk-based approach for fisheries education and enforcement over 2016-17. Compliance effort was targeted to areas that achieved optimal levels of compliance with the laws that underpin the sustainable utilisation of Victorian fisheries.

Deliver a risk-based 2017-18 compliance strategy and annual compliance plan by 30 June 2017.

The Compliance Strategy and Plan have been delivered and will guide education and enforcement over the next year.

Publicly report, on a quarterly basis, on progress in targeting compliance effort to the priorities outlined in the 2016-17 SOE, specifically:

o detect, investigate, disrupt and dismantle serious organised fisheries criminal activity, including the black market in high value fish species;

o ensure the accuracy of catch and effort reporting in commercial licence and permit holders, and detect and prevent quota fraud; and

o police peak periods and locations of concentrated non-compliance and high volume activity.

Quarterly compliance performance data for 2016-17 was compiled and published online.

11

COMPLIANCE RELATED ASSISTANCE AND ADVICE

Fisheries Victoria continued to work collaboratively with departmental, portfolio and partner agency regulators throughout 2016-17 and delivered a number of services and operations, which were efficient, consistent and well aligned.

This included the development and implementation of a Shark Hazard Management Procedure, developed in liaison with Emergency Victoria and Lifesaving Victoria and the ongoing development of habitat mapping with the Department of Environment Land, Water and Planning.

Fisheries Victoria also continued to develop and strengthen a range of social media specific tools, including through Facebook and Instagram.

Support the 2017 duck season opening weekend.

Fisheries Victoria provided support during the duck season opening weekend in 2017.

Collaborate with Marine Safety Victoria on operational delivery initiatives to promote safe fishing and associated activities.

Fisheries Victoria worked with Marine Safety Victoria to develop safety initiatives around rock fishing. Guidance in relation to rock fishing safety was published in the Recreational Fishing Guide and online and a range of additional educational material has been developed. Further information on safety initiatives is at: https://vfa.vic.gov.au/recreational-fishing/recreational-fishing-guide/fishing-safety

Develop and implement social media specific fisheries education tools on responsible fishing.

Fisheries Victoria implemented a range of social media initiatives during 2016-17 that promoted responsible fishing, including targeted posts on snapper survival, spiny cray eggs, stingray protection, shark awareness, children’s education and protecting bay health.

REGULATOR PERFORMANCE MONITORING

Fisheries Victoria committed to providing quality assurance, accountability and oversight of regulatory activity throughout 2016-17, including leading up to the creation of the VFA on 1 July 2017.

Implement arrangements to ensure the current education and enforcement governance model is able to be seamlessly merged with new governance structures for the VFA upon its creation.

The current education and enforcement governance model was successfully merged into the VFA as of 1 July 2017.

12

CONCLUSION

Fisheries Victoria addressed the Statement of Expectations during 2016-2017 by increasing accountability and transparency, implementing risk-based regulatory approaches, engaging with industry and the community, and reducing regulatory burden.

Fisheries Victoria remained a contemporary regulatory agency through the introduction of legislative changes to protect Victoria’s fishing resources, as well as meeting community expectations for the management of our fisheries.

The VFA will continue the work undertaken by Fisheries Victoria as an efficient, effective, transparent and inclusive regulatory body, including through the implementation of the 2017-2019 SOE currently in development.

13