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FRDC ESD Reporting and Assessment Subprogram Publication No. 19 FRDC 2004/101 June 2008 Helen Webb and Tony Smith Review of the scope, assessment methods and management responses for Fisheries ESD and EBFM in Australia

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Page 1: Review of the scope, assessment methods and management

FRDC ESD Reporting and Assessment SubprogramPublication No 19

FRDC 2004101June 2008

Helen Webb and Tony Smith

Review of the scope assessment methods and management responses for Fisheries ESD and EBFM in Australia

Author Webb Helen Title Review of the scope assessment methods and management responses for fisheries ESD and EBFM in Australia Helen Webb Tony Smith ISBN 9781921232916 (hbk) Series FRDC Report 2004101 Notes Bibliography Subjects Fishery management--Australia Fisheries--Environmental aspects--Australia Sustainable fisheries--Australia Fishes--Conservation--Australia Marine ecosystem management--Australia Other AuthorsContributors Smith Tony (Anthony David Milne) 1954- Fisheries Research and Development Corporation (Australia) CSIRO Dewey Number 333956170994 copy Fisheries Research and Development Corporation and Commonwealth Scientific and Industrial Research Organisation (2008) This work is copyright Except as permitted under the Copyright Act 1968 (Cth) no part of this publication may be reproduced by any process electronic or otherwise without the specific written permission of the copyright owners Neither may information be stored electronically in any form whatsoever without such permission

The Fisheries Research and Development Corporation plans invests in and manages fisheries research and development throughout Australia It is a statutory authority within the portfolio of the federal Minister for Agriculture Fisheries and Forestry jointly funded by the Australian Government and the fishing industry

Formatteddesigned by [Lousie Bell CSIRO CMAR Hobart Tasmania] Printed by Print Applied Technology Pty Ltd Hobart Tasmania

CONTENTS

ACRONYMS

NON TECHNICAL SUMMARY 71 FRDC Proposal 2004101 74 Review of the scope assessment methods and management responses for Fisheries ESD and EBFM in Australia 74

Background 74 Need 75 Objectives 75 Methods 76 Results 76 Benefits 76 Intellectual property 77 Staff 77

SUMMARY OF REVIEW 78 Introduction 78 Methods 79 Review summary 710 1 A snapshot of experience and approaches since the last review from 1998 to 2006 710

11 Implications and recommendations from the ESD Review 1998 710 12 Work undertaken by ESD subprogram since 1998 review 711 13 Governance and the responses to key issues 714

2 Review of the strategic assessment methods under EPBC Act and management approaches 715

21 Strategic assessment process under the EPBC Act 715 22 Management approach adopted by the fisheries agencies 717

3 Review of the management responses to ESD and EBFM 718

31 The ESDEBFM Survey 718 32 How fisheries management responses have changed with regard to ESDEBFM from 1998-2006 719

33 The status of fisheries management responses to ESDEBFM in 2006 720 34 Further development needs over the next six years from 2006 to 2012 to facilitate the implementation of ESDEBFM 722

40 Recommendations for the most appropriate next steps 725

1 DESKTOP REVIEW OF THE SCOPE OF ESD AND EBFM IN AUSTRALIA 730 11 ESDEBMEBFM review of international agreements policies and defining documents 730

111 Ecological Sustainable Development (ESD) 730

112 Ecosystem Based Management (EBM) the concept 730 113 Ecosystem Based Fisheries Management (EBFM) 731

12 EBFM and other similar approaches to address broader ecosystem issues for fisheries 739

121 Integrated Coastal Management and Large Marine Ecosystems Management 740 122 Multiple Use Management 740 123 Integrated catchment management ndash from land to sea 741 124 Environmental management systems 741 125 Codes of conductpractice 742 126 Accreditation schemes 742 127 Co-management and consultation mechanisms (government agencies industry fisheries) 743 128 ESD subprogram approach to Ecosystem Based Management (EBM) and other related systems 744

13 ESDEBFM in Australia a national response 745 131 Australia regional and bilateral responses 745 132 Australia national response 746 133 NSESD 1992 747 134 Australiarsquos Exclusive Economic Zone (1994) 747 135 Australiarsquos Ocean Policy 748 136 Environment Protection and Biodiversity Conservation (EPBC) Act 1999 751 137 Looking to the future a review of Commonwealth fisheries policy 753 138 Ministerrsquos announcement for Securing our Fishing Future package for Commonwealth fisheries (2005) 753 139 AFMArsquos response to the Ministerrsquos directive 758 1310 Capability and capacity building 759

14 Fisheries policy initiatives and mitigation measures 762 141 Department of Agriculture Fisheries and Forestry 762 142 The Department of the Environment Water Heritage and the Arts 766

15 Australian fisheries management 769 151 AFMA Commonwealth fisheries 769 152 State and Territory fisheries 771 153 EBFM key fisheries management concepts 772

2 REVIEW OF THE ASSESSMENT METHODS OF ESD AND EBFM IN AUSTRALIA 795 21 Review of fishery assessment reports by fishery agencies and by DEWHA for Strategic Assessments under the EPBC Act 795

211 Environment Protection and Biodiversity Conservation (EPBC) Act 1999 795 212 Review of State and Commonwealth submissions to DEWHA 796 New South Wales fisheries 797 Northern Territory fisheries 799 Queensland fisheries 7101 South Australian fisheries 7103 Tasmanian fisheries 7105 Victorian fisheries 7107 Western Australian fisheries 7109 Commonwealth fisheries 7112

213 DEWHA Assessment of fisheries 7115 22 Review and report on the major issues raised from the EPBC strategic assessment process for ESD and EBFM 7117

221 Background 7117 222 Review of the first round of EPBC assessment process 7117 MCCN Survey 7117 223 AFMFDEWHA review lessons learnt and possible future directions 7121 224 Reassessments AFMFDEWHA working group 7125

23 AFMF national research priorities for 2006-08 7125 231 Background 7125 232 National fisheries management research priorities 2006 to 2008 7126

3 REVIEW OF THE MANAGEMENT RESPONSES TO ESD AND EBFM IN AUSTRALIA 7128 31 The ESDEBFM Survey 7128

311 Background 7128 312 Technical 7129 313 Limitations on interpreting results 7129

32 Summary of survey results ndash Section 2 7129 321 Progress towards incorporating ESDEBFM operational measures into policy planning legislation and management arrangements for environmental economic social and governance components 7129 322 Indications of where performance indicators and benchmarks wereare being used for environmental economic social and governance components 7131 323 Levels of confidence in managing the environmental economic social and governance components under ESDEBFM principles 7133

33 Section 3 Survey results 7136 331 Use of assessment and management tools 8136 332 Usefulness of current ESDEBFM reporting frameworks 8137 333 Issues of fitoverlapduplication between fishery policy initiatives bioregional plans Commonwealth and State processes 8139

34 Section 4 survey results 8142 341 The key issueschallenges for implementation of ESDEBFM (environmental economic social governance) 8142 342 What management and assessment tools will need to be available and in routine use by 2012 (environmental economic social governance) 8143 343 Possible bottlenecks for successful implementation of ESDEBFM 8145 344 Cost implications of implementing ESDEBFM for fisheries (both time and money) 8146 345 The data analysis research and decision support needs to properly implement ESDEBFM 8148

35 Section 5 Survey results 8151 351 Recommendations to better achieve ESDEBFM for fisheries in Australia 8151 352 Other comments concerns issues or suggestions concerning the implementation of ESDEBFM 8152

REFERENCES 8154

APPENDIX A REVIEW OF THE ASSESSMENT METHODS OF ESD AND EBFM IN AUSTRALIA 8159

EPBC The structure of the Act 8159 Biodiversity conservation 8159 Enforcement and administration 8159 Environmental assessment and approval 8160 ESD Reporting and review 8160 Enforcement 8160

EPBC Principles and objectives 8161 Principle 1 8161 Principle 2 8162

Assessment of Fisheries 8164 Accreditation Benchmarks for the Environmental Assessment of Fisheries 8165 Terms of Reference for Environmental Assessment of Fisheries 8165 Fishery agency submissions and DEWHA assessments 8168 State Fisheries 8170 New South Wales Fisheries 8170 The NSW Abalone Fishery an example 8171 Part 1 NSW DPI Submission to DEWHA (September 2005) 8171

NSW DPI submission to DEWHA in more detail 8172 Legislation Acts 8173 Management 8173 Assessment 8175 Monitoring and Performance 8178 Reporting 8181 Research 8181 Consultation 8182 Supporting documentsreports (NSW DPI) 8183 References 8183

Part 2 DEWHA Assessment Abalone Fishery 8184 Northern Territory Fisheries assessments 8188 NT Spanish Mackerel Fishery an example 8188 Part 1 NT DPIFM submission to DEWHA (May 2002) 8188

NT DPIFW Submission to DEWHA in more detail 8189 Legislation Acts 8189 Management 8190 Assessment 8191 Monitoring performance indicators and trigger points 8192 Reporting 8195 Research 8195 Consultation 8197 Supporting documentsreports (NT DPIFM) 8197 References 8197 Part 2 DEWHA assessment of the NT Spanish Mackerel Fishery 8198

Queensland fisheries 8201 The QLD Coral Reef Fin Fish Fishery an example 8201

Part 1 QLD DPI submission to DEWHA (19 July 2005) 8201 QLD (DPI) submission to DEWHA in more detail 8203 Legislation Acts 8203 Management 8204 Assessment 8207 TEP 8209 Monitoring and Performance 8210 Reporting 8212 Research 8213 Consultation 8214 Supporting documentsreports (QLD DPI) 8215 References 8215 Part 2 DEWHA Assessment of the QLD Coral Reef Fin Fish Fishery 8216

South Australian fisheries 8220 The SA Lakes and Coorong Fishery an example 8220 Part 1 SA PIRSA submission to DEWHA (September 2005) 8220

SA (PIRSA) submission to DEWHA in more detail 8222 Legislation Acts 8222 Management 8222 Assessment 8226 Monitoring and performance 8229 Reporting 8244 Research 8245 Consultation 8245 Supporting documentationreports 8246 References 8246

Part 2 DEWHA assessment SA Lakes and Coorong fishery 8248 Tasmanian fisheries 8251 The Tasmanian Giant Crab Fishery an example 8251 Part 1 TAS (DPIW) submission to DEWHA (April 2006) 8251

TAS (DIPW) submission to DEWHA in more detail 8253 Legislation Acts 8253 Management 8253 Assessment 8256 Monitoring 8260 Reporting 8262 Research 8263 Consultation 8263 Reportssupporting documentation 8264 References 8264

Part 2 DEWHA Assessment Giant Crab Fishery Department of the Environment and Heritage assessment report (July 2006)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip 8266 Victorian fisheries 8270 The VIC Abalone Fishery an example 9270 Part 1 VIC (DPI) submission to DEWHA (April 2001) 9270

VIC (DPI) submission to DEWHA in more detail 9272 Legislation Acts 9272 Management 9272 Assessment 9274 Monitoring and performance 9277 Reporting 9283

Research (source Victorian Abalone Fishery Management Plan (March 2002) 9283 Consultation 9284 Supporting documentsreports (VIC DPI) 9285 References 9285

Part 2 DEWHA Assessment 9286 Western Australian Fisheries 9289 The WA Fisheries Western Rock Lobster Fishery an example 9289 Part 1 WA fisheries submissions to DEWHA (October 2001) 9289

WA Fisheries submission to DEWHA in more detail 9291 Legislation Acts 9292 Management 9293 Assessment 9295 Monitoring and performance 9297

OVERVIEW TABLE examples 9299 Reporting 9303 Research 9304 Consultation 9305 Supporting documentsreports 9306 References 9307

Part 2 DEWHA Assessment 9308 Commonwealth fisheries 9312 AFMA Eastern Tuna and Billfish Fishery an example 9313 Part 1 Commonwealth (AFMA) submission to DEWHA 9313

AFMA submission to DEWHA in more detail 9314 Legislation 9314 Management 9315

Assessment 9323 Monitoring and performance 9325 Reporting 9329 Research 9329 Consultation 9332 Supporting documents and reports 9333 References 9333

Part 2 DEWHA assessment of the fishery 9334

APPENDIX B REVIEW OF THE MANAGEMENT RESPONSES TO ESD AND EBFM IN AUSTRALIA 9341

Survey analysis and results 9341 The ESDEBFM Survey 9341 Section 2 Survey results 9342 Section 3 Survey results 9353 Section 4 Survey results 9362 Section 5 Survey results 9371 Nominated Participants by jurisdiction invited to participate in the Survey 9377 ESDEBFM Survey Questions 9380

ACKNOWLEDGEMENTS 9387

ACRONYMS

ABARE Australian Bureau of Agricultural and Resource Economics AFMA Australian Fisheries Management Authority AFMF Australian Fisheries Management Forum AFZ Australian Fishing Zone ALGA Australian Local Government Association AMCS Australian Marine Conservation Society BAPs Bycatch Action Plans BRS Bureau of Rural Science BSCZSF Bass Strait Central Zone Scallop Fishery CAR Comprehensive Adequate and Representative CBD Convention on Biological Diversity

CCAMLR Convention on the Conservation of Antarctic Marine Living Resources

CCI Coastal Catchments Initiative CCSBT Conservation of Southern Bluefin Tuna CFA Commercial Fishers Association CMR Commonwealth Marine Reserves CPUE Catch Per Unit Effort CSA Canadian Standards Association CSIRO Commonwealth Scientific and Industrial Research Organisation DAFF Department of Agriculture Fisheries and Forestry DEWHA Department of the Environment Water Heritage and the Arts DoFWA Department of Fisheries Western Australia DPI Department of Primary Industries DPIampF Department of Primary Industries and Fisheries EA Ecosystem Approach EAF Ecosystem Approach to Fisheries EBFM Ecosystem Based Fisheries Management EBM Ecosystem Based Management ECDZ East Coast Deepwater Zone EEZ Exclusive Economic Zone EIAs Environmental Impact Assessments EIS Environmental Impact Statements EMA Ecosystem Management Approach EMAS European Eco-Management and Audit Scheme EMS Environmental Management System EPAP Ecosystem Principles Advisory Panel EPBC Environment Protection and Biodiversity Conservation ERACF Ecological Risk Assessment for Commonwealth Fisheries ERAs Ecological Risk Assessments ERM Ecological Risk Management ESD Ecologically Sustainable Development ESDRA Ecologically Sustainable Development Reporting and Assessment FAO UN Food and Agriculture Organisation FEPs Fisheries Ecosystem Plans FFA Forum Fisheries Agency FMCs Fishery Management Committees FMPs Fishery Management Plans FMS Fishery Management Strategy FRABs Fisheries Research Advisory Board

FRDC Fisheries Research and Development Corporation FRRF Fisheries Resource Research Fund FV Fisheries Victoria GABTF Great Australian Bight Trawl Fishery GHATF Gillnet Hook and Trap Fishery GIS Geographical Information Systems HSMPAs High Seas Marine Protected Areas ICAG Intergovernmental Coastal Advisory Group ICM Integrated Coastal Management ICZM Integrated Coastal Zone Management IISD International Institute for Sustainable Development IMCRA Integrated Marine and Coastal Regionalisation for Australia IOM Integrated Oceans Management IOTC Indian Ocean Tuna Commission IPOA International Plans of Action ISO International Organisation for Standardisation ITQs Individual Transferable Quotas LME Large Marine Ecosystems MACC Marine and Coastal Committee MACs Management Advisory Committees MCCN Marine and Coastal Community Network MPAs Marine Protected Areas MSC Marine Stewardship Council MSE Management Strategy Evaluation MSY Maximum sustainable Yield MUM Multiple Use Management NES National Environmental Significance NGOs Non Government Organisations NPF Northern Prawn Fishery NPOA National Plans of Action NRMMC National Resource Management Ministerial Council NRMSC National Resource Management Standing Committees NRPPC The Natural Resource Policies and Programs Committee NRSMPA National Representative System of Marine Protected Areas NSESD NationalStrategy for Ecologically Sustainable Development NSSG National Seal Strategy Group NWQMS 0National Water Quality Management Strategy OCS Offshore Consitutional Settlement OSY Optimum sustainable Yield RAGs Research Assessment Groups RFBs Regional Fisheries Boards RSPs Regional Seas Programs SAGs Scientific Advisory Groups SCFA Standing Committee on Fisheries and Aquaculture SEA Strategic Environmental Assessments SESSF Southern and Eastern Scalefish and Shark Fishery SETF South East Trawl Fishery SoE State of the Environment SPREP South Pacific Regional Environment Programme TAC Total Allowable Catch TAE Total Allowable Effort TAPs Threat Abatement Plans TEPs Threatened Endangered and Protected species

UNCED United Nations Conference on Environment and Development UNCLOSC United Nations Convention on the Law of the Sea UNFSA United Nations Fish Stocks Agreement VIT Victorian Inshore Trawl VMS Vessel Monitoring Systems WCPFC Western and Central Pacific Fisheries Commission WECD World Commission on Environment and Development WRL Western Rock Lobster WSSD World Summit on Sustainable Development WTO Wildlife Trade Operations WWF World Wildlife Fund

NonTechnical Summary 1

NON TECHNICAL SUMMARY

Review of the scope assessment methods and management responses for Fisheries Ecologically Sustainable Development (ESD) and Ecosystem Based Fisheries Management (EBFM) in Australia Fisheries Research and Development Corporation (FRDC) Report 2004101 Principal Investigator Helen Webb Research Scientist CSIRO Division of Marine Research GPO Box 1538 Hobart TAS 7001 Tel 03 6232 5003 Fax 03 6232 5053 Objectives 1 Compare and contrast the scope principles and criteria of fisheries ESD

and EBFM

2 Review and report on the major issues raised from the Environment Protection and Biodiversity Conservation (EPBC) strategic assessment process for ESD and EBFM and implications for research and development

3 Review the recent developments in fishery assessment methods indicators and benchmarks used in Fisheries ESDEBFM assessments and their state of development and develop agreed directions on future assessment processes by end users (ie fishery regulators and DEWHA)

4 Review the response by fishery management agencies and Fisheries Research Advisory Board (FRABs) to the fisheries ESDEBFM assessment methods their status development and future directions and identify gaps and implications for research and development

5 Identify possible bottlenecks for implementation and cost implications to fisheries

6 Develop and deliver presentations and lsquoplain Englishrsquo written summaries of the results of the review to Commonwealth and State fisheries depts and other relevant Commonwealth agencies

Background In 1997 the FRDC Board initiated a review of ESD application across jurisdictions (FRDC Project 98168) and later worked with the Standing Committee on Fisheries and Aquaculture (SCFA) to develop a national approach to ESD in fisheries Following on from this project the FRDC Board suggested that a national review be conducted of the scope assessment methods and management responses for Fisheries ESD and EBFM and to clarify understanding of the relationship between fisheries ESD and other similar approaches or terms This review would provide an opportunity to repeat the national lsquosnapshotrsquo of experience and approaches across jurisdictions (provided by Project 98168) for the period from 1998 to 2006

2

Summary of Implications and Recommendations for Research and Development A key finding of this study is a widespread view that there is an ongoing need for a national forum to coordinate approaches to EBFM Such a national forum should bring together a range of stakeholders involved in the development and implementation of EBFM including fishery managers industry environmental agencies and Non Government Organisations (NGOs) and various disciplinary experts The need for and focus of such a national forum is categorised under the following four headings

Coordination and consistency

The need for improvements in coordination and consistency in approach across fisheries jurisdictions and departments was a key finding of this review

bull Apply to the extent possible a consistent approach to EBFM across all jurisdictions to coordinate management of shared resources and cumulative impacts and to assist in national reporting

bull Coordinate and collaborate across fisheries and between jurisdictions to optimise research and development costs and time

bull Integrate and streamline where possible processes and reporting requirements to overcome the identified issues of fit overlap and duplication

bull Identify regional marine planning (State and Commonwealth) requirements and explore whether it would be worthwhile to amend current ESDEBFM reporting frameworks to accommodate these needs and

bull Work with Department of the Environment Water Heritage and the Arts (DEWHA) to ensure fisheries-relevant and consistent approaches to strategic assessments

Tools development

There are considerable variations in use of assessment and management tools by ESD components and variations within and between jurisdictions in use of assessment and management tools

bull Develop a plan for further development of indicators and reference points focusing first on those areas where least progress has been made The general pattern for application use and confidence by component from highest to lowest was

- target species - byproduct bycatch TEPs species and governance as a group - habitats ecosystemscommunities and economic as a group - social component

bull Develop a suite of tools (tool box) for monitoring assessment and decision support spanning from rapid qualitative methods through to full quantitative approaches and

NonTechnical Summary 3

bull Clarify why there is a difference in perception between researchers and managers on the adoption of tools for EBFM

Resources and capacity

A key issuechallenge for implementation of ESDEBFM across all jurisdictions is the need for adequate resources (funding and people) and data analysis research and decision support

bull Identify efficient and cost-effective solutions to address data information research and decision support needs and

bull Provide a framework that allows effective prioritisation across competing demands for resources to support implementation of ESDEBFM

Training and communication

Closely linked to capacity is the need for education and training for fisheries managers industry and researchers to enable them to develop a set of skills that better match the expected roles and responsibilities necessary for implementing EBFM

bull Expand existing training programs both at tertiary level and for current fisheries managers peak bodies and advisory groups to meet specific needs of implementing ESDEBFM and

bull Build on lessons learned from ESD Sub-program to improve communication of principles and practice of ESDEBFM

Implementation of these recommendations would require careful coordination at two levels First the continuation of a high level national process and forum involving key stakeholders in policy management industry environmental NGOs and key government agencies Second a smaller adequately resourced and more dedicated team tasked with implementation and coordination of key recommendations Such an approach is most likely to address the issue of consistency of processes and approaches within and between jurisdictions make best use of limited funding for the development of tools and meeting data and research needs identify capacity shortfalls and bottlenecks and create a coherent way forward within realistic timeframes

4

FRDC Proposal 2004101

Review of the scope assessment methods and management responses for Fisheries ESD and EBFM in Australia

Background

There has been increasing focus and emphasis on the ecological sustainability of human development including development involving fisheries in the last several decades However in the last decade a potentially confusing range of different names and concepts are being used to describe and guide this The concept and term sustainable development originated in the World Commission on Environment and Development (1984-1987) and meant development that meets the needs of the present without compromising the ability of future generations to meet their own needs In Australia this concept was elaborated in the early 1990s and adopted as Ecologically Sustainable Development (ESD) The principles of ESD have been agreed on by all governments in Australia through the Intergovernmental Agreement on the Environment They are included in the fisheries management legislation of all Australian jurisdictions and they are the basis of assessments of fisheries under the Australian Environment Protection and Biodiversity Conservation Act 1999 (EPBC) In the last few years however individual nations and international agreements that include Australia have developed different names and approaches to address sustainable development and to ensure that broad ecological considerations are included in fishery management For example the Ecosystem Principles Advisory Panel (EPAP1999) provided definitions and principles for Ecosystem Based Fishery Management (EBFM) and this term is widely used internationally and by environmental NGOs (eg World Wildlife Fund (WWF) 2002) The Reykjavik Declaration on Responsible Fisheries in the Marine Ecosystem (2002) endorsed the Ecosystem Approach to Fisheries (EAF) and the UN Food and Agriculture Organisation (FAO 2003) provided agreed definitions and guidance on EAF for fishery management plans and implementation The approaches developed through implementation of Australiarsquos Oceans Policy emphasise the Ecosystem Based Management (EBM) as providing the goals of management and Integrated Oceans Management (IOM) as providing the mechanisms and governance for management The Marine and Coastal Committee is currently developing nationally agreed goals and frameworks for IOM in both coastal and oceanic regions including in a fisheries context the integrated management of different fisheries in the same region So in relation to fisheries management the terms ESD EBFM EAF EBM and IOM are all in active circulation and there is both actual and potential confusion about exactly how they relate or differ

Against this background Australia now has considerable experience with reporting assessment and management of fisheries against ESD objectives In 1997 the FRDC Board initiated a review of ESD application across jurisdictions (FRDC Project 98168) and later worked with the Standing Committee on Fisheries and Aquaculture (SCFA) to develop a national approach to ESD in fisheries As a result a major project was established (FRDC Project 2000145) to develop and road-test a national ESD reporting framework and methodology The road-test involved fisheries from all jurisdictions and all of the major fishery types The ESD Reporting project (Project

FRDC proposal 5

2000145) has developed and made available a number of products including a reporting framework and a lsquohow torsquo guide (see wwwfisheries-esdcom) on its use The approach has been used by several Australian fishery jurisdictions particularly Western Australia and the Marine and Coastal Committee (MACC) recently endorsed the method for use A follow up project (FRDC 2002086) was funded to develop a project to turn the reporting framework into an assessment framework

The resulting proposal ldquoNational ESD in fisheries ndash integration and assessmentrdquo was submitted but not funded Instead the FRDC Board suggested that a national review be conducted of the scope methods and management responses in relation to the experience with ESD assessments and to clarify understanding of the relationship between fisheries ESD and other similar approaches or terms This suggested review would provide an opportunity to repeat the national lsquosnapshotrsquo of experience approaches and intentions provided by Project 98168 but with a great deal more experience to review

Need

In the past about six years there has been a huge investment in developing and conducting ESD reports and assessments and in management actions to implement fisheries ESD This includes ESD reporting assessment and management by the fishery agency in each jurisdiction and from the ESD assessments conducted by the Department of the Environment Water Heritage and the Arts (DEWHA) to implement the EPBC Act Many approaches have been tried and many fisheries have been involved While this experience is somewhat scattered it provides practical guidance about the scope of fisheries ESD the assessment methods the indicators and benchmarks the management responses the research and development needs and response and bottlenecks to progress in implementation In addition the last few years has seen a proliferation of names and concepts develop in relation to addressing the broader ecosystem issues of fisheries

Fisheries agencies individually and collectively through the MACC and the Australian Fisheries Management Forum are seeking clarity on the scope of fisheries ESD in relation to other concepts and terms that bring broader ecosystem considerations into fisheries And they are actively considering the most appropriate next steps in the evolution and achievement of ESD be it consolidation on some or all of the current approaches andor development of new approaches The project proposed here will review the current experience to inform that decision making

Objectives

1 Compare and contrast the scope principles and criteria of fisheries ESD and EBFM

2 Review and report on the major issues raised from the EPBC strategic assessment process for ESD and EBFM and implications for research and development

3 Review the recent developments in fishery assessment methods indicators and benchmarks used in Fisheries ESDEBFM assessments and their state of development and develop agreed directions on future assessment processes by end users (ie fishery regulators and DEWHA)

6

4 Review the response by fishery management agencies and FRABs to the fisheries ESDEBFM assessment methods their status development and future directions and identify gaps and implications for research and development

5 Identify possible bottlenecks for implementation and cost implications to fisheries

6 Develop and deliver presentations and lsquoplain Englishrsquo written summaries of the results of the review to Commonwealth and State fisheries depts and other relevant Commonwealth agencies

Methods

1 Desktop review of the scope of ESD and EBFM in Australia Review of international and national agreements policies and defining documents Review concepts and approaches in Commonwealth and State fisheries departments and other relevant Commonwealth agencies (eg DEWHA) Outcomes from the desktop review will be documented 2 Desktop review of the assessment methods of ESD and EBFM in Australia Review of Strategic Assessments under the EPBC Act Fishery assessment reports by fishery agencies submitted to DEWHA Assessment by DEWHA of the fishery submissions and the Ministerial decision conditions and recommendations Outcomes from the desktop review will be documented 3 Review of the management responses to ESD and EBFM in Australia Review of fishery management agency research agency and FRDC responses The review would be on the basis of compiling and reviewing the key documentation and a survey Identify a possible strategic approach to achieve EBFM for fisheries in Australia Outcomes from the desktop review and survey will be documented

Results

During the course of the project the consultation processes with the ESD subprogram as key end users will include presentingproviding reports to the ESD subprogram atfor their steering committee meetings to facilitate sign off on the final product Presentations will be made to all relevant agencies Drafts of the final report will be provided to all fishery regulatory agencies and DEWHA for review comment and agreement including specific recommendations for inclusion in the final report Final presentations and written material will be made available through the ESD subprogram website

Benefits

Improved understanding of the status approach and application of EBFM in all of Australiarsquos jurisdictions Commonwealth states and territories Provide clarity on the scope of fisheries ESD and EBFM and in relation to other concepts and terms that bring broader ecosystem considerations into fisheries and an understanding of the fishery management response to ESD and EBFM nationally and in each jurisdiction and the flow of benefits to all Commonwealth and State and Territory fisheries

FRDC proposal 7

Intellectual property

There is no owned intellectual property in this report

Staff

Principal Investigator Helen Webb Scientist EBFM Tony Smith Senior Scientist EBFM

8

SUMMARY OF REVIEW

Introduction The concept and term lsquosustainable developmentrsquo originated in the World Commission on Environment and Development (1984 to 1987) and meant development that meets the needs of the present without compromising the ability of future generations to meet their own needs In Australia this concept was elaborated in the early 1990s and adopted as Ecologically Sustainable Development (ESD) The National Strategy for ESD (NSESD) was released in 1992 and since then Ecologically Sustainable Development (ESD) has been the accepted basis for management of natural resources in Australia The goal of the NSESD is lsquodevelopment that improves the total quality of life both now and in the future in a way that maintains the ecological processes on which life dependsrsquo Ecological Sustainable development (ESD) has been accepted as the foundation for the management of natural resources in Australia since 1992 During the 1990s all Australian governments incorporated the goals and principles of ESD into new or amended fisheries Acts

Since then internationally the concept of Ecosystem Based (EBM) and Ecosystem Based Fisheries Management (EBFM) has been introduced The Reykjavik Declaration on Responsible Fisheries in the Marine Ecosystem (2002) endorsed the Ecosystem Approach to Fisheries (EAF) and the FAO (2003) provided agreed definitions and guidance on EAF for fishery management plans and implementation Two key outcomes from 2002 World Summit on Sustainable Development (WSSD) were to encourage the application by 2010 of the ecosystem approach for the sustainable development of the oceans and on an urgent basis and where possible by 2015 maintain or restore depleted fish stocks to levels that can produce the maximum sustainable yield

According to the FAO (2003) Ecosystems Approach to Fisheries (EAF) builds on the concept of sustainable development Pitkich et al (2004) view the overall objective of EBFM is to sustain healthy marine ecosystems and the fisheries they support To achieve this objective EBFM will need to avoid degradation of ecosystems environmental quality and systems minimise the risk of irreversible changes to natural species assemblages and ecosystem processes to balance long-term socio economic benefits without compromising ecosystems develop an understanding and knowledge of ecosystem responses to the impacts of human activities and under circumstances where knowledge and understanding is limited robust and precautionary fishery management measures should be to applied

In response to these international initiatives Australiarsquos Oceans Policy was released in 1998 The policy provides a framework for integrated and ecosystem based planning and management of Australiarsquos oceans and fisheries In 2005 the Australian Government brought its programs of regional marine planning directly under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) The plans will be known as Marine Bioregional Plans to reflect the part of the EPBC Act under which they will be established This initiative gives new impetus for the implementation of Australiarsquos Oceans Policy by streamlining the planning process and providing greater guidance about marine environment conservation priorities The

Summary of review 9

process includes the identification and establishment of marine protected areas (MPAs) in the Commonwealth managed waters around Australia (which excludes the coastal waters managed by the states and Northern Territory)

The Environment Protection and Biodiversity Conservation (EPBC) Act 1999 commenced on 16 July 2000 The aim of the Act is to provide an effective framework for environmental protection and conservation of Australian biodiversity It enables the Commonwealth states and territories to take a national approach to environmental protection and biodiversity conservation The Commonwealth takes responsibility for leadership on the environment and the states take responsibility for delivering on-ground resource management The legislation provides a framework that will enable the Australian Government to ensure that any harvesting of marine species is managed for ecologically sustainability

In 2005 Ministerrsquos announcement for Securing our Fishing Future package for Commonwealth fisheries The $220 million Securing our Fishing Future package was announced in November 2005 and was designed to deliver profitable and sustainable Commonwealth fisheries for the future The package included three key features

bull The 1Australian Fisheries Management Authority will introduce new fisheries management actions to ensure Commonwealth-managed fisheries remain sustainable 2Future Operating Environment for Commonwealth Fisheries

bull The Marine Protected Areas (MPAs) in the South-East Marine Region which have been developed by the 3Department of the Environment and Heritage to protect marine biodiversity and

bull Department of Agriculture Fisheries and Forestry (DAFF) is responsible for the development of policy and administration of the $220 million 4fisheries structural adjustment package This includes elements of the Securing our Fishing Future package such as Business Exit Assistance Business Advice Assistance Assistance for Skippers and Crew Onshore Business Assistance Fishing Community Assistance and the AFMA Levy Subsidy

Methods In 1997 the FRDC Board initiated a review of ESD application across jurisdictions (FRDC Project 98168) the result from that project was the report Current use and development of sustainability indicators to measure performance of Australian fisheries against ESD objectives This review of the scope assessment methods and management responses for Fisheries ESD and EBFM in Australia was requested by FRDC and is a follow up study to Project 98168 to compare (1998 benchmark) and contrast the scope principles and criteria of fisheries ESD and EBFM

The review was undertaken in three parts as follows

bull Desktop review of the scope of ESD and EBFM in Australia bull Desktop review of the assessment methods of ESD and EBFM in Australia and bull Survey review of the management responses to ESD and EBFM in Australia

10

A milestone report was prepared for each of the three reviews and was forwarded to the ESD Working Group for review and comment Progress on the project was also presented at the ESD Working Groups meetings

Review summary The review summary is presented in this section and will provide

1 A snapshot of experience and approaches since the last review from 1998 to 2006 bull Implications and recommendations for the ESD review 1998 bull Work undertaken by ESD subprogram since 1998 review bull Governance and responses to key issues and bull How fisheries management responses have changed with regard to

ESDEBFM within jurisdictions from 1998 to 2006

2 Review of strategic assessments under EPBC Act bull Strategic assessment process under the EPBC Act bull Management approach adopted by the fisheries agencies and bull Monitoring performance indicators decision rules

3 The status of fisheries management responses to ESDEBFM within jurisdictions in 2006 bull Use of assessment and management tools bull Usefulness of current ESDEBFM reporting frameworks and bull Issues of fitoverlapduplication between fishery policy initiatives

bioregional plan Commonwealth and State processes Further development needs over the next six years from 2006 to 2012 to facilitate the implementation of ESDEBFM bull Management and assessment tools needed to be available and in routine use

by 2012 bull The key issueschallenges for implementation of ESDEBFM and bull Other considerations

4 Recommendations for the most appropriate next steps

1 A snapshot of experience and approaches since the last review from 1998 to 2006

11 Implications and recommendations from the ESD Review 1998 Two outcomes from the 1998 review were suggested and recommended Firstly a need for a nationally coordinated research and development program on sustainability indicators The main aims of the program would be to develop the options for sustainability indicators and guidelines for their use that were acceptable to all

Summary of review 11

jurisdictions Secondly the development of a FRDC subprogram or similar for the coordination of initiatives across existing FRDC subprograms and to support a national research and development program The research and development program combined with SCFA processes would develop the guidelines and options for indicators and also the mechanisms for continuous learning The scientific content of the guidelines and options should be peer-reviewed nationally or if necessary internationally Four main areas needing research and development were frequently cited during the review These were

bull Define terminology and framework for indicators of ESD performance bull Capture experience nationally and internationally bull Develop guidelines for using of sustainability indicators and bull Develop and test options for sustainability indicators

12 Work undertaken by ESD subprogram since 1998 review The National fisheries ESD website (5httpwwwfisheries-esdcom) provides information on what is Ecologically Sustainable Development (ESD) or sustainable development (SD) by explaining the important aspects of ESD

bull 6Short History and Origins of ESD bull 7ESD and the Australian Government bull 8ESD and Fisheries bull 9ESD and Environmental Management Systems (EMS) and bull 1ESD Ecosystem Based Management (EBM) and other related systems

implementing ESD To demonstrate that ESD is being addressed requires an appropriate conceptual framework that maps out

bull How the general ESD objectives will be applied in the fisheries context bull The scope of the issues that will be addressed and bull How progress will be reported and assessed

A number of projects funded by the FRDC have been completed in developing conceptual frameworks and to assist with the implementation of ESD for fisheries and aquaculture These include projects to

bull develop reporting methods for ESD bull provide the tools to industry to improve their environmental performance bull assist the fishing industry to apply these tools and bull develop methods for ESD assessment

Guides

A comprehensive 1How to Guide has been completed for reporting on ESD for fisheries This was based upon a series of case studies completed in most jurisdictions and covering a wide variety of fisheries The information gathered in these case studies has also been published in a 1Technical Support Summary The work on concentrated on developing an assessment manual that summarised what was currently considered

12

acceptable andor Best Practice performance for the main types of species and fisheries operating in Australia The ESD Assessment Manual for Wild Capture Fisheries was completed in October 2003 A Social Assessment Handbook was also completed and released in July 2005

The intention was that the national reporting framework would be progressively applied to all Australian fisheries and become an integral part of fisheries management Although the primary goal was to assist and improve fisheries management the reporting framework is also intended to address an increasing number of environmental and other requirements imposed by legislation certification schemes and consumer and community demands

Risk assessment

Some form of risk assessment is used to make all management decisions This includes what needs to be managed and how much effort should be focused towards achieving adequate performance and avoiding undesirable events Initiatives such as ESD increased the requirement to use more formal techniques to complete these assessments due to the large number of potential issues and the impossibility of gaining a perfect understanding for any of these Added to this is the increased public scrutiny over the decisions made by natural resource managers Consequently the ESD Framework includes a qualitative risk assessment process to ensure that additional management actions and monitoring systems are implemented where necessary and only to an appropriate level

The Seafood Environmental Management System for the Fishing Industry

The lsquoSeafood EMSrsquo was a FRDC funded project completed by Seafood Services Australia Ltd (2005) It was designed to assist the fishing industry develop their own Environmental Management Systems (EMS) This system is based upon the National ESD framework and was designed to compliment this activity The system includes the tools that enable industry participants to achieve and demonstrate continual improvement in their environmental social and economic performance

Relationship of National ESD Reports with other reporting requirements

Changes to the legislation (or regulations) of Commonwealth agencies and non-fishery agencies within some jurisdictions also requires fisheries activities to be assessed against various aspects of ESD In addition there has been an increased focus on the potential for eco-labelling in the development or maintenance of (export) markets Consequently there are a large number of reasons why ESD assessments need to be completed but an even greater need to ensure that the reporting schemes developed are sufficiently comprehensive

The changes made to Commonwealth environmental legislation that has implications for fisheries as follow The change to the Wildlife Protection (Regulation of Exports and Imports) Act 1982 (which is now part of the revised Environment Protection and Biodiversity Conservation Act 1999) has resulted in the marine fish species which were previously exempt from any requirements under this legislation now having to undergo environmental assessment to determine if they can continue to be exported

Summary of review 13

Strategic assessment submissions to DEWHA are required against a set of guidelines for sustainable fisheries To assist completion of an assessment to DEWHA a useful method is to use the National ESD report as the general profile of the fishery and include a relatively short application to DEWHA as a lsquofront-endrsquo that specifically addresses each of their guidelines principles and objectives A generic DEWHA application lsquofront-endrsquo has been drafted This can be modified according to the specific circumstances of the fishery It is important to note that completing this application to Environment Australia should be a relatively quick activity if a National ESD report has already been completed

Ecologically Sustainable Development Glossary

Ecologically Sustainable Development (ESD) is a complex issue that is made more confusing by its large reliance on specialised terminology Therefore the development of standard definitions for ESD terms was considered necessary for the successful implementation of ESD reporting and assessment The Standing Committee on Fisheries and Agricultures Working Group and the ESD Reporting and Assessment Reference Group agreed on a set of definitions developed by the Bureau of Rural Sciences which are available on the website (httpwwwfisheries-esdcomcglossaryindexcfm)

Ecologically Sustainable Development publications

The Ecologically Sustainable Development publications that support the implementation of ESD are listed below and can be found on the national website 1httpwwwfisheries-esdcomcpubsindexcfm 1 Fletcher W J Chesson J Fisher M Sainsbury KJ Hundloe T Smith ADM and B Whitworth (2002) National ESD Reporting Framework for Australian Fisheries The lsquoHow Torsquo Guide for Wild Capture Fisheries FRDC Project 2000145 Canberra Australia 120pp

2 Whitworth B Chesson J Fletcher WJ Sainsbury KJ Fisher M Hundloe T and ADM Smith (2002) National ESD Reporting Framework for Australian Fisheries Technical Support Document ndash Ecological Components of the 20002001 Case Studies FRDC Project 2000145 Canberra Australia 98pp

3 Fletcher W J Chesson J Fisher M Sainsbury KJ Hundloe T Smith ADM and B Whitworth (2003) National Application of Sustainability indicators for Australian fisheries Final Report FRDC Project 2000145 48pp

4 Fletcher WJ Chesson J Sainsbury KJ Hundloe T Fisher M (2003) National ESD Reporting Framework for Australian Fisheries The ESD Assessment Manual for Wild Capture Fisheries FRDC Project 2002086 Canberra Australia 163pp

5 Fletcher WJ Chesson J Sainsbury KJ Fisher M amp T Hundloe (2004) A flexible and practical framework for reporting on sustainable development for wild capture fisheries Fisheries Research 71175-183

6 Fletcher WJ Chesson J Fisher M Sainsbury KJ and Hundloe TJ (2004) National ESD Reporting Framework The How To Guide for Aquaculture FRDC Project 20001451 Canberra Australia 85pp

7 Schirmer J and Casey AM 2005 Social Assessment Handbook A guide to methods and approaches for assessing the social sustainability of fisheries in Australia FRDC ESD Reporting and Assessment Subprogram Publication No 7 Fisheries Research and Development Corporation and Bureau of Rural Sciences Canberra 50pp

14

8 Fletcher WJ Chesson J Sainsbury KJ Fisher M Hundloe T (2004) ESD Reporting and Assessment Subprogram Development of Assessment Tools for the National ESD Framework ndash initial scoping exercise Final Report FRDC Project 2002086 Canberra Australia 16pp

9 Fletcher WJ (2005) ESD Reporting and Assessment Subprogram Strategic Planning project management and adoption Final Report FRDC Project 2001082 Canberra Australia

10 Schirmer J and Pickworth J 2005 Social impacts of the South Australian Marine Scalefish Fishery FRDC ESD Reporting and Assessment Subprogram Publication No 10 Fisheries Research and Development Corporation and Bureau of Rural Sciences Canberra 129pp

11 Schirmer J and Pickworth J 2005 Social assessment of commercial fishing in the East Gippsland region FRDC ESD Reporting and Assessment Subprogram Publication No 11 Fisheries Research and Development Corporation and Bureau of Rural Sciences Canberra 57pp

12 Fletcher WJ (2005) The application of qualitative risk assessment methodology to prioritise issues for fisheries management ICES Journal of Marine Science

13 Fletcher WJ (2005) A Guide to Implementing an Ecosystem Approach to Fisheries Management (EAFM) within the Pacific Region Forum Fisheries Agency Honiara Solomon Islands (in press)

14 Schirmer J (2005) ESD Reporting and Assessment Subprogram a social assessment handbook for use by Australian fisheries managers in ESD assessment and monitoring Final Report FRDC Project 2003056 Canberra Australia April 2005

15 Fletcher WJ (2006) Frameworks for managing marine resources using ecosystem approaches how do they fit together and can they be useful Bulletin of Marine Science (under review)

Other related ESD publications Nicholls J 2003 A Socio-Economic Valuation of Resource Allocation Options between Recreational and Commercial Sectors FRDC Project 2001065 Canberra Australia

Hundloe TJ (2002) Valuing Fisheries An Economic Framework University of Qld Press Queensland

Western Australian Fisheries ESD Reports

1Ecologically Sustainable Development (ESD) Report Series (ISSN 1447-3599)

13 Governance and the responses to key issues Internationally the key issues identified for fisheries governance and management regarding EBFM implementation include overfishing overcapacity and the related issue of government subsidies Sinclair et al (2002) argue that overfishing is often driven by overcapacity and without incentives for rationalisation under a rights based approach to fishing it is unlikely that overcapacity will be reduced Another key issue is that of illegal unreported and unregulated fishing (IUU) In Australia the issues of overfishing overcapacity and bycatch have been addressed at the policy level and at the fishery level through a number of different initiatives some of which refer specifically to Commonwealth fisheries and others which are relevant to both Commonwealth and State managed fisheries

Overfishing and overcapacity

bull Proposed harvest strategies policy bull Strategic assessments under the EPBC Act and bull The $220 million Securing our Fishing Future package was announced in

November 2005 and was designed to deliver profitable and sustainable Commonwealth fisheries for the future The package includes three key features

Summary of review 15

- The 1Australian Fisheries Management Authority will introduce new fisheries management actions to ensure Commonwealth-managed fisheries remain sustainable 1Future Operating Environment for Commonwealth Fisheries

- The Marine Protected Areas (MPAs) in the South-East Marine Region which have been developed by the 1Department of the Environment and Heritage to protect marine biodiversity

- DAFF is responsible for the development of policy and administration of the $220 million 1fisheries structural adjustment package This includes elements of the Securing our Fishing Future package such as Business Exit Assistance Business Advice Assistance Assistance for Skippers and Crew Onshore Business Assistance Fishing Community Assistance and the AFMA Levy Subsidy

Bycatch

bull Commonwealth Policy in Fisheries Bycatch (2000) to be implemented through fishery bycatch action plans

bull National Plans of Action (NPLOAs) for seabirds and sharks in response to UN Food and Agriculture Organisation (FAOs) International Plans of Action (IPOAs) and

bull Threat Abatement Plans (TAPs) for the incidental catch (or bycatch) of seabirds during oceanic longline fishing

Illegal unreported and unregulated fishing

bull National Plans of Action (NPLOAs) for illegal unreported and unregulated fishing in response to FAOs IPOAs and

bull In April 2006 as part of AFMAs new responsibilities for IUU a new office was opened in Darwin to provide further resources in dealing with the issue and provide greater deterrence

2 Review of the strategic assessment methods under EPBC Act and management approaches

This part of the review considers two aspects firstly the strategic assessment process under the EPBC Act and secondly the management approach adopted by the fisheries agencies Each of these is outlined below

21 Strategic assessment process under the EPBC Act The Environment Protection and Biodiversity Conservation (EPBC) Act 1999 commenced on 16 July 2000 The aim of the Act is to provide an effective framework for environmental protection and conservation of Australian biodiversity It enables the Commonwealth states and territories to take a national approach to environmental protection and biodiversity conservation Under the EPBC Act the Australian Government has consolidated its major environmental controls and effective from January 2002 the wildlife trade provisions previously implemented through the Wildlife Protection (Regulation of Imports and Exports) Act 1982 The legislation provides a framework that will enable the Australian Government to ensure that any harvesting of marine species is managed for ecologically sustainability The primary roles of the Sustainable Fisheries Section include the evaluation of the environmental

16

performance of fisheries for strategic assessment under Part 10 of the EPBC Act assessments relating to impacts on protected marine species (Part 13) and those required for approval of export of fisheries product (Part 13A)

The EPBC Act requires all Commonwealth managed fisheries to undergo strategic environmental impact assessments before new management arrangements are bought into effect and that all fisheries (Commonwealth and State and Territory) with an export component undergo assessment to determine the extent to which management arrangements will ensure that the fishery is managed in an ecologically sustainable way

A number of issues emerged from the EPBC strategic assessment process These included

bull Differences in submissions to DEWHA This review of strategic assessments under the EPBC Act includes an example of an agency submission to DEWHA from each jurisdiction and DEWHA assessment of the example fishery This review highlighted the diversity and complexity of Commonwealth State and Territory fisheries Strategic assessment submissions to DEWHA varied in approach and in addressing the EPBC guidelines (full details of example fishery submissions which highlight these differences can be viewed in Appendix A)

bull Review of the first round of EPBC assessments The Marine and Coastal Community Network (MCCN) undertook a short survey of a cross-section of fisheries stakeholders including the Australian Government and all the State agencies The purpose of the survey was to appraise the first round of the EPBC Act Fisheries Strategic Assessments The results were published in WAVES vol 12 (1) Spring 2006 A major issue highlighted was the cost in terms of time dollars and other resources required by fishery agencies in order to complete the strategic assessment submissions to DEWHA (summary results from the MCCN survey can be viewed in Section 2 of the review) and

bull AFMFDEWHA lessons learned from the first round issues related to fishery submissions to DEWHA the DEWHA assessment processes the Ministerrsquos decisions and recommendations and other issues such as variations in data and information sources across fisheries and clarity on for example demonstrating continuous improvement or application of the precautionary principle (details of these issues are in Section 2 of the review)

Reassessments AFMFDEWHA working group

In order to address the issues the Department of the Environment Water Heritage and the Arts (DEWHA) working group has Australian Fisheries Management Forum (AFMF) nominated representation The group was formed to assist DEWHA in the development of a reassessment process for the second round and beyond of fishery assessments under the EPBC Act The DEWHA working group has been responsible for responding to some of the issues for example providing more detailed guidance for the Guidelines A revised re-assessment approach was prepared for consideration by the Minister The amendments to the EPBC Act were passed by the Parliament on December 2006 The overarching objective of the proposed amendments is to maintain the Australian Governmentrsquos ability to protect the environment and in response to the issues raised

Summary of review 17

bull Provide a more effective efficient and strategic regulatory process for stakeholders

bull Reduce duplication in regulatory processes bull Increase the flexibility within Act processes bull Reduce administrative and compliance costs and bull Increase the effectiveness of the compliance regime

22 Strategic assessment submissions and management approaches adopted by the fisheries agencies Strategic assessment submissions and management approaches adopted by the fishery agencies for all jurisdictions were reviewed to assess the differences and similarities Example fisheries used for reviewing the strategic assessment process under the EPBC Act were presented as examples under the following headings (a summary is included in Section 2 and full details in Appendix A)

bull Legislation bull Management processes and measures such as

- Fishery Management Plans (FMPs) and regulations - codes of practice - co-management arrangements - fishery management strategies - harvest strategies - spatial management

bull Management assessment and decision making tools - stock assessments - Environmental Impact Statements (EIS) - risk assessments - economic social governance components

bull Monitoring performance indicators decision rules and observer programs bull Reporting requirements

- fishers - fisheries agencies

bull Research and bull Consultation arrangements

There were differences between jurisdictions in management approaches regarding management processes and measures and the use of management assessment and decision making tools However the focus of discussion here will be on performance indicators and decision rules Firstly the results and issues from the 1998 review will be presented and secondly outcomes from this current review

Use of performance indicators decision rules in 1998

There are two ways in which sustainability indicators can be and are being used in fisheries management First as a means to report progress in meeting ESD objectives and second as a basis for making decisions Use and development as reported in 1998 were

18

bull Target species sustainability indicators have been most fully developed for target species Ecosystemenvironmental indicators were generally listed as ldquounder developmentrdquo rather than in actual use

bull Economics objectives are recognised as being critically important in all commercial fisheries however there were almost no examples of reference points for economic indicators and few examples of their use in decision rules

bull Social objectives were recognised as important the response to developing and implementing indicators ranged from viewing that as a political rather than a fisheries management responsibility to including the social with economic indicators rather than as a separate indicator The main reason for these responses is the perceived difficulty in identifying useful indicators that can be measured and monitored and

bull Governance existing management plans provide some examples of performance indicators relating to process or governance While not indicators of the state of the fishery resource or environment they do indicate how well (or whether) aspects of the management plan are being implemented Issues covered include levels of participation in management processes development of specific aspects of the plan (such as bycatch strategies) and other process aspects of management (Sainsbury et al 1998)

Use of performance indicators decision rules in 2007

The use of performance indicators and decision rules from the survey results indicated that the general pattern of use by component from highest to lowest was

bull Target species component bull Byproduct bycatch TEPs species components as a group bull Governance bull Habitats ecosystemscommunities and economic components as a group and bull The social component

Although progress has been made the situation is similar to 1998 in terms of the development and operational use by component

3 Review of the management responses to ESD and EBFM

31 The ESDEBFM Survey Background A survey was sent to each jurisdiction to a nominated representative for management research and industry The purpose of the survey was to collect the relevant information to review the current experience and management responses for Fisheries ESD and EBFM in Australia for each jurisdiction This has been endorsed by AFMF and FRDC and will be used to inform future investment in development of tools to support ESDEBFM

Summary of review 19

This survey provided an opportunity for a national snapshot of assessment methods and management responses for Fisheries ESD and EBFM in Australia This is a follow up to the national lsquosnapshotrsquo of experience and approaches regarding ESD (FRDC Project 98168) in 1998 The survey was in 5 sections as below Section 1 provides a background Sections 2 to 4 ask questions regarding experience and management responses for Fisheries ESD and EBFM in Australia for each jurisdiction Section 5 relates to ESDEBFM implementation generally Section 1 Background jurisdiction and role in organisation Section 2 How fisheries management has changed with regard to ESDEBFM from 1998 to 2006 Section 3 Where we are now 2006 Section 4 What needs further development over the next 6 years from 2006 to 2012 Section 5 ESDEBFM provides an opportunity for further comments regarding ESDEBFM implementation across all jurisdictions

32 How fisheries management responses have changed with regard to ESDEBFM within jurisdictions from 1998-2006 Section 2 of the Survey explored how fisheries management responses have changed with regard to ESDEBFM within jurisdictions from 1998 to 2006 for the following areas of interest

bull Progress towards incorporating ESDEBFM operational measures into policy planning legislation and management arrangements for the environmental economic social and governance components of ESD

bull Indications of where performance indicators and benchmarks wereare being used for environmental economic social and governance components and

bull What wasis the level of confidence in managing the environmental economic social and governance components under ESDEBFM principles

Progress in application use and confidence was reported in all these areas from 1998 to 2006 However for both 1998 and 2006 there are variations of application use and confidence across the environmental economic social and governance components and within and between jurisdictions Overall the general pattern for application use and confidence by component from highest to lowest was

bull target species component bull byproduct bycatch TEPs species and governance components as a group bull habitats ecosystemscommunities and economic components as a group and bull the social component

It was interesting to note that for all areas there were differences between research and management views on levels of implementation The majority of research

20

responses considered implementation to be not as far advanced as the management responses reported

As a follow up it would be useful to find out the reason for these variations in application use and confidence in terms of

bull whether variations are related to particular issues within components or are these generic issues across components

bull whether variations are related to particular issues within jurisdictions or are these generic issues across jurisdictions and

bull why there is a difference in views between management and research on application use and confidence

33 The status of fisheries management responses to ESDEBFM within jurisdictions in 2006

Section 3 of the Survey aimed to establish the status of fisheries management responses to ESDEBFM within jurisdictions in 2006 with regard to the following areas of interest

bull Use of assessment and management tools bull Usefulness of current ESDEBFM reporting frameworks and bull Issues of fitoverlapduplication between fishery policy initiatives bioregional

plans Commonwealth and State processes

Use of assessment and management tools

For all jurisdictions in 2006 there is a wide variation in use of assessment and management tools across components and within and between jurisdictions The use of assessment and management tools varied by type in terms of those tools most used and those least used Overall for all jurisdictions in 2006 the use of assessment and management tools is ranked in the table below (from most = 1 to least = 6)

A number of other tools were reported as being used such as fisheries management plans and those under development included codes of practice and conduct co-management processes and formal resource sharing arrangements between commercial and recreational fisheries

There were variations in the application of assessment and management tools as applied to the different components Generally for all jurisdictions in 2006 the use of

Risk assessment

Qualitative assessment

ESD reporting

framework Quantitative assessment

Indicators Benchmarks EMS Decision

rules Harvest

strategies

1 1 2 3 3 4 4 5 6

Summary of review 21

assessment and management tools in managing components (from highest to lowest use) by component was

bull Target species component bull Byproduct bycatch and TEPs species components bull Habitat communityecosystems and economic components as a group and bull Social and governance components

Usefulness of current ESDEBFM reporting frameworks

Both management and research found current ESDEBFM reporting frameworks useful for fisheries management and EPBC requirements but less so for regional marine planning (State and Commonwealth) Industry representatives that participated in the survey considered that current ESDEBFM reporting frameworks are only somewhat useful for fisheries management and EPBC requirements but not so for regional marine planning (State and Commonwealth) Recommendations for improvement focused on the following reporting frameworks reporting more generally assessment tools the DEWHA EPBC process and approaches for shared fish stocks

Issues of fitoverlapduplication between fishery policy initiatives bioregional plans Commonwealth and State processes

Problems were identified in terms of fitoverlapduplication between fishery policy initiatives bioregional plans and Commonwealth and State processes Recommendations for streamlining processes and reducing duplication focused on streamlining legislation and DEWHA assessment processes under EPBC and consistency in planning processes and reporting requirements

It was suggested that a national forum for ESDEBFM would bring together the people working in this discipline and would facilitate communication identify issues gaps and overlap This could also be a useful approach for discussing and reviewing

bull Reasons for variations in use of assessment and management tools by type in terms of - those most used and those least used when applied to components - variations within and between jurisdictions in use of assessment and

management tools bull Identifying regional marine planning (State and Commonwealth) requirements

and explore whether it would be possible to amend current ESDEBFM reporting frameworks to accommodate all needs It could also be useful in identifying what is required to serve industry needs As well as an opportunity for reviewing the recommended improvements and approaches provided by the survey results and

bull Understanding the issues of fitoverlapduplication in terms of which are generic and those which are specific to particular jurisdictions as well as providing an opportunity for a review of the suggested improvements for streamlining processes and reducing duplication

22

34 Further development needs over the next six years from 2006 to 2012 to facilitate the implementation of ESDEBFM The purpose of Section 4 was to identify what needs further development over the next six years from 2006 to 2012 in order to better implement ESDEBFM The focus was on

bull The key issueschallenges for implementation of ESDEBFM (environmental economic social governance)

bull What management and assessment tools will need to be available and in routine use by 2012 (environmental economic social governance)

bull Possible bottlenecks for successful implementation of ESDEBFM bull Cost implications of implementing ESDEBFM for fisheries (both time and $)

and bull The data analysis research and decision support needs to properly implement

ESDEBFM

The key issueschallenges for implementation of ESDEBFM (environmental economic social governance)

The key issueschallenges for implementation of ESDEBFM for the environmental economic social and governance components and other important points (collated from the survey and summarised below) are as follows

bull Environmental data and information needs regarding target byproduct bycatch and TEP species habitat and community components and further research for understanding the interactions between them

bull Economic identify economic issuesimpacts requiring management data collection and analysis for the development of useful management objectives performance indicators benchmarks and monitoring

bull Social identify social issuesimpacts that need to be considered data collection and analysis for development of meaningful management objectives indicators benchmarks and monitoring and

bull Governance resources for rationalisation and streamlining of governance arrangements and processes to support management and compliance and to also ensure that the environmental economic and social components can be managed effectively within Australia

Other important challenges and points

bull Recognition of the differences between large high value fisheries and smaller lower value fisheries The identification of differing needs and relative levels of complexity risks and impacts different fisheries pose

bull Balance between the varied environmental economic social and governance objectives

bull Regional assessments that integrate across all fishing activities and can link to the broader marine planning activities

bull How to accommodate different stakeholder perspectives and achieve equitable funding and resource allocation to meet the different needs

bull All fishery sectors to be considered and

Summary of review 23

bull Improved understanding of the risks associated with issues external to the standard biological approach for the target species (eg globalisation fuel climate change etc) is needed

What management and assessment tools will need to be available and in routine use by 2012 (environmental economic social governance)

The management and assessment tools needed to be available and in routine use by 2012 for the environmental economic social governance components (collated from the survey and summarised below) are as follows

bull Environmental risk assessments (including cumulative risks) indicators and

decision rules monitoring programs qualitative and quantitative models and simplified management strategy evaluation tools

bull Economic risk assessments indicators and assessment tools (for all fishery sectors)

bull Social risk assessments indicators and assessment tools (including impacts of change)

bull Governance EMS and harvest strategies for major fisheries framework for allocation between fishery sectors adequate reporting benchmarking for ESD and review of Offshore Consitutional Settlement (OCS) arrangments for management of species across jurisdictions

Other important points regarding management and assessment tools

bull A range of assessment tools are required for fisheries and consideration of the varied levels of available information and research undertaken for the different fisheries and

bull Performance indicators for all objectives and mechanism for ensuring balance between objectives

Possible bottlenecks for successful implementation of ESDEBFM

A number of possible bottlenecks were identified which are likely to affect the successful implementation of ESDEBFM These are categorised under the following headings funding and associated costs resources and people governancemanagement systems and the EBFM framework and datainformationresearch needs (collated from the survery and summarised below)

bull Funding and associated costs for research and data tools development managmement proceses to further develop EBFM and the issue of cost recovery from fishery sectors

bull Resources and people capacity in terms of time and people for implementation of EBFM

bull Governancemanagement systems cross jurisdictional (within and across departments agencies and jurisdictions) clarity in the scope and objectives and outcomes to be achieved for whole of government approach in implementing EBFM

24

bull Datainformationresearch needs

Cost implications of implementing ESDEBFM for fisheries (both time and money)

A range of time and costs implications were identified for implementing ESDEBFM for fisheries which affect research management and industry (collated from the survey and summarised below)

bull Research the development of environmental economic and social components under EBFM principles requires multidisciplinary teams and may require employing more research staff

bull Management increased management and monitoring costs EBFM process takes time to develop consult and implement requires efficient processes between Commonwealth and State

bull Industry commercial fisheries are the only sector that contributes to management research and compliance on a cost recovery basis and cost are incurred now but benefits will not be immediately recognisable (time lag between investments and benefits)

The data analysis research and decision support needs to properly implement ESDEBFM

To implement ESDEBFM the following data analysis research and decision support requirements were identified (collated from the survey and summarised below)

bull Data increased spatial and temporal data for species habitats and communities and ecosystem linkages social and ecomonic data different data types for decision making tools and assessments standardising data collection between jurisdictions integrated databases and improved data management and sharing

bull Analysis with increased data needs a corresponding requirement for analyis and new and novel approaches to data analysis for decision support

bull Research filling information gaps for all components (ecosystems economic and social) developing indicators tools (including rapid assessment tools for low value and data poor fisheries) and monitoring approaches

bull Decision support revised fishery models management strategy evaluation framed in the context of ESDEBFM a commitment to use the triple bottom line approach to decision making and development and better understanding and use of performance indicators

Other important points raised in the survey responses were

bull One size does not fit all as this is dependent upon the particular conditions for each fishery There are varying levels of risk and certainty A range of tools are required

bull A practical conceptual framework for regional level ESDEBFM and bull A clear focus on efficiency and cost effectiveness will be key drivers in

prioritising what will be possible to pursue in ESDEBFM with limited future funding for data analysis and research

Summary of review 25

40 Recommendations for the most appropriate next steps A key finding of this study is a widespread view that there is an ongoing need for a national forum to coordinate approaches to EBFM Such a national forum should bring together a range of stakeholders involved in the development and implementation of EBFM including fishery managers industry environmental agencies and NGOs and various disciplinary experts The need for and focus of such a national forum is categorised under the following four headings

Coordination and consistency

The need for improvements in coordination and consistency in approach across fisheries jurisdictions and departments was a key finding of this review

bull Apply to the extent possible a consistent approach to EBFM across all jurisdictions to coordinate management of shared resources and cumulative impacts and to assist in national reporting

bull Coordinate and collaborate across fisheries and between jurisdictions to optimise research and development costs and time

bull Integrate and streamline where possible processes and reporting requirements to overcome the identified issues of fit overlap and duplication

bull Identify regional marine planning (State and Commonwealth) requirements and explore whether it would be worthwhile to amend current ESDEBFM reporting frameworks to accommodate these needs and

bull Work with DEWHA to ensure fisheries-relevant and consistent approaches to strategic assessments

Tools development

There are considerable variations in use of assessment and management tools by ESD components and variations within and between jurisdictions in use of assessment and management tools

bull Develop a plan for further improvement of indicators and reference points focusing first on those areas where least progress has been made The general pattern for application use and confidence by component from highest to lowest was

- target species - byproduct bycatch TEPs species and governance as a group - habitats ecosystemscommunities and economic as a group - social component

bull Develop a suite of tools (tool box) for monitoring assessment and decision support spanning from rapid qualitative methods through to full quantitative approaches and

bull Clarify why there is a difference in perception between researchers and managers on the adoption of tools for EBFM

26

Resources and capacity

A key issue or challenge for implementation of ESDEBFM across all jurisdictions is the need for adequate resources (funding and people) and data analysis research and decision support

bull Identify efficient and cost-effective solutions to address data information research and decision support needs and

bull Provide a framework that allows effective prioritisation across competing demands for resources to support implementation of ESDEBFM

Training and communication

Closely linked to capacity is the need for education and training for fisheries managers industry and researchers to enable them to develop a set of skills that better match the expected roles and responsibilities necessary for implementing EBFM

bull Expand existing training programs both at tertiary level and for current fisheries managers peak bodies and advisory groups to meet specific needs of implementing ESDEBFM and

bull Build on lessons learned from ESD Sub-program to improve communication of principles and practice of ESDEBFM

Governance

Implementation of these recommendations would require careful coordination at two levels Firstly the continuation of a high level national process and forum involving key stakeholders in policy management industry environmental NGOs and key government agencies Secondly a smaller adequately resourced and more dedicated team tasked with implementation and coordination of key recommendations Such an approach is most likely to address the issue of consistency of processes and approaches within and between jurisdictions make best use of limited funding for the development of tools and meeting data and research needs identify capacity shortfalls and bottlenecks and create a coherent way forward on realistic timeframes

Presentation of the results of this review are presented in the report under the following headings

1 Desktop review of the scope of ESD and EBFM in Australia 11 ESDEBMEBFM review of international agreements policies and defining

documents

bull Ecological Sustainable Development (ESD) bull Ecosystem Based Management (EBM) and bull Ecosystem Based Fisheries Management (EBFM)

Summary of review 27

- EBFM the international dimension - United Nations Convention on the Law of the Sea (UNLOSC) and the

Convention on Biological Diversity (CBD) development of an EBFM approach

- EBFM the concept - EBFM key issues - International policy initiatives and strategies in response to the issues

12 EBFM and other similar approaches to address broader ecosystem issues

for fisheries There are a number of approaches to address broader ecosystem issues for fisheries The approaches may be designed to manage at different environmental scales (local sub-regional national) andor by different organisations (governments regional and local bodies) and cooperation between a wide range of stakeholders Each of these approaches is outlined with an Australian example The approaches that are considered useful to EBFM include

bull Integrated Coastal Management (ICM) and Large Marine Ecosystems (LME) bull Multiple Use Management (MUM) bull Integrated catchment ndash from land to sea bull Accreditation schemes such as Marine Stewardship Council (MSC) or

International Organisation for Standardisation (ISO)14000 bull Environmental Management System (EMS) bull Codes of conductpractices bull Co-management and bull ESD subprogram approach to EBM and other related systems

13 ESDEBFM in Australia a national response

bull Regional and bilateral responses bull National response bull NESD (1992) bull Australiarsquos Exclusive Economic Zone (EEZ) (1994) bull Oceans policy (1998 to 2005) bull Environment Protection and Biodiversity Conservation (EPBC) Act 1999 bull Initiatives bull Threat Abatement Plans (TAPs) bull Australian Fishing Zone (BAPs) bull National Plans of Action (NOPAs) bull Ministerrsquos announcement securing our fishing future package and bull Capability and capacity building

- Marine and Coastal Committee (MACC) - ESD Reporting and Assessment Subprogram

14 Australian fisheries governance

bull Department of Agriculture Fisheries and Forestry (DAFF) - Fisheries and Marine Environment Branch - Fisheries policy initiatives and mitigation measures

28

bull The Department of the Environment Water Heritage and the Arts (DEWHA) - The Coasts and Oceans Division and - Fisheries policy initiatives and mitigation measures

15 Australian fisheries management

bull Commonwealth and State and Territory fisheries EBFM key fisheries management concepts

bull Management processes such as Fishery Management Plans (FMPs) bull Management measures such as harvest strategies and spatial management bull Management assessment and decision making tools such as

- Environmental Impact Statements (EIS) Environmental Impact Assessments (EIAs)

- risk assessments - Management Strategy Evaluation (MSE) - qualitative and quantitative models - mapping tools

bull Monitoring performance indicators decision rules and reporting bull Reporting bull Research and bull Consultation

2 Review of the assessment methods of ESD and EBFM in Australia 21 Review of fishery assessment reports by fishery agencies and by Department of the Environment Water Heritage and the Arts (DEWHA) for Strategic Assessments under the EPBC Act

bull Environment Protection and Biodiversity Conservation (EPBC) Act bull Review of State and Commonwealth submissions to DEWHA and bull DEWHA assessment of fisheries

22 Review and report on the major issues raised from the EPBC strategic assessment process

bull Background bull Reviews of the first round of EPBC assessment process bull AFMADEWHA review lessons learnt and possible future directions bull Reassessments AFMFDEWHA working group and bull AFMF national research priorities for 2006 to 2008

Summary of review 29

3 Survey analysis and results 31 The ESDEBFM survey

bull Background bull Technical bull Limitations on interpreting results and bull Overview of summary results

32 Summary of survey results

bull Section 2 how fisheries management responses have changed with regard to ESDEBFM within jurisdictions from 1998 to 2006 by jurisdiction

bull Section 3 establish the status of fisheries management responses to ESDEBFM within jurisdictions in 2006 by jurisdiction

bull Section 4 further development needs over the next six years from 2006 to 2012 to facilitate the implementation of ESDEBFM by jurisdiction and

bull Section 5 further recommendations and any other comments regarding ESDEBFM across all jurisdictions

30

1 DESKTOP REVIEW OF THE SCOPE OF ESD AND EBFM IN AUSTRALIA

11 ESDEBMEBFM review of international agreements policies and defining documents

bull Ecological Sustainable Development (ESD) bull Ecosystem Based Management (EBM) and bull Ecosystem Based Fisheries Management (EBFM)

- EBFM the international dimension - United Nations Convention on the Law of the Sea (UNLOSC) and the

Convention on Biological Diversity (CBD) development of an EBFM approach

- EBFM the concept - EBFM key issues - International policy initiatives and strategies in response to the issues

111 Ecological Sustainable Development (ESD) As Reid (1995) explains the concept of sustainable development was introduced to the world in the Bruntland Report (World Commission on Environment and Development WECD 1987) The report contains one of the most widely used definitions of sustainable development ldquosuch development can be defined simply as an approach to progress which meets the needs of the present without compromising the ability of future generations to meet their own needsrdquo (WECD 1987 Annexe 2 Tokyo Declaration page 363)

The World Commission on Environment and Development view was that sustainable development is not a fixed state but rather as a process of change in which the exploitation of resources the direction of investments the orientation of technology and institutional change are made consistent with future and present needs It identified that sustainable development requires an integrated approach with regard to decision making at the local national regional and international level It also identified that policy direction should focus on the need to ensure the prevention of loss of species and environmental degradation as the conservation of living natural resources are crucial for development

112 Ecosystem Based Management (EBM) the concept The Ecosystem Based Management (EBM) approach builds on the concepts and principles of ecological sustainable development Even though there is no agreed definition of EBM there are various terms that are used in relation to Ecosystem Based Management (EBM) these include Ecosystem Management Approach (EMA) and Ecosystem Approach (EsA or EA)

Mangel et al (1996) suggest that the relationship between humans and nature should be such that the viability of all biota and the ecosystems they are part of are maintained (now and future options) as well as allowing human use and benefits from such use

Review of the scope of ESD and EBFM in Australia 31

(both current and future generations) The challenge as they see it is in determining the appropriate balance between the health of resources and ecosystems and the health and quality of human life Such a balance in their view requires an understanding of a broad range of issues

Grumbinersquos (1994) review of the literature describes the overall goal of ecosystem management as sustaining ecological integrity by reducing the biodiversity crisis through maintaining viable populations of all native species in situ represented within protected areas all native ecosystem types across their natural range of variation maintaining evolutionary and ecological processes and manage over periods of time long enough to maintain the evolutionary potential of species and ecosystems As well acknowledging the role that people have to play by accommodating human uses and occupancy within the above constraints Grumbine suggests that success of ecosystem management is dependent upon reconciling the relationship between the new goal of protecting ecological integrity and the old view of providing goods and services for humans

Christensesn et al (1996) argue that ecosystem management regards intergenerational sustainability as a precondition and establishes measurable goals and processes necessary for sustainability outcomes That an ecosystems approach is neither anthropogenic nor biocentric but acknowledges the importance of human needs whilst confronting the reality and capacity of the natural world to meet those needs in perpetuity has limits and depends on the functioning of ecosystems However one particular obstacle to an ecosystem approach is that of public perception that the immediate economic and social value of renewable resources outweighs the risk of future ecosystem damage In their view the goal of ecosystem management is to overcome this and other such obstacles

113 Ecosystem Based Fisheries Management (EBFM) Since the 1970s there has been growing concern over the impact of fishing other marine sectors and coastal development on the marine environment As summarised by Ecosystem Principles Advisory Panel (EPAP 1999) marine ecosystems are being perturbed by fishing and other human activities Many marine fisheries are in decline and the effects of fishing on other ecosystem goods and services are beginning to be understood and recognised Fishing can affect many species and disrupt important interdependent links within ecosystems and threatens marine biodiversity

Fisheries are an important social and economic resource providing food and employment Traditional oceans and fisheries management approaches tended to view ecosystems as fixed and closed systems and the focus was often on single fisheries stocks (although some tried to deal with multi species fisheries) and defining maximum sustainable yields A fundamental shift in thinking has occurred with regard to oceans and fisheries governance and management Oceans ecosystems are recognised as being dynamic and open systems and once threshold limits are reached or exceeded changes may be irreversible and shifts into different states may occur Marine ecosystems are subject to natural variability that affects productivity and in turn dictates the abundance and natural mortality of fish stocks The EBFM approach explicitly requires managers to take into account these uncertainties by adopting the precautionary approach Garcia et al (2003) argue that the intention for implementing

32

EAF is to improve fisheries management that considers the target fisheries stocks and ecosystems that support them

Ecosystem Based Fisheries Management the international dimension

The EBFM approach has support at the international level and has been adopted by the UN Food and Agriculture Organisation (FAO) which is the lead agency for fisheries The FAO is an important international actor and plays an important role in fostering an EBFM approach At the international level the FAO provides policy advice and develops technical guidelines for fisheries management For example the FAO Code of Conduct for Responsible Fisheries 1995 which aims to provide guidelines for responsible approaches to fishing The FAO also developed a set of operational guidelines for an ecosystem approach to fisheries These guidelines supplement the FAO Code of Conduct for Responsible Fisheries The FAO Council organised the 2002 Reykjavik Conference in Iceland a major outcome was the Reykjavik Declaration on Responsible Fisheries in the Marine Ecosystem which endorses an ecosystem approach to fisheries management Other important documents developed by the FAO include the International Plans of Action (IPOAs) that address fisheries issues regarding seabirds sharks fishing capacity illegal unreported and unregulated fishing and destructive fishing practices

According to the FAO (2003) many of the concepts and principles relating to the EBFM approach are already contained in a number of documents and conventions as a result of outcomes from the development of international governance initiatives aimed at sustainable conservation and use of oceans and fisheries resources These include

bull 1970 FAO Technical Conference on Marine Pollution and its Effects on Living Resources and Fishing

bull 1972 FAO Technical Conference on Fishery Management and Development bull 1972 World Conference on Human Environment bull 1980 Convention on the Conservation of Antarctic Marine Living Resources bull 1982 United Nations Convention on the Law of the Sea (UNLOSC) bull 1987 World Commission on Environment and Development (WECD) bull 1992 United Nations Conference on Environment and Development (UNCED)

and Agenda 21 bull 1992 Convention on Biological Diversity (CBD) bull 1995 Jakarta Mandate on Marine and Costal Biological Diversity bull 1995 United Nations Fish Stocks Agreement (UNFSA) bull 1995 FAO Code of Conduct for Responsible Fisheries bull 1995 Kyoto Declaration on the Sustainable Contribution of Fisheries to Food

Security bull 2001 Reykjavik Declaration on Responsible Fisheries in the Marine Ecosystem

and bull 2002 World Summit on Sustainable Development (WSSD)

Review of the scope of ESD and EBFM in Australia 33

Tsamenyi and McIlgorm (1999) highlight that international instruments fall into two broad categories

bull Treaties or conventions which are binding on the oarties to them (some are directly aimed at fisheries management others are of general application with potential to influence the fishing industry) and

bull Non-binding instruments which are the resolutions of declarations by international organisations and some larger non-government organisations These are not legally binding but have a moral and political force and may become the basis for binding instruments

They suggest the major trend in instruments as a move from general objectives in the currently binding agreements to more specific constraints and management methods in the subsequent non-binding instruments

LOSC and the CBD development of EBFM approach

According to Dyoulgerov (2000) there is a well-defined body of international environmental law and global legal instruments that deal with the marine environment The 1982 United Nations Convention on the Law of the Sea (UNCLOS) provides rules to regulate all aspects of the uses of the sea and the conservation of the marine environment The 1992 United Nations Convention on Biological Diversity (CBD) is aimed at the conservation of biological diversity and to promote the sustainable use of its components Together UNCLOS and the CBD provide a framework within which governance of the marine environment functions as part of a dynamic interdependent and complementary system of hard and soft law This system encompasses international regional national and local government and non government organisations

Kimball (2001) notes that the United Nations Convention on Law of the Sea (UNLOSC) provides a comprehensive framework for tackling ocean stresses and lays down strong and binding obligations to protect and preserve the marine environment including rare or fragile ecosystems and the habitat of marine species and to conserve marine living resources Its principles and mechanisms have been elaborated through specialised legal instruments to support an ecosystems-based and precautionary approach to sustainable ocean use LOSC also establishes a comprehensive framework for use and development of the oceans regarding the rights and obligations of states in the various zones dispute settlement compliance and enforcements international cooperation opportunities and institutional support The convention has been supplemented by two implementing agreements these are

bull 1994 Agreement Relating to the implementation of Part XI which clarifies and replaces many of the Conventionrsquos deep seabed mining provisions adopted in 1982 and

bull 1995 Agreement relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Species (Fish Stocks Agreement of FSA)

As Tsamenyi and McIlgorm explain (1999) one of the first substantive sectors to be considered by the Convention on Biological Diversity (CBD) was marine and coastal

34

biodiversity ndash the Jakarta Mandate (1995) The Jakarta Mandate specifically addressed the relationships between conservation and fishing activities and established coastal and marine biodiversity as one of the first substantive sectors to be considered by the Convention The CBDrsquos comprehensive approach to species ecosystem and genetic diversity and its endorsement of an ecosystems approach to biodiversity conservation strengthen the impetus for an ecosystem-based approach to marine conservation (Kimball 2001)

Ecosystem Based Fishery Management (EBFM) the concept

The EBFM approach is based upon the EBM concepts There is no agreed definition of EBFM and there are various terms that are used in relation to Ecosystem Based Fisheries Management (EBFM) approach these include Ecosystem Approach to Fisheries (EAF)

According to the FAO (2003) EAF builds on the concept of sustainable development outlined in the 1972 United Nations Conference on Human Environment (Stockholm Sweden) which dealt with the environmental aspects of natural resource management and the 1982 United Nations Convention of the Law of the Seas which provides a basis for resource conservation and use for fisheries management and development EAF is based on two important precepts Firstly the elimination of overcapacity and overfishing the rebuilding of depleted stocks and the protection of associated and dependent species Secondly the maintenance of ecosystem habitats and functional relations between components and productivity

EPAP (1999) suggest an ecosystem based fishery management can complement and improve existing fisheries management and in dealing with oceans and fisheries issues Based on the literature Sissenwine and Mace (2001) propose an ecosystem approach as a governance and management approach for responsible fisheries WWF (2002) consider EBFM as an evolving process in response to two properties of natural systems Firstly the effect of the environment on the resources being exploited Secondly the effect of resource exploitation on the environment Both these are important and the management system should address both types of environment and ecosystem interactions Some approaches to EBFM take a more ecological focus to maintain the capacity of an ecosystem to deliver ecosystem goods and services Whereas other approaches and in the view of WWF more appropriately extend the EBFM concept to include human goals for ecosystems

Pitkich et al (2004) view the overall objective of EBFM is to sustain healthy marine ecosystems and the fisheries they support To achieve this objective EBFM will need to avoid degradation of ecosystems environmental quality and systems minimise the risk of irreversible changes to natural species assemblages and ecosystem processes to balance long-term socio economic benefits without compromising ecosystems develop and understanding and knowledge of ecosystem responses to the impacts of human activities and under circumstances where knowledge and understanding is limited robust and precautionary fishery management measures should be to applied

Review of the scope of ESD and EBFM in Australia 35

EBFM the key issues

The key issues for fisheries governance and management regarding EBFM implementation include overfishing overcapacity and the related issue of government subsidies (FAO 2003 EPAP 1999 Sissenwine amp Mace 2001 and WWF 2002) Sinclair et al (2002) argue that the key issues are overfishing driven by overcapacity and without incentives for rationalisation under a rights based approach to fishing it is unlikely that overcapacity will be reduced Another key issue is that of illegal and unregulated fishing (IIU) Each of these issues is outlined below

Overfishing Important guidelines outlined by FAO (2003) include avoiding overfishing and where stocks have been reduced to low levels that they should be rebuilt noting that once threshold limits have been exceeded changes may be irreversible An ecosystems approach to fishing should also minimise impacts that affect the structure productivity and biological diversity of ecosystems and should consider species interactions

According to EPAP (1999) overfishing is a common problem as the worldrsquos oceans are at or near maximum sustainable fishery yields As a consequence many of the associated social economic and cultural benefits accrued by fishing and other marine goods and services are under threat and many ecosystems exhibit ecological changes due to the over harvesting of fish stocks Also in the past new fisheries have often been fully capitalised and reached unsustainable catch rates before management processes have established effective constraints Fisheries management may determine levels of safe removal of surplus production based on maximum sustainable yields

Sissenwine and Mace (2001) consider fisheries are a component of marine ecosystems as fish are influenced by marine ecosystems and fishing affects the targeted fish stocks and other ecosystem components directly or indirectly Their view is that an ecosystem approach for fisheries requires that environmental variability that affects the productivity of fisheries resources are considered when using maximum sustainable yield (MSY) as a harvest strategy and that MSY should reflect and adapt to changes in natural variability As Hundloe (2002) explains prior to the early 1950s the focus of fisheries management was maximum sustainable yield (MSY) from the early1950s ndash 1970s the concept of maximum economic yield (MEY) was introduced Since then the concept of optimum sustainable yield (OSY) has been developed requiring fisheries management to include biological economic financial cultural social legal and political factors

As WWF (2002) describe the worldrsquos oceans and fisheries have been changed and degraded throughout human history so it is difficult to predict what ecosystems would look like in the absence of fishing Preventing further decline is imperative because setting ecosystem targets and benchmarks can be influenced by shifting baselines where successive generations have lower expectations of what are acceptable ecosystem changes Recently there have been many programs initiatives and agreed actions which recognise the issues however there has only been limited success in preventing overfishing degradation and loss of habitat and loss of biodiversity

Murawski (2000) explains traditional single species management has in the past been concerned mainly with conserving parts of the system such as target fish stocks and overfishing is usually described in terms of growth and recruitment overfishing

36

although it may also manifest in stock collapses Under this system consideration of the interlinkages between target non target species habitats biodiversity and functional relationships have generally not been an explicit objective Whereas the ecosystem based fisheries management approach requires that the factors influencing important ecosystems processes and inter-relationships are considered and ecosystem attributes are taken into account A characteristic of overfished ecosystems is the sequential depletion of economic stocks (fishing down the food chain) Other symptoms of ecosystem overfishing include reduction in diversity and aggregate production of exploitable resources declines in mean trophic level increased bycatch greater variability in abundance of species habitat modification and in extreme cases changes to alternative stable species regimes (Murawski 2000 pg 652)

Holmlund and Hammer (1999) remind us that human societies benefit from exploitation of fish stocks and that fish are embedded within ecosystems and that ecosystem services that fish rely upon need to be taken into account Therefore perhaps what is required is less emphasis on controlling harvesting levels of fish stocks but instead regulations should focus on when where and how to fish taking account of the spatial and temporal life supporting systems of fish

Overcapacity One of the key problems with regard to sustainability and fishing is overcapacity (Mace 1996) According to the FAO (1999) excessive fishing capacity is an increasing concern and contributes to overfishing and the degradation of marine fisheries resources WWF (2002) also highlight this point in terms of fishing fleets and in relation to the increasing power and technology of boats Overcapacity includes both over capitalisation in terms of investment in vessels and equipment and the numbers of fishery operators participating in a particular fishery

Pascoe et al (2004) highlight the need for effective management of fishing capacity has been recognised because many of the fishing resources are biologically and economically over exploited As Metzner and Rawlinson (1998) discuss fishing nations are experiencing the limits of sustainable exploitation and are increasingly recognising the need to deal with the issue through structural adjustment programs (jurisdictional fiscal political biological and economic components) in terms of change in management procedures to achieve desired outcomes According to Pascoe et al (2004) the key elements for managing capacity are a means to assess current level of capacity identify the desired level of capacity and a mechanism to reach that level Capacity may be expressed in terms of inputs (potential fishing effort or outputs (potential catch) Capacity and capacity utilisation relate in the short term to the ability of the existing fleet to increase output given current conditions and overcapacity and overcapitalisation are longer-term concepts that indicate the extent which the current fleet may need to be reduced in order to meet a long term target level of output

As Charles (2001) points out the issues of overcapacity are complex it often reflects high investment and debt for fishers which may lead to increase harvesting of fisheries in order to service the debt The key is to plan the desired fishery configuration (number and types of fishing units) and limit the overall fishing effort at sea through effective management and capacity reduction The issues of overfishing and overcapacity may also be linked to the lack of alternative employment opportunities for

Review of the scope of ESD and EBFM in Australia 37

some fishers or some small communities so rationalisation policies need to take this into account as well as community sustainability

Government subsidies WWF (2002) lists the issue of capacity and the related issue of subsidies as a critical obstacle in achieving EBFM for fisheries Global estimates of subsidies during the 1990s ranged between 16 and 21 of the values of fishing revenues Gooday (2002) discusses the related issue of overcapacity and unsustainable levels of fishing (overfishing) together with government subsidies and the need to clarify and improve disciplines on fisheries subsidies The international debate relates to the consequences (environmental ndash sustainability of fish stocks and economic ndash trade and markets) resulting from these subsidies and what actions are needed to discipline them

The types of subsidies may include bull direct transfers bull lending support programs bull tax preferences and insurance support programs bull sector specific employment and social security provisions bull general services and bull marketing and price support programs

(Gooday 2002 pgs 2-3)

Illegal unreported and unregulated fishing Kirkwood and Agnew (2004) note illegal unreported and unregulated (IUU) fishing has been an issue since the first attempts at fishery management IUU refers to fishing activities that are inconsistent with or in contravention of the management or conservation measures in force for a particular fishery Although some international instruments contain provisions that relate to IUU none of these were set up directly to deal with the issue

As the FAO (2002) reports IUU occurs within nation states EEZs and the high seas Because it is unreported it is difficult to quantify However information available suggests that it may account for up to 30 of total catches and that the amount worldwide is increasing An outcome and impact of IUU is that it can undermine management strategies aimed at managing fisheries on a sustainable basis or conservation measures aimed at rebuilding stocks It may also undermine mitigation measures developed for example to reduce bycatch as unregulated fleets are unlikely to implement such measures

During the late 1990s concern regarding the growth of IUU led to the development (by the FAO) of an International Plan of Action (IPOA) for illegal unreported and unregulated fishing The International Plan of Action (IPOA) for Illegal Unreported and Unregulated fishing (IUU) (2001) is a voluntary instrument that applies to all States (nations) entities and to all fishers in response to illegal unreported and unregulated fishing The nature and scope of IUU is addressed objectives and principles and the implementation measures to prevent and deter IUU fishing These measures focus on all State responsibilities flag State responsibilities coastal State measures port State measures internationally agreed market related measures research

38

and regional fisheries management organisations special requirements of developing countries reporting requirements and the role of the FAO

International policy initiatives and strategies in response to the issues

There have been many international policy initiatives and strategies in response to the issues designed to mitigate or minimise the impacts of development on the marine environment At the international level these provide a conceptual basis and a set of guiding principles for implementation of sustainable development at the regional national and local level This has also necessitated governance and management changes at these different levels

World Summit on Sustainable Development (2002) Outcomes with regard to oceans and fisheries from the 2002 World Summit on Sustainable Development held in Johannesburg were outlined in The Key Commitments Targets and Timetables from the Johannesburg Plan of Implementation and included the following

bull Encourage the application by 2010 of the ecosystem approach for the sustainable development of the oceans

bull On an urgent basis and where possible by 2015 maintain or restore depleted fish stocks to levels that can produce the maximum sustainable yield

bull Put into effect the forthcoming FAO International Plans of Action (IPOAs) by the agreed dates These are - the prevention of illegal unreported and unregulated fishing (IUU)

by 2004 - to eliminate destructive fishing practices by 2005

bull Develop and facilitate the use of diverse approaches and tools including the ecosystem approach the elimination of destructive fishing practices the establishment of marine protected areas consistent with international law and based on scientific information including representative networks by 2012

bull Establish by 2004 a regular process under the United Nations for global reporting on and assessment of the state of the marine environment and

bull Eliminate subsidies that contribute to overcapacity (Key Outcomes httpwwwearthsummit 2002org p3)

High Seas Marine Protected Areas During the 1980s and 1990s new threats to oceans from human activities caused increasingly complex problems As Baker et al (2001) explain the high seas represent 50 of the earthrsquos surface which are outside the Nation state Exclusive Economic Zone (EEZs) and are an open access resource Current areas of concerns in relation to the oceans are the oil and gas and the future development of biotechnology and deep sea mining sectors impacts of distant water fishing fleets These sectors may directly and indirectly impact a range of habitats and biological communities and threaten biodiversity of the high seas A proposed policy and planning action to address these broad issues is to create a system of High Seas Marine Protected Areas (HSMPAs)

Review of the scope of ESD and EBFM in Australia 39

IPOAs Other specific issues that are of concern globally include species issues such as bycatch of seabirds and sharks and fishing issues and destructive fishing practices In response the FAO has developed International Plans of Action (IPOAS) to deal with some of these specific issues and those outlined above These are to be implemented at the national level through a National Plan of Action (NPOA) The plans outline a set of activities which implementing States are expected to carry out including an assessment of whether a problem exists adopting a National Plan of Action (NPOA) procedures for national reviews and reporting requirements and a summary description of appropriate mitigation measures which states should consider for inclusion in their NPOA and the role of the FAO

The plans are briefly outlined below

bull IPOA Seabirds (1999) is a voluntary instrument that applies to all States (nations) whose fishermen engage in longline fisheries to reduce the incidental catch of seabirds in longline fisheries

bull IPOA Sharks (1999) is a voluntary instrument that applies to all States (nations) whose fishermen engage in shark fisheries for the conservation and management of sharks

bull IPOA Fishing capacity (1999) is a voluntary instrument that applies to all States (nations) whose fishermen engage in capture fisheries for the management of fishing capacity and

bull IPOA Illegal unreported and unregulated fishing (IUU) (2001) is a voluntary instrument that applies to all States (nations) entities and to all fishers in response to illegal unreported and unregulated fishing The measures focus on all State responsibilities flag State responsibilities coastal State measures port State measures internationally agreed market related measures research and regional fisheries management organisations special requirements of developing countries reporting requirements and the role of the FAO

12 EBFM and other similar approaches to address broader ecosystem issues for fisheries There are a number of approaches to address broader ecosystem issues for fisheries The approaches may be designed to manage at different environmental scales (local sub-regional national) andor by different organisations (governments regional and local bodies) and cooperation between a wide range of stakeholders Each of these approaches is outlined with an Australian example The approaches that are considered useful to EBFM include

bull Integrated Coastal Management (ICM) and Large Marine Ecosystems (LME) bull Multiple Use Management (MUM) bull Integrated catchment ndash from land to sea bull Accreditation schemes such as Marine Stewardship Council (MSC) or

International Organisation for Standardisation (ISO)14000 bull Environmental Management System (EMS) bull Codes of conductpractices

40

bull Co-management and bull ESD subprogram approach to EBM and other related systems

121 Integrated Coastal Management and Large Marine Ecosystems Management Scale large scale geographically both ecosystems and human activities and a wide range of different management agencies and stakeholders

Australian example National approach Integrated Coastal Zone Management (ICZM) Regional examples the Great Barrier Reef Marine Protected Area (GBRMPA) and Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR)

Griffis and Kimball (1996) outline these two management approaches Integrated Coastal Management (ICM) and Large Marine Ecosystems (LME) and suggest that these are good examples of ecosystem approaches for ocean and coastal resource management Both these systems are based on the principle that a large scale systems approach that simultaneously considers ecosystem processes and human activities provide management with the best chance for finding sustainable solutions Also they are concerned with human activities that alter ecosystems that in turn reduces the ability of ecosystems to support human populations and health economies ICM focuses on influencing policy and governance processes (more issues driven) to shape patterns of coastal resource use through changes or modification in human behaviour and social values (people management) whereas the LME strategy is defined along large scale hydrographic regimes with a focus on ecosystem dynamics and fisheries and is largely science driven

122 Multiple Use Management Scale geographically at national states and subregional scales taking an integrated sectoral approach to managing human activities and includes a wide range of different management agencies and stakeholders

Australian example WA Government environmental and sectoral management of the North West Shelf area (regional)

According to Sainsbury et al (1997) multiple use management (MUM) offers a satisfactory approach to achieving an ecologically sustainable balance of outcomes across a broad range of uses and users of the environment MUM is underpinned by four fundamental principles Ecosystem integrity wealth generation and resource use equity and participatory decision making This approach provides a framework which has the potential to overcome the problems caused by sectoral decision making provides the basis for integrated planning and analysis at global national state and local levels and provides the context for assessment of policies plans programs and individual projects

Review of the scope of ESD and EBFM in Australia 41

123 Integrated catchment management ndash from land to sea Scale geographically from the river source to its final destination the sea taking into account the cumulative impacts of the human activities that occur within the river catchments that may impact marine ecosystems It includes a wide range of different management agencies and stakeholders

Australian example national approach the Coastal Catchments Initiative (CCI) There are also many local examples which are often administered at the local government level

According to Hughes and Goodall (1992) and Suchanek (1993 1994) chemical pollution and eutrophication have already altered the biodiversity of estuaries and coastal environments Deep sea habitats may also be altered by pollution as the sea continues to be used for waste disposal some of which is highly toxic Organic and inorganic wastes from land based activities such as agricultural industrial and domestic activities particularly effect estuaries and coastal areas

As McKay et al (1999) explain the damming or diversion of rivers for power generation flood control or irrigation has resulted in significant reductions andor changes in the timing and amount of freshwater flowing to the sea Reduced sediment flow into deltas and wetlands has resulted in the loss of fish spawning habitat The impacts have been widespread and include fisheries reductions loss of biodiversity increased concentrations of pollutants salinisation and subsidence of surrounding coastal lowlands and alteration of estuaries Whereas other activities such as mining or deforestation as Gray (1997) explains have led to large increases in sediment loads which have smothered coral reefs and other coastal habitats

124 Environmental management systems Scale management agency industry sectors or an individual business

Australian example EMS for seafood industry The Seafood EMS Chooser (2005) Seafood Services Australia Ltd

ISO 14000 defines a voluntary environmental management system As the International Institute for Sustainable Development (IISD 1996) review explains development of the standards was started in 1991 by the International Organisation for Standardisation (ISO) The standards consist of a set of documents that define the key elements of a management system that will help organisations address environmental issues The system includes setting of goals and priorities assignment of responsibilities for accomplishing them measuring and reporting on results and external verification of claims

The standards do not set performance values or goals these are set by the company taking into account the effects its activities have on the environment and the views of stakeholders The standards provide a way of systematically setting and managing performance commitments They can also assist companies in managing according to ESD principles In addition to the standards there are guidelines that are a support tool these are documents on environmental auditing environmental performance evaluation environmental labelling and life cycle analysis The adoption of the standards provide internal benefits in terms of helping the organisation meet its legal commercial and

42

environmental challenges and externally by providing assurance that the company is meeting its stated environmental policies

Other related schemes include British standards for Environmental Management Systems (EMS) designed to improve environmental performance it takes a systematic and integrated management approach The European Eco-Management and Audit Scheme (EMAS) takes a more proactive approach to development registration is site specific and unlike the British EMS a detailed environmental statement is required for every site participating in the scheme The Canadian Standards Association (CSA) has developed a consensus based information approach for a range of environmental initiatives and again is proactive in that it is based on prevention rather than control

In Australia an EMS developed for seafood industry is The Seafood EMS Chooser Seafood Services Australia Ltd (2005 pg 5) An environmental management system (EMS) puts in place a continual process of planning implementing reviewing and improving the actions that an organisation undertakes to manage its risks and opportunities relating to

bull The environment bull Food safety and quality bull Occupational health and safety bull Profitability bull Public relations and bull Other aspects of the organisation

125 Codes of conductpractice Scale industry

Australian examples there are many industry examples that are designed to mitigate bycatch (especially of threatened and endangered species) and post capture handling and release practices to reduce mortality including turtles and longline fishing

The FAO Code of Conduct for Responsible Fisheries (1995) in the introduction states ldquoThis Code sets out principles and international standards of behaviour for responsible practices with a view to ensuring the effective conservation management and development of living aquatic resources with due respect for the ecosystem and biodiversityrdquo In response some fisheries have taken the initiative by developing and adopting codes of practice The aim of these voluntary codes is for the sector to be self regulating rather than being regulated by government

126 Accreditation schemes Scale fishery and consumers

Australian examples fisheries that are accredited under the Marine Stewardship Council (MSC) scheme include the WA Western rock lobster The SA Lakes and Coorong Fishery and Austral Fisheries Pty Ltd (mackerel icefish) are in assessment

Review of the scope of ESD and EBFM in Australia 43

Eco-labelling schemes provide customers with information enabling them to choose for example fish products that are produced on a sustainable basis and producers with an incentive through market share to manage fisheries on a sustainable basis As Deere (1999) suggests accreditation and eco-labelling schemes are increasingly being perceived as a method that can maintain the productivity and economic value of fisheries as well as providing incentives for improved fisheries management and conservation of biodiversity Eco-labels are seals of approval that endorse that a particular fishery complies to a set of sustainability standards or criteria and is harvested on a sustainable basis An example is the Marine Stewardship Council (MSC) accreditation scheme

127 Co-management and consultation mechanisms (government agencies industry fisheries) Scale shared responsibility between governments industry and local stakeholders

Australian examples national approach the Management Advisory Committees (MACs) Scientific Advisory Groups (SAGs) Fishery Management Committees (FMCs) and industry peak bodies and groups A fishery example of co-management arrangements is the SA Lakes and Coorong Fishery

In the discussions relating to centralised or decentralised management and decision making co-management is often suggested as an appropriate approach that shares management responsibility and decision making between the local and national level participants Charles (2001) discusses the co-management approach as a mechanism for sharing decision making management functions and resolving conflict between stakeholders Participation in co-management may include governments fishers other fishery sector players community organisations and the general public Participants have both rights and responsibilities in the co-management arrangements which may include a range of options and different levels of co-management between government users and community management

As Hundloe (2002) explains at the local level co-management including community based management and partnering arrangements increase fishers participation by joint decision making and transferring some management rights and responsibilities This approach is best suited to a relatively homogeneous non migratory species For this approach to be successful it requires a well defined process such as a management plan so that both the government and participants understand their rights and responsibilities Under these conditions co-management has the potential to provide a number of benefits

bull Efficiency gains and reduced transaction costs bull Allows a flexible approach providing conditions that are more likely to make

fisheries profitable bull Peer pressure promotes voluntary compliance which reduces enforcement costs bull Use of local knowledge ndash a valuable supplement to costly science based

research bull Facilitates adaptive management in response to new information and changing

conditions and

44

bull May assist in implementing market based management mechanisms such as Individual Transferable Quotas (ITQs) In some cases ITQs and co-management can strengthen each other as market based incentives operate at instrument level and co-management at the organisational level

128 ESD subprogram approach to Ecosystem Based Management (EBM) and other related systems There has been a high level of confusion in the use of terms such as Ecologically Sustainable Development (ESD) Ecosystem Based Management (EBM) Ecosystem Based Fishery Management (EBFM) Integrated Oceans Management (IOM) and Environmental Management Systems (EMS) As part of the ESD workshop held in April 2004 these specific terms and the general problem of dealing with different terminology amongst groups and countries were discussed by the ESD Reference Group It was hoped that the outcomes of these discussions would minimise the level of confusion in the future at least within the stakeholders operating within the marine related sectors in Australia The following definitions have now been agreed by the Australian Fisheries Management Forum and the Marine and Coastal Committee of the Natural Resources Management Standing Committee

Relationships between ESD EBM EBFM IOM and EMS

At the lowest level are the Environmental Management Systems (EMS) An EMS can be developed to describe how an individual business or a fishery is attempting to meet ESD principles

1 An Industry level EMS deals with the management of a corporate group within a fishery or fishing area They describe how an individualcompany group will meet some or all of their requirements as dictated by the relevant management objectivescommunity expectations A relevant example is the Pumistone Passage Fishing Initiative

2 A Fishery lsquoESDrsquo Report deals with the management of a fishery and describes how a fisheries agency is implementing their management plan [13] to achieve ESD objectives Thus each of the ldquoESDrdquo reports being generated for export fisheries to meet EPBC requirements are actually an EMS with a specific example being the ESD report for the Shark Bay Prawn Fishery

3 Ecosystem Based Fishery Management (EBFM) deals with the aggregate management of all fisheries related activities within an ecosystem or bioregion This recognises that any fisheries agency can only directly manage ldquofisheries relatedrdquo activities (ie what is covered by their ActLegislation) To undertake EBFM requires the integrated management of all fishing activities within a region not just single fisheries to ensure that the cumulative impacts and the allocation amongst sectors are being adequately managed to assist in achieving ESD for the region (No completed examples of this are yet available)

Review of the scope of ESD and EBFM in Australia 45

4 Ecosystem Based Management (EBM) deals with the aggregate management of all sectors (fishing shipping tourism mining etc) operating within a single bioregion to achieve ESD outcomes

5 Integrated Oceans Management (IOM) not only deals with all sectors but covers a series of adjacent marine bioregions An example is bioregional planning under the EPBC Act

6 Full lsquoESDrsquo would require a completed IOM strategy that is linkedintegrated with a similarly comprehensive strategy for any adjacent terrestrial regions These could be further expanded from a region to national and international scale ESD assessments the latter would cover the entire planet

The ESD Reference Group recognised that it will be impossible to stop the development of new terms to encompass principles andor issues that are already covered by these existing terms The general principle is that in all reportspublications the use of any term should be defined or refer to a readily available source For example when using the term ESD the definition used should refer back to the 1992 National Strategy

Fletcher WJ (2006) Frameworks for managing marine resources using ecosystem approaches how do they fit together and can they be useful Bulletin of Marine Science Also see httpwwwfrdccomausubprograms

13 ESDEBFM in Australia a national response bull Regional and bilateral responses bull National response bull NationalStrategy for Ecologically Sustainable Development (NSESD 1992) bull Australiarsquos EEZ (1994) bull Oceans Policy (1998 ndash 2005) bull Environment Protection and Biodiversity Conservation (EPBC) Act 1999 bull Initiatives

- Threat Abatement Plans (TAPs) (DEWHA) - BAPs (DAFF) - NOPAs (DAFF) and

bull Capability and capacity building - Marine and Coastal Committee (MACC) - ESD Reporting and Assessment Subprogram

131 Australia regional and bilateral responses There are a range of international initiatives and measures which are to be implemented at regional levels Issues may be generic to a number of regions or specific to a particular region and governance and management responses are developed and implemented through a range of institutions and organisations such the Regional Seas Programs (RSPs) and the Regional Fisheries Boards (RFBs) or other regional management organisations These organisations and institutions may operate very differently from each other under a range of multilateral agreements some initiatives may be binding others non binding and legal instruments may be voluntary

46

(soft) or mandatory (hard) and deal with a diverse range of issues and have different timeframes

Examples of conventions and agreements relevant to the South Pacific under the Regional Seas Programme and which Australia participates in are

bull The East Asian Seas Action Plan 1981 - the protocol for the prevention of pollution by dumping

bull The South Pacific Action Plan 1982 (Noumea Convention 1982) - the protocol concerning cooperation in combating pollution emergencies

bull South Pacific Regional Environment Programme (SPREP) SPREP is a regional organisation established by the governments and administrations of the Pacific region to look after its environment SPREPrsquos focus is to sustain the integrity of the ecosystems of the Pacific islands region to support life and livelihoods today and tomorrow Coastal and marine ecosystems are included under its island ecosystems program and

bull The 1959 Antarctic Treaty to ensure Antarctica is used exclusively for peaceful purposes and scientific investigation - in recognition of Antarctica as the last great wilderness on earth the Madrid

Protocol was created under the Antarctic Treaty System in 1991 to make certain mutually agreed resolutions on the environment legally binding upon member nations

- the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR) came into force in 1982 as part of the Antarctic Treaty system in pursuance of the provisions of Article IX of the Treaty The aim if the Convention is to conserve the marine life of the Southern Ocean

Australia also participates in a number of regional and bilateral fisheries agreements including the Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific Region Commission for the Conservation of Southern Bluefin Tuna (CCSBT) Indian Ocean Tuna Commission (IOTC) the Western and Central Pacific Fisheries Commission (WCPFC) and the Forum Fisheries Agency (FFA) Responsibilities also include Australiarsquos bilateral relationships with Indonesia and Papua New Guinea and Torres Strait fisheries issues

See httpwwwuneporgregionalseas

132 Australia national response Nation States have co-operative roles at the bilateral regional and international level and responsibilities for co-ordinating implementation actions at these various levels As party to these agreements or members of the above organisations they have responsibility in complying with agreements at the national level and this may mean changes to the domestic governance and management arrangements and ocean and fisheries practices Nation States are also responsible for managing the oceans and fisheries within their own EEZ and these responsibilities may also devolve to states the sub national and to local levels

Australia is party to many of the international agreements described above such as the UN Convention of the Law of the Sea (UNLOSC) 1982 and the Convention of

Review of the scope of ESD and EBFM in Australia 47

Biological diversity (1992) In response to these Conventions and other international governance arrangements Australia developed a national approach to ESD and EBFM as outlined below

133 NSESD 1992 Australia introduced the National Strategy for Ecologically Sustainable Development (NSESD) (Commonwealth of Australia 1992a) The strategy defines Ecologically Sustainable Development (ESD) as ldquousing conserving and enhancing the communityrsquos resources so that ecological processes on which life depends are maintained and the total quality of life now and in the future can be increased (Commonwealth of Australia 1992 p 6)

The goal of NESD is development that improves the total quality of life both now and in the future in a way that maintains the ecological processes on which life depends The core objectives of NSESD are

bull To enhance individual and community wellbeing and welfare by following a path of economic development that safeguards the welfare of future generations

bull To provide for equity within and between generations and bull To protect biological diversity and maintain essential ecological processes and

life-support systems

The challenge for fisheries under NESD was for fisheries management agencies throughout Australia to adopt a fisheries ecosystem management framework that would provide a more holistic and sustainable approach to management of aquatic resources The strategic approach that was recommended included that stakeholder decision making should be based on a knowledge of the likely consequences for the resource and the environment

134 Australiarsquos Exclusive Economic Zone (1994) In November 1994 Australia became responsible under the United Nations Convention on the Law of the Sea for one of the largest ocean territories (16 million square kilometres) As described by Sainsbury et al (1997) Australiarsquos exclusive Economic Zone is one of the worldrsquos largest extending from the Antarctic to the tropics and contains a large portion of the southern hemispherersquos marine biological diversity It has international and national significance Internationally under the agreement Australia is responsible for biological diversity under its jurisdiction and has an obligation to sustainable development Nationally Australiarsquos EEZ has a high economic potential in respect of for example the development of tourism fishing industries biotechnology and the mineral and petroleum industries and these will need to be managed in an integrated manner

48

AFZ and EEZ

In November 1979 Australia declared the Australian Fishing Zone (AFZ) which is the area of sea from the coast out to 200 nautical miles offshore (1 nautical mile = 185 km) This also includes the waters surrounding the offshore territories of the Cocos Christmas Norfolk Macquarie Heard and McDonald Islands Australians are obliged to conserve and manage the fisheries and other marine life within the AFZ Foreign nations cannot legally fish within our waters without prior permission from the Australian Government On 1 August 1994 Australia declared an EEZ extending 200 nautical miles from its coastline The declaration of the Australian EEZ is consistent with the actions taken by other maritime nations under the United Nations Convention on the Law of the Sea (UNCLOS)

The AFZ and the EEZ differ in that while the AFZ relates only to the use or protection of fisheries the EEZ relates to all types of resources in the zone (eg fish oil gas minerals etc) Also under the EEZ regime where the edge of the continental shelf of Australia extends beyond 200 nautical miles Australia has the right to explore and exploit in this area the non-living resources such as oil gas and minerals as well as sedentary fisheries species (ie ones that dont move much off the seabed) The exploitation of non-living resources beyond 200 nautical miles is subject to a duty to share any profits with the International Seabed Authority also established under UNCLOS

135 Australiarsquos Ocean Policy 1998 Australiarsquos Oceans Policy was released in 1998 and continues to guide the direction of the Australian Governmentrsquos programs in the marine environment The policy provides national coordination and consistency for marine planning and management while allowing for regional diversity The policy was established with governance arrangements including

bull A National Oceans Ministerial Board of key Australian Government Ministers bull A National Oceans Advisory Group of industry community and government

stakeholders and bull A National Oceans Office which was established to provide secretariat and

technical support and program delivery for initiatives under the policy

2003 In 2003 two other bodies were established to assist the further development and implementation of Australias Oceans Policy The Oceans Board of Management comprises representatives from seven Australian Government departments and agencies relevant to Australias marine jurisdiction It was formed to provide high-level whole-of-government advice on operational aspects of Australias Oceans Policy and its central program of regional marine planning The Oceans Policy Science Advisory Group comprising representatives of Australian Government marine science and related agencies as well as State research institutions and non-government marine science interests was also formed It is tasked with promoting coordination and

Review of the scope of ESD and EBFM in Australia 49

information sharing between Government marine science agencies and across the broader Australian marine science community

2004 The Australian Government made a number of changes to institutional arrangements in 2004 The National Oceans Ministerial Board was dissolved with the Minister for the Environment and Heritage taking lead responsibility for Australias Oceans Policy in consultation with Ministerial colleagues where required The National Oceans Advisory Group now reports to the Minister for the Environment and Heritage rather than the Board The National Oceans Office was incorporated into the new Marine Division of the Department of the Environment and Water Resources and continues to have lead responsibility for regional marine planning The Marine Division brings together the key elements of marine environment policy into a central point within the Department

2005 In 2005 the Australian Government brought its program of regional marine planning directly under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) The plans will be known as Marine Bioregional Plans to reflect the part of the EPBC Act under which they will be established This initiative gives new impetus for the implementation of Australiarsquos Oceans Policy by streamlining the planning process and providing greater guidance about marine environment conservation priorities The process includes the identification and establishment of marine protected areas (MPAs) in the Commonwealth managed waters around Australia (which excludes the coastal waters managed by the states and Northern Territory) Through the marine bioregional planning program the Australian Government will

bull Prepare marine bioregional plans for Commonwealth waters under the Environment Protection and Biodiversity Conservation Act (EPBC Act)

bull Establish networks of Marine Protected Areas (MPAs) as the Commonwealth contribution to the National Representative System of MPAs and

bull Marine bioregional plans are being developed across five marine regions ndash the South-west North North-west East and South-east

It should be noted as states and the Northern Territory are responsible for the marine environment for the first three nautical miles from the shore and many ecological processes work across both the state and national waters the Australian Government aims to work cooperatively with them in developing and implementing the plans Like the Australian Government the states and the Northern Territory are already working on their contribution to the National Representative System of Marine Protected Areas

Marine Bioregional Plans will be developed in each of Australiarsquos five marine regions The South-East Regional Marine Plan was completed in 2004 and will provide the basis for a Marine Bioregional Plan to be developed under the EPBC Act The five regions are

bull South-east The South-East Marine Region covers more than 16 million square kilometres of water off Victoria Tasmania (including Macquarie Island)

50

southern New South Wales around the town of Bermagui and eastern South Australia from the South AustralianndashVictorian border to Victor Harbor

bull South-west The South-west Marine Region covers more than 13 million square kilometres of ocean waters from the eastern most tip of Kangaroo Island off the South Australian coast to a point level with Cape Inscription on the outer coast of Shark Bay off Western Australia

bull North-west The North-west Marine Region covers more than 12 million square kilometres of water between Shark Bay and the Northern TerritoryWestern Australian border

bull North The Northern Marine Region covers more than 715 000 square kilometres of water in the Gulf of Carpentaria Arafura Sea and the Timor Sea as far west as the Northern TerritoryndashWestern Australian border and

bull East The East Marine Region covers more than 2 million square kilometres of water off the east coast of Queensland and New South Wales (including Lord Howe Island and Norfolk Island) from the town of Bermagui to the tip of Cape York The Great Barrier Reef Marine Park is not included in this planning region

Marine bioregional plans will now be developed under section 176 of the EPBC Act Section 176 of the EPBC Act provides a general description of the provisions a Marine Bioregional Plan may include

bull Descriptions of the biodiversity economic social and heritage values of the region

bull The objectives of the plan relating to biodiversity and other values bull Priorities strategies and actions to achieve the objectives bull How the community can be involved in the plan and bull Mechanisms for monitoring and reviewing the plan over time

There are four stages in developing marine bioregional plans

Stage 1 The regional profile

Regional profiles are documents that describe each regionrsquos key habitats species natural processes heritage values human uses and benefits The profiles will draw on Australiarsquos growing marine science and socio-economic information base to provide a detailed picture of each marine region The regional profiles will give details about the various statutory obligations under the EPBC Act and other environmental legislation that applies in any region as well as describing existing conservation measures and other marine spatial management measures such as area closures for fisheries The regional profiles will also set out the objectives for subsequent work to identify an MPA network for the marine region which will form part of the National Representative System of MPAs

Review of the scope of ESD and EBFM in Australia 51

Stage 2 The draft marine bioregional plan

Following the release of a Regional Profile the Department of the Environment and Heritage will conduct a strategic regional assessment of conservation values and the current and emerging pressures on the marine environment The results of this assessment to be included in a draft Marine Bioregional Plan will identify key conservation and heritage priorities for each marine region and the range of legislative and administrative tools available to the Government to manage them The strategic assessment will provide valuable input to the identification of MPAs A candidate network of MPAs will be included in the draft Marine Bioregional Plan The draft Marine Bioregional Plan will be open for public consultation under regulations to be made under the EPBC Act Stage 3 The final plan

The Marine Bioregional Plan will be finalised after the public consultation It will identify conservation values in the region priorities and measures for the protection of these values a network of MPAs and a set of sustainability indicators that will be used to help explain the health of the marine environment into the future The development of Marine Bioregional Plans will include a greater focus than has occurred previously on the provision of information on each region This will be done via the internet The public will be able to view maps of a region representing different types of information (eg species distribution location of conservation values spread and intensity of industries) as well as being able to provide comments on information contained in regional profiles draft and final marine bioregional plans Stage 4 Implementation and review

Once it is finalised the Minister will be guided by the Marine Bioregional Plan for all decisions affecting the region that the Minister must make under the EPBC Act An implementation strategy will be developed and the formal legal processes to declare the MPA network will commence The Plan will be reviewed from time to time in light of new information and needs

See httpwwwenvironmentgovaucoastsoceans-policyindexhtml

136 Environment Protection and Biodiversity Conservation (EPBC) Act 1999

The Environment Protection and Biodiversity Conservation (EPBC) Act 1999 commenced on 16 July 2000 The aim of the Act is to provide an effective framework for environmental protection and conservation of Australian biodiversity It enables the Commonwealth states and territories to take a national approach to environmental protection and biodiversity conservation The Commonwealth takes responsibility for leadership on the environment and the states take responsibility for delivering on-ground resource management The objectives of the Act are

bull To provide for the protection of the environment especially those aspects that are matters of national environmental significance

52

bull Promote ecologically sustainable development through the conservation and ecologically sustainable use of natural resources

bull Promote the conservation of biodiversity bull Promote a cooperative approach to the protection and management of the

environment involving governments the community and other relevant stakeholders

bull Assist in the cooperative implementation of Australiarsquos international environmental responsibilities and

bull Recognise the role and interests of indigenous people including the use of their knowledge in the conservation and ecologically sustainable use of Australiarsquos biodiversity)

Under the Act if an action will have or is likely to have a significant impact on a matter of national significance it will require approval from the Environment Minister and may require an Environmental Impact Assessment Matters of national significance include

bull listed threatened species and ecological communities bull migratory species protected under international agreements bull Ramsar wetlands of international importance bull the Commonwealth marine environment bull World Heritage properties bull National Heritage places and bull nuclear actions (Commonwealth of Australia 2006 pg 4)

An action is likely to have a significant impact on the environment in a Commonwealth marine area if there is a real chance or possibility that the action will

bull Result in a known or potential pest species becoming established in the Commonwealth marine area

bull Modify destroy fragment isolate or disturb an important or substantial area of habitat such that an adverse impact on marine ecosystem functioning or integrity in a Commonwealth marine area results

bull Have a substantial adverse effect on a population of a marine species or cetacean including its life cycle (eg breeding feeding migration behaviour life expectancy) and spatial distribution

bull Result in a substantial change in air quality or water quality (including temperature) which may adversely impact on biodiversity ecological integrity social amenity or human health

bull Result in persistent organic chemicals heavy metals or other potentially harmful chemicals accumulating in the marine environment such that biodiversity ecological integrity social amenity or human health may be adversely affected or

bull Have a substantial adverse impact on heritage values of the Commonwealth marine area including damage or destruction of an historic shipwreck (Commonwealth of Australia 2006 pg 16)

Review of the scope of ESD and EBFM in Australia 53

Under the EPBC Act the Australian Government has consolidated its major environmental controls and effective from January 2002 the wildlife trade provisions previously implemented through the Wildlife Protection (Regulation of Imports and Exports) Act 1982 The legislation provides a framework that will enable the Australian Government to ensure that any harvesting of marine species is managed for ecologically sustainability The primary roles of the Sustainable Fisheries Section include the evaluation of the environmental performance of fisheries for strategic assessment under Part 10 of the EPBC Act assessments relating to impacts on protected marine species (Part 13) and those required for approval of export of fisheries product (Part 13A)

The EPBC Act requires all Commonwealth managed fisheries to undergo strategic environmental impact assessments before new management arrangements are bought into affect and that all fisheries with an export component undergo assessment to determine the extent to which management arrangements will ensure that the fishery is managed in an ecologically sustainable way

137 Looking to the future a review of Commonwealth fisheries policy The review highlighted

bull The need for ecosystem-based fisheries management bull The need for effective and transparent decision making to allocate access rights

among all sectors using fisheries resources bull A requirement for Commonwealth state and territory governments to ensure

that future arrangements provide for total stock management as well as better coordination of their fisheries management responsibilities and

bull Support for better targeted research and development

Community expectations that the review identified about fisheries management focused on

bull Ecologically sustainable development and efficient effective ecosystem-based management of fisheries including recovery of depleted stocks the need for improved resource sharing and institutional arrangements

bull The importance of Australiarsquos efforts in combating illegal unreported and unregulated fishing and in pursuing its interests in regional and international forums and

bull The need to encourage young people into the industry

138 Ministerrsquos announcement for Securing our Fishing Future package for Commonwealth fisheries (2005)

The $220 million Securing our Fishing Future package was announced in November 2005 and was designed to deliver profitable and sustainable Commonwealth fisheries for the future The package includes three key features

bull The 2Australian Fisheries Management Authority will introduce new fisheries management actions to ensure Commonwealth-managed fisheries remain sustainable 2Future Operating Environment for Commonwealth Fisheries

54

bull The Marine Protected Areas (MPAs) in the South-East Marine Region which have been developed by the 2Department of the Environment and Heritage to protect marine biodiversity and

bull DAFF is responsible for the development of policy and administration of the $220 million 2fisheries structural adjustment package This includes elements of the Securing our Fishing Future package such as Business Exit Assistance Business Advice Assistance Assistance for Skippers and Crew Onshore Business Assistance Fishing Community Assistance and the AFMA Levy Subsidy

Details of the Australian Governmentrsquos direction to AFMA

The Australian Government considers that decisive action is needed immediately to halt overfishing and to create the conditions that will give overfished stocks a chance to recover to an acceptable level in the near future

With this in mind Australian Fisheries Management Authority (AFMA) has been directed under section 91 of the Fisheries Management Act 1991 as follows 1 Noting the qualification in relation to internationally-managed fisheries in

paragraph 2(a)(iv) below AFMA must take immediate action in all Commonwealth fisheries to

a cease overfishing and recover overfished stocks to levels that will ensure long term sustainability and productivity

b avoid further species from becoming overfished in the short and long term and

c manage the broader environmental impacts of fishing including on threatened species or those otherwise protected under the Environment Protection and Biodiversity Conservation Act 1999

2 AFMA must take a more strategic science-based approach to setting total allowable catch andor effort levels in Commonwealth fisheries consistent with a worlds best practice Commonwealth Harvest Strategy Policy that has the objectives of managing fish stocks sustainably and profitably putting an end to overfishing and ensuring that currently overfished stocks are rebuilt within reasonable timeframes as set out below

a Consistent with the United Nations Fish Stocks Agreement and based on advice from Commonwealth Scientific and Industrial Research Organisation (CSIRO) and other relevant scientists the initial setting of the Commonwealth Harvest Strategy Policy should be

i in all Commonwealth fisheries the exploitation rate of target stocks in any fishing year will not exceed that giving the Maximum Sustainable Yield The catch of target stocks in all Commonwealth fisheries will not exceed the Maximum Sustainable Yield in any fishing year unless otherwise consistent with a scientifically robust harvest strategy designed to achieve a sustainable target level and that does not result in overfishing or overfished stocks

Review of the scope of ESD and EBFM in Australia 55

ii for the initial and default harvest strategy reductions in exploitation rate and catch are to be implemented immediately when breeding stocks are assessed to have been reduced below 40 of pre-fished levels and targeted fishing to cease when breeding stocks are assessed to have been reduced below 20 of pre-fished levels (known as a 2040 harvest strategy) Alternative harvest strategies may be developed in specific cases where they meet the sustainability objectives and do not result in overfishing or overfished stocks

iii the harvest strategy must achieve the objective of avoiding overfishing and avoiding overfished stocks with at least 80 probability (where lack of knowledge about a fish stock precludes decision making with this level of certainty decisions on catchunits should reflect the application of the precautionary principle) and

iv noting that for internationally-managed fisheries to which Australia is a party (such as the Southern Bluefin Tuna Fishery and the Heard Island and McDonald Islands Fishery) the relevant international agreement will prevail where it includes an acceptable scientific process for setting sustainable catch levels In such flora Australia will advocate its domestic policy settings as an example of best practice

b Participate in an expert review of the policy referred to in paragraph 2(a) above which will report to me by 30 June 2006

i The expert-based review of the above initial settings for the Commonwealth Harvest Strategy Policy will determine if and by how much these settings should be amended to ensure that the objectives in relation to sustainability and profitability overfishing and recovery of stocks are met within specified time limits

ii The expectation is that for some species the adoption of more conservative harvest strategies with higher stock size thresholds (eg lsquo3050rsquo strategies) lower exploitation rates or a higher probability (eg 90-95) of avoiding overfishing will be necessary to achieve these objectives

iii The review will be led by the Department of Agriculture Fisheries and Forestry (DAFF) will involve relevant bodies and will be peer reviewed by international fisheries experts

3 Noting that AFMA has released the Total Allowable Catch (TAC) levels for 2006 in the Southern and Eastern Scalefish and Shark Fishery (SESSF) and projected TAC and Total Allowable Effort (TAE) levels for the SESSF and the Eastern Tuna and Billfish Fishery respectively for 2007 AFMA must implement by 1 January 2007 harvest strategies consistent with the reviewed policy in paragraph 2(b) above for all Commonwealth fisheries

a the projected TACs and TAEs for 2007 referred to above will be subject to verification under the reviewed policy in paragraph 2(b) however it is

56

not expected that these will vary significantly from those already announced by AFMA

b the TAC level for the Bass Strait Central Zone Scallop fishery should be set at zero for a minimum of three years from January 2006 (excluding official stock surveys)

4 AFMA must also have regard to participate in or implement the following measures

a Implement the long standing government policy of managing Commonwealth fisheries using output controls in the form of individual transferable quotas by 2010 unless there is a strong case that can be made to me on a fishery by fishery basis that this would not be cost effective or would be otherwise detrimental

b In those fisheries where quota or effort-based Statutory Fishing Rights (SFRs) have been granted conduct a cost-benefit analysis to determine whether boat permits andor boat SFRs are an impediment to autonomous adjustment or are otherwise a barrier to efficient fisheries management and if this is the case whether they could be phased out by 2010 while

i Avoiding overcapitalisation ii Retaining the benefits of government funded structural

adjustment iii Managing access to all retained species

c Minimise the incentives for discarding by ensuring it is factored into the setting of total allowable catch levels

d Manage the broader environmental impacts of fishing including minimising the level of interactions with threatened or otherwise protected species

e Enhance the monitoring of fishing activity for example through increased use of vessel monitoring systems with daily reporting on-board cameras and observers

f Establish a system of independent surveys for all major Commonwealth fisheries by 1 January 2007 to increase the transparency and integrity of catch and effort information

g Identify and implement any required spatial closures in fisheries i Ensure that where ongoing exclusion of fishing is proposed there

is a coordinated approach with other relevant agencies to the identification of the Marine Protected Areas and

h Strengthen the advice to the AFMA Board by engaging high-level expertise in economics and science to provide parallel advice to the AFMA Board in relation to key Board decisions

5 AFMA must provide me with reports in May 2006 November 2006 and May 2007 outlining the following

a how AFMA is implementing this direction (paragraphs 1 to 3 above)

Review of the scope of ESD and EBFM in Australia 57

b AFMArsquos progress in implementing the direction and expected timeframes for completing the direction and

c any problems encountered with implementing the direction and the actions taken to resolve those problems

6 From 2006 ndash 2010 AFMA will outline in its Annual Report its progress in implementing this direction

a AFMArsquos performance in implementing the direction will be monitored in a number of ways These will include but are not limited to

b AFMArsquos reports to me in May 2006 November 2007 and May 2007 c ongoing briefing from my Department on the progress of the expert-based

reviews d the June 2006 report on the expert-based review of the Commonwealth Harvest

Strategy Policy e ongoing advice from Bureau of Rural Science (BRS) on the status of overfished

stocks particularly through its annual Fishery Status Reports f ongoing advice from Australian Bureau of Agricultural and Resource

Economics (ABARE) on the economic status of Commonwealth fisheries through the annual Fishery Survey Reports

g AFMArsquos Annual Reports the Department of the Environment and Heritagersquos strategic assessments of Commonwealth fisheries

Outline of the proposed Marine Protected Areas (MPAs) networks in the South-East Marine Region

The proposed Marine Protected Areas (MPAs) network in the South-East Marine Region is one of the first in a series of regional representative marine parks to be established nationally and contribute to building the National Representative System of Marine Protected Areas (NRSMPA) The proposed thirteen new Commonwealth Marine Reserves (CMR) are in Commonwealth waters within the South-East Marine Region

There are five different zones in the network 42 of the total area is sanctuary zone managed primarily for scientific research monitoring and where appropriate passive uses 36 of the network is special purpose zone closed to commercial fishing 21 of the network is classified multiple use where low-impact fishing methods and other activities are permitted The remaining area is made up of two specialised zones called the benthic sanctuary zone and the recreational use zone All CMRs are managed primarily for biodiversity conservation

Outline of the fisheries structural adjustment package

The Australian Government allocated $150 million for a one-off voluntary tender process to allow individual fishing businesses to exit from the industry or rationalise their business and remain in the industry Two rounds of a competitive tender process were undertaken within a capped budget with the aim of reducing excess fishing in fisheries that are subject to overfishing or at significant risk of overfishing

58

Business Exit Assistance was delivered through two competitive tenders The first tender round closed on 22 June 2006 and an announcement of the outcomes was made on 15 September 2006 The second round opened on Thursday 19 October 2006 and closed on the 23 November 2006 The results of the 2second round were announced on 22 December 2006 Concession holders in all Commonwealth-managed fisheries (except internationally managed and Joint Authority fisheries) were eligible to tender for Business Exit Assistance

The first tender round closed on 22 June 2006 and an announcement of the 2outcomes was made on 15 September 2006 The first round of Business Exit Assistance spent around $90 million purchasing over 400 fishing concessions from many Commonwealth fisheries In two of the four targeted fisheries ndash the Southern and Eastern Scalefish and Shark Fishery (excluding the Great Australian Bight Fishery) and the Eastern Tuna and Billfish Fishery ndash the Department achieved a very satisfying result Unfortunately very few offers from the Northern Prawn Fishery (NPF) and the Bass Strait Central Zone Scallop Fishery (BSCZSF) were accepted

The second round tender was open to all Commonwealth concession holders with the exception of internationally managed fisheries and Joint Authority fisheries The second round tender specifically targeted the NPF and the BSCZSF but sought value for money within fisheries and across other Commonwealth fisheries Close to 150 concessions were purchased following this round the NPF will realise a one third reduction in concessions while the BSCZSF reduction will be closer to 14 per cent Approximately $60 million was spent in the second round tender process Successful second round tenderers have until 15 March 2007 to hand in their fishing concessions

139 AFMArsquos response to the Ministerrsquos directive AFMA is committed to ecological and economic sustainability of the fishing industry In response to the Australian Governmentrsquos direction AFMA will implement the following measures in all Commonwealth fisheries

Sustainable stocks A new Harvest Strategy Framework will be applied to all Commonwealth managed fisheries by 2008 The framework sets the lsquogoalpostsrsquo for managing catches by setting agreed target and limit reference points and clear decision rules for each species The framework has been used for some time in Australiarsquos sub-Antarctic fisheries and was most recently used to establish Total Allowable Catches in the Southern and Eastern Scalefish and Shark Fishery

Managing risk Ecological Risk Assessments (ERAs) identify the risks that fishing poses to the ecological sustainability of the marine environment and help prioritise management needs ERAs will be completed for all Commonwealth fisheries during 2006 Many of our future fisheries management decisions will be based on the outcomes of the ERA process

Improved compliance and data To improve compliance and data and minimise management costs the following actions will be introduced into Commonwealth fisheries

Review of the scope of ESD and EBFM in Australia 59

bull Vessel Monitoring Systems (VMS) will become compulsory in all Commonwealth fisheries

bull On-board catch-monitoring cameras will also be increasingly used to complement existing Observer programs

bull An electronic licensing transaction system will be developed including the capacity for ldquoself-servicerdquo for some transactions

bull Administrative rather than prosecution based penalties will be used more frequently for fisheries offences to reduce management costs borne by the whole industry rather than the offending individual

bull The integrity of fisheries management arrangements will be improved through measures designed to minimise the black market in illegally caught fish and

bull Measures to protect threatened vulnerable or endangered species will be enhanced and further developed where necessary

Reducing discarding and bycatch

bull Discarding of species subject to a total allowable catch limit or quota management will be illegal in all Commonwealth fisheries by 2007 and

bull Assess and implement measures to significantly reduce bycatch in all Commonwealth fisheries with the goal to halve it by 2008

Efficient management arrangements

bull AFMA will support the negotiation of new Offshore Constitutional Settlement arrangements that improve the integrity of its management systems that are being developed by the Australian Government with the states and Northern Territory and

bull AFMA will begin the process of reviewing those fisheries not on ITQ management during 2006

There are also a number of fishery specific actions that relate to the Southern and Eastern Scalefish and Shark Fishery Eastern Tuna and Billfish Fishery and Bass Strait Central Zone Scallop Fishery

1310 Capability and capacity building

National Resource Management Ministerial Council (NRMMC)

National Resource Management Standing Committees (NRMSC) and Advisory Committees There are two major advisory committees that underpin the work of the NRMSC These are the 2Natural Resource Policies and Programs Committee and the 2Marine and Coastal Committee In addition there are a range of other committees working groups and task forces that undertake work as necessary and generally report to Standing Committee through one or other of the advisory committees

Natural Resource Policies and Programs Committee

The Natural Resource Policies and Programs Committee (NRPPC) was created in early 2004 through an amalgamation of the previous Programs Committee and Land Water

60

and Biodiversity Committee The NRPPC at its inaugural meeting in March 2004 focused on the high priority national issues that should be addressed strategically by the committee The high priority issues selected to set the direction for the NRPPC work plan over the next twelve months are

bull Natural resource management decision-making bull Biodiversity decline bull soil and water quality decline bull Water policy developing a complementary role to several multi-jurisdictional

issues bull Climate change and adaptation effectiveness of regional NRM delivery and bull Invasive species

NRPPC will also liaise with the Marine and Coastal Committee and other relevant bodies as appropriate on matters relevant to the NRPPC This includes advisory committees reporting to the Primary Industries Standing Committee

Marine and Coastal Committee

Membership of the Marine and Coastal Committee MACC) includes Commonwealth and state government natural resource and fisheries management agencies The MACC Secretariat is currently at the Department of the Environment and Heritage The MACC work program is involved with a wide range of issues including those related to EBFM implementation The Marine and Coastal Committee will

bull Advise and support the NRMSC (and Primary Industries Standing Committee (PISC) as appropriate) on issues of national significance relating to the conservation and ecologically sustainable development of marine and coastal ecosystems and resources

bull Provide an ongoing framework to consider issues related to sustainable industry development in the marine and coastal zone

bull Focus on the need for an integrated and strategic approach which is capable of delivering outcomes

bull Establish subordinate structurestaskforces to advance the Committees work program and direct monitor and review their work and

bull Liaise with the Land Water and Biodiversity Committee and the Programs Committee and other bodies as appropriate on matters relevant to the activities of the Marine and Coastal Committee

See httpwwwmincosgovaunrm_sc_committeeshtm

Ecologically Sustainable Development Reporting and Assessment Subprogram

The main objective of the Ecologically Sustainable Development Reporting and Assessment (ESDRA)Subprogram which is funded by the Fisheries Research and Development Corporation is to act as the coordinating hub for the development of information and tools for ESD reporting and assessment This is part of a national initiative to implement ESD within the management of all Australian fisheries and

Review of the scope of ESD and EBFM in Australia 61

aquaculture resources It is aimed at assisting fishery managers the industry environmental groups and the wider community in understanding

bull ESD and issues relating to fisheries bull The initiatives are currently underway to develop methods to assess ESD

performance in fisheries bull The 2structures that have been put in place such as the Fisheries Research and

Development Corporations ESD Reporting and Assessment Subprogram to assist these initiatives and

bull The 2progress that has been made in moving towards ESD-based fisheries management

Scope and objectives of the ESDRA Subprogram Given that Ecologically Sustainable Development (ESD) effectively includes virtually all the activities conducted by fisheries agencies and the fisheries industry it is important to define the scope of the ESD Reporting and Assessment (ESDRA) Subprogram The ESDRA Subprogram will only address national projects that seek to make a major contribution as to how reporting and assessment of ESD can be undertaken to assist in its implementation

The objectives of the Ecologically Sustainable Development Reporting and Assessment (ESDRA) Subprogram are to

bull Act as the coordinating hub for the development of information and tools for ESD reporting and assessment

bull Facilitate practical implementation of ESD initiatives by providing a leadership role

bull Coordinate and facilitate the development and evaluation of relevant applications on the reporting and assessment of ESD

bull Facilitate the participation of the ESDRA Reference Group bull Assist project integration and value-adding through regular project workshops

and bull Coordinate the formulation and delivery of the ESDRA communications

strategy

The Ecologically Sustainable Development Reporting and Assessment (ESDRA) Subprogram currently uses consultative structures that had already been developed including the Standing Committee on Fisheries and Aquaculture (SCFA) Working Group in combination with the ESD lsquoReference Grouprsquo The ESDRA Reference Group has four main roles that are to

bull Provide comments and feedback on the progress of current ESDRA projects bull Assist in the identification of future directions for projects within the ESDRA

Subprogram bull Provide comments on applications submitted for funding through the ESDRA

Subprogram and

62

bull Assist the flow of communication into and from the ESDRA Subprogram and their particular agencyindustrygroup

See 3httpwwwfrdccomausubprograms

14 Fisheries policy initiatives and mitigation measures bull Department of Agriculture Fisheries and Forestry (DAFF)

- Fisheries and Marine Environment Branch - Fisheries policy initiatives and mitigation measures and

bull The Department of Environment Water Heritage and the Arts (DEWHA) - The Coasts and Oceans Division - Fisheries policy initiatives and mitigation measures

141 Department of Agriculture Fisheries and Forestry The role of Department of Agriculture Fisheries and Forestry (DAFF) is to develop and implement policies and programs that ensure Australiarsquos agricultural fisheries food and forestry industries remain competitive profitable and sustainable DAFF policies and programs

bull Encourage and support sustainable natural resource use and management bull Protect the health and safety of plant and animal industries bull Enable industries to adapt to compete in a fast-changing international and

economic environment bull Help improve market access and market performance for the agricultural and

food sector bull Encourage and assist industries to adopt new technology and practices and bull Assist primary producers and the food industry to develop business and

marketing skills and to be financially self-reliant

Fisheries and Marine Environment Branch

Responsibilities include provision of policy advice for sustainable fishing including the effects of fishing on non-target species and the marine environment This includes bycatch policy involving both international and national plans of action for seabirds and sharks (and actions for other listed species) use of marine protected areas and ecosystem based regional marine planning under Oceans Policy and the development of a Coastal Policy The Fisheries Environment section is also responsible for administering of the Recreational Fishing Community Grants Programme and also

bull Invasive marine species tasks include coordinating the development of national policies at the Commonwealth and StateTerritory level to help prevent incursions and translocations of exotic marine pests particularly by commercial shipping operations Other activities include managing research and development activities related to introduced marine pests and

bull Domestic fisheries responsibilities include providing policy advice on national fisheries policy issues legislative processes resource access and use including native title and recreational fishing

Review of the scope of ESD and EBFM in Australia 63

Fisheries policy initiatives and mitigation measures

Two major bycatch policies have been developed to provide guidance to bycatch management in Australia The 3National Policy on Fisheries Bycatch and the 3Commonwealth Policy on Fisheries Bycatch (addressing issues in Commonwealth-managed fisheries) and the National Plans of Action (NOPAs)

National policy on fisheries bycatch Concern about the catch by the commercial fishing sector of non-target species ndash a problem known as bycatch ndash has grown in importance during the past few years with growing awareness of the need for ecologically sustainable development of the commercial fishing industry Australian governments have taken steps to address bycatch including the preparation of a threat abatement plan to mitigate the take of seabirds in longline fisheries and the development of National Plans of Action for 3Sharks and 3Seabirds

Other initiatives taken to further minimise bycatch include agreements by industry for the mandatory adoption of turtle excluder and bycatch reduction devices in several fisheries Underpinning these management practices a number of research programs are testing and promoting technological improvements to fishing gear and methods All Australian governments cooperated to develop a bycatch policy the National Policy on Fisheries Bycatch to provide a national framework for coordinating efforts to reduce bycatch The Policy provides options by which each StateTerritory jurisdiction can manage bycatch coherently and in a national context while still allowing for differences in StateTerritory fisheries Consistent with this National policy the Australian Government has developed its own bycatch policy for use in its fisheries the Commonwealth Policy on Fisheries Bycatch

The Commonwealth Policy on Fisheries Bycatch The Commonwealth Policy on Fisheries Bycatch was released jointly by the Commonwealth Ministers for the Environment and Heritage and Agriculture Fisheries and Forestry in June 2000 The policy recognises that bycatch is an important fishery management problem requiring a broad strategic approach It incorporates the views of a wide range of stakeholders such as the public the fishing industry research management and conservation agencies and non-government organisations

The Australian Fisheries Management Authority (AFMA) is committed in the policy to develop Bycatch Action Plans (BAPs) for major Commonwealth fisheries The process for developing BAPs reflect the guiding principles of the policy and the final BAPs recognise the unique biological ecological economic and social nature of individual fisheries

The BAPs focus on practical and cost-effective measures to address important bycatch issues such as the mandatory use of Turtle Excluder Devices in the prawn fisheries preventing the use of wire traces to reduce bycatch of sharks developing species-identification guides and consideration of area closures The BAPs also include commitments to improve data collection assessment and research The BAPS are based on a philosophy of continual improvement The AFMA Boardrsquos Environment

64

Committee monitors the implementation of BAPs and ensures they are reviewed and updated every two years taking into account issues raised by stakeholders

National Plans of Action To complement the various mechanisms being introduced to address the issue of bycatch and to show Australiarsquos commitment to the UN Food and Agriculture Organisationrsquos (FAO) International Plans of Action (IPOA) the Government is developing a National Plan of Action (NPOAs) for reducing the incidental catch of seabirds in longline fisheries (NPOA-Seabirds) and has developed National Plan of Action for conservation of sharks (NPOA-Sharks) 3National Plan of Action to Prevent Deter and Eliminate IUU Fishing (NPOA IUU) and development of a national strategy to address adverse human seal interactions NPOA ndash Seabirds Australia is addressing the problem of seabird bycatch in longline fisheries The principal tool through which bycatch mitigation is currently being tackled is the Threat Abatement Plan for the Incidental Catch (or by-catch) of Seabirds during Oceanic Longline Fishing Operations (TAP) The TAP is a legislated through the Environment Protection and Biodiversity Conservation Act 1999 Under the TAP Australian Government-managed longline fishers must choose between a range of measures to minimise the bycatch of seabirds depending on the circumstances of their particular operations

The Australian Government Department of Agriculture Fisheries and Forestry (DAFF) in conjunction with the Australian Fisheries Management Authority the Tasmanian Department of Primary Industries Water and the Environment and the Australian Government Department of the Environment and Heritage has undertaken an assessment on all Australian longline fisheries and their interactions with seabirds and gathered information on mitigation measures implemented and trailed to date The Assessment Report (above) Seabird Interactions with Longline Fisheries in the Australian Fishing Zone represents the first step in the development of Australiarsquos Seabird-plan

NPOA ndash Sharks The Shark-plan recognises that while Australia is not a major shark fishing nation it is acknowledged that sharks are an important part of the total quantity of Australiarsquos wild fish production and that Australian vessels regularly take sharks as target and non-target catch In addition to commercial fishing sharks may be captured by recreational fishers shark control devices for bather protection and the aquarium trade Sharks are also of cultural and spiritual significance to Australian Indigenous people The spiritual connection to shark varies regionally

Sharks are valued for their contribution to the marine environment where they often fill the role of peak predator Legislation in some states and the Commonwealth provides for the listing and protection of threatened shark species Currently there are nine shark species that are protected in Australian waters The resultant Shark-plan aims to address shark conservation and management issues through six key themes

Review of the scope of ESD and EBFM in Australia 65

bull Reviewing existing conservation and management measures bull Improving conservation and management measures bull Changes to data collection and handling bull Research and development bull Education or awareness raising and bull Improved coordination and consultation

The Shark-plan was endorsed by the Natural Resource Management Ministerial Council on 16 April 2004

NPOA-IUU Australia has implemented the IPOA-IUU domestically through its 3National Plan of Action to Prevent Deter and Eliminate IUU Fishing (NPOA-IUU) presented to the FAO on 12 March 2005 The NPOA-IUU closely follows the structure and measures of the IPOA-IUU It was developed through significant consultation with stakeholders in the fishing industry relevant non-government organisations state and territory fisheries agencies and national government departments and agencies Australiarsquos national plan outlines the domestic and international measures taken and will implement in the future to combat IUU fishing covering domestic and foreign fishing in all Australian jurisdictions

In July 2003 the Australian Government decided on a multi-faceted strategy to combat IUU fishing in Australiarsquos Southern Ocean territories The strategy aims to combat IUU fishing through

bull Better coordination and information use in Government bull Enhanced on-the-water surveillance and enforcement and bull Strongly pursuing international action at bilateral and multilateral levels

(including through the Commission on the Conservation of Antarctic Marine Living Resources CCAMLR) to strengthen existing international instruments and arrangements and where appropriate develop new ones to combat IUU activities

At the national management level Australia already applies a stringent management regime to vessels operating under its flag within the EEZ and on the high seas The fishing operations of Australian-flagged vessels within the AFZ are controlled by Federal State and Territory fisheries legislation Fishing operations are authorised through the issue of licences and concessions that are subject to specific management rules which are directed towards ensuring the long-term sustainability of the fisheries resources Risk-based fisheries monitoring and compliance regimes are developed and implemented by both the Federal and state governments to ensure that the integrity of the fisheries management arrangements is maintained The nature of each compliance program is dependent on the requirements for each fishery and involves a mixture of physical surveillance both on the water and from the air the monitoring of unloads of catches in port the auditing of paper trails to determine catch landings and technical applications such as Vessel Monitoring Systems (VMS)

66

Developing a national strategy to address adverse human seal interactions The Marine and Coastal Committee (MACC) established the National Seal Strategy Group (NSSG) comprising relevant Australian State and Territory Government agency representatives to develop a draft strategy to address human-seal interactions The Draft Strategy highlights the need to mitigate adverse impacts on Australian seal populations in the fishing aquaculture and tourism sectors

The objective of the National Seal Strategy is to facilitate a nationally coordinated approach to identify and address human-seal interactions In particular it seeks to assist the commercial fishing industry to understand the legislative requirement for the protection of seals in Australian waters and to guide fishersrsquo efforts to reduce bycatch The strategy also addresses interactions experienced in the aquaculture and tourism industry sectors

The National Seal Strategy will identify

bull Objectives and actions to be undertaken in the period 2005-2010 bull Agencies and organisations responsible for implementing each action bull Timeframes (actions to be implemented over a five year period) and bull Performance indicators

The purpose of the consultation phase is to increase awareness and understanding of the Draft National Seal Strategy and seek public input (httpwwwdaffagovaufisheries)

142 The Department of the Environment Water Heritage and the Arts The role of the Australian Government Department of the Environment Water Heritage and the Arts (DEWHA) is to focus on matters of national environmental significance by

bull Advising the Australian Government on its policies for protecting the environment and water resources

bull Administering environment and heritage laws including the 3Environment Protection and Biodiversity Conservation Act 1999

bull Managing the Australian Governments main environment and heritage programs including the $3 billion 3Natural Heritage Trust

bull Implementing an effective response to climate change and bull Representing the Australian Government in 3international environmental

agreements related to the environment and Antarctica

Throughout Australia environment and heritage issues are also managed by other levels of government

The Coasts and Oceans Division

The Coasts and Oceans Division is responsible for

bull 4Integrated Coastal Zone Management in Australia (outlined below) bull The Coastal Catchments Initiative (CCI) outlined below)

Review of the scope of ESD and EBFM in Australia 67

bull Great Barrier Reef Water Quality Protection Plan annual report bull 4Great Barrier Reef Marine Park Act review bull 4Great Barrier Reef Marine Park structural adjustment package 2004 bull 4Coastal Catchments Initiative and bull 4Queensland Wetlands Programme

Integrated Coastal Zone Management Integrated Coastal Zone Management aims to protect coastal and estuarine water quality coastal biodiversity and the economic base of coastal areas around Australia The fundamental goal of Integrated Coastal Zone Management (ICZM) is to maintain restore or improve the quality of coastal zone ecosystems and the societies they support National cooperation is required to achieve ecologically sustainable development through ICZM

The Framework for a National Cooperative Approach to Integrated Coastal Zone Management endorsed in October 2003 addresses both development and conservation challenges for coastal Australia that are of national scale and scope It recognises the need for governments to support ongoing economic social and environmental well being in the coastal zone It sets the scene for national cooperation in managing coastal issues and ensuring effective and complementary arrangements within and across jurisdictions and to better reflect the interests of coastal stakeholders

The six priority areas addressed in the framework are

bull Integration across the catchment coast ocean continuum bull Land and marine based sources of pollution bull Climate change bull Pest plants and animals bull Planning for population change and bull Capacity building

While jurisdictions have different legislative and administrative frameworks for managing the coastal zone adopting a national cooperative approach seeks to address cross border and sectoral issues harmonise joint action towards management of common issues and encourage investments from all jurisdictions

An implementation plan that seeks nationally cooperative outcomes within nominated timeframes has been released 4The National Cooperative Approach to Integrated Coastal Zone Management ndash Framework and Implementation Plan sets out under the strategic priority areas implementation objectives and actions required to address coastal management issues Actions identified in the implementation plan will build on existing coastal management initiatives at all levels of government and where feasible will be achieved through the efficient allocation of existing resources

The implementation of the Framework for a National Cooperative Approach to Integrated Coastal Zone Management is managed through the Intergovernmental Coastal Advisory Group (ICAG) comprised of representatives from the Australian Government each state government the Northern Territory Government and the Australian Local Government Association (ALGA) ICAG members meet several times a year to share experiences and to work on Framework implementation

68

Coastal Catchments Initiative The Coastal Catchments Initiative (CCI) will seek to deliver significant reductions in the discharge of pollutants to agreed hotspots where those hotspots have been identified through agreement with the relevant jurisdictions The Coastal Catchments Initiative aims to achieve target reductions in pollutant discharges to coastal water quality hotspots This will be through the development and implementation of Water Quality Improvement Plans prepared in accordance with the Australian Governments Framework for Marine and Estuarine Water Quality Protection Rollout of the CCI is to be undertaken in collaboration with State environment protection agencies

The framework builds upon key elements of the 4National Water Quality Management Strategy (NWQMS) and the 4National Principles for the Provision of Water for Ecosystems The key features of the framework include

bull The environmental values of the coastal water bull The catchment that discharges to that coastal water bull The water quality issues (eg algal blooms sedimentation high coliform

concentrations causing beach closures) and subsequent water quality objectives bull The load reductions of pollutants to be achieved to attain and maintain the

water quality objectives bull The setting of the maximum load of pollutants against diffuse and point sources

of pollution bull The river flow objectives to protect identified environmental values having

regard for matters such as natural low flows flow variability floodplain inundation interactions with water quality and the maintenance of estuarine processes and habitats

bull Management measures timelines and costs in implementing the plan and bull The grounds for a reasonable assurance from jurisdictions to provide security

for investments to achieve and maintain the specified pollutant load reduction and environmental flow targets

Fisheries policy initiatives and mitigation measures

Threat Abatement Plans The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides for the identification and listing of key threatening processes A process can be listed as a key threatening process if it could cause a native species or ecological community to become eligible for adding to a threatened list (other than conservation dependent) or cause an already listed threatened species or threatened ecological community to become more endangered or if it adversely affects two or more listed threatened species or threatened ecological communities

The incidental catch (or bycatch) of seabirds during oceanic longline fishing operations was listed as a key threatening process on 24 July 1995 As required under Commonwealth legislation (now the Environment Protection and Biodiversity Conservation Act 1999 Act) a Threat Abatement Plan for the Incidental Catch (or By-catch) of Seabirds During Oceanic Longline Fishing Operations was prepared and approved by the Minister for the Environment on 2 August 1998

Review of the scope of ESD and EBFM in Australia 69

The Threat Abatement Plan (TAP) expired in August 2003 necessitating a review under subsection 279 (2) of the EPBC Act The provisions of the new TAP will now apply to all fisheries managed by the Australian Government A 4Threat Abatement Plan 2006 for Bycatch of Seabirds was prepared in consultation with the Longline Fishing TAP Team to meet the requirements of the EPBC Act and to coordinate national action to alleviate the impact of longline fishing activities on seabirds in Australian waters

See 4httpwwwenvironmentgovaucoastsfisheriesindexhtml

15 Australian fisheries management In Australiarsquos federal system the national (Commonwealth) Government and state governments share management of the many high value fisheries in the oceans surrounding the continent Constitutionally the Commonwealth is responsible for the fisheries outside the three nautical mile territorial sea limit while the states manage fisheries in their adjacent waters However for reasons of practicality and efficiency arrangements which allocate the respective responsibilities of the two levels of government on a different basis may be agreed under ldquoOffshore Constitutional Settlementsrdquo for particular fisheries Fisheries management will be discussed under the following headings

bull Commonwealth fisheries bull State and Territory fisheries and bull EBFM key fisheries management concepts

151 AFMA Commonwealth fisheries The Australian Fisheries Management Authority (AFMA) is the statutory authority responsible for the efficient management and sustainable use of Commonwealth fish resources on behalf of the Australian community AFMA manages fisheries within the 200 nautical mile Australian Fishing Zone (AFZ) on the high seas and in some cases by agreement with the states to the low water mark As a general rule of thumb AFMA looks after commercial fisheries from three nautical miles out to the extent of the AFZ The states and the Northern Territory generally look after recreational fishing commercial coastal and inland fishing and aquaculture

The Australian Fisheries Management Authority (AFMA) is strongly committed to the conservation of marine ecosystems and biodiversity by promoting the sustainable use of fisheries resources AFMA aims not only for healthy fish stocks but to manage fishing in a way that takes into account its effect on the broader environment and to ensure that licensed fishers take appropriate steps to minimise their impact on the ecosystem This is achieved through

bull 5Policy and planning in managing Commonwealth fisheries the Australian Fisheries Management Authority (AFMA) has an obligation to develop plans and implement policy in the performance of its functions and the pursuit of its objectives

bull 5Licensing and quota management AFMA grants 5Permits and 5Statutory Fishing Rights for Commonwealth fisheries processes transactions in relation to these

70

concessions and maintains registers of individual transferable quota to give effect to fisheries management arrangements

bull 5Compliance AFMA has a responsibility to enforce the provisions of the 5Fisheries Management Act 1991 and the 5Torres Strait Fisheries Act 1984 through the detection and investigation of illegal activities by both domestic and 5foreign fishing boats in the Australian Fishing Zone (AFZ) and Commonwealth managed fisheries

bull 5Environment and sustainability AFMA is strongly committed to the protection of the oceanrsquos ecosystems and biodiversity by promoting the sustainable use of our fisheries resources

bull 5Data collection good decision making depends on having the best quality information available This means providing information which is relevant accurate and timely to our fisheries managers and researchers and

bull 6Partnerships AFMA maintains a firm commitment to managing Commonwealth fisheries resources for the benefit of the community as a whole Accordingly cooperation with the community industry government agencies and others with an interest in the sustainable management of the Commonwealths fisheries resources is a vital part of our approach

Environment and sustainability

The Australian Fisheries Management Authority (AFMA) is strongly committed to the conservation of marine ecosystems and biodiversity by promoting the sustainable use of our fisheries resources AFMA aims not only for healthy fish stocks but to manage fishing in a way that takes into account its effect on the broader environmentThe authority ensures that licensed fishers take appropriate steps to minimise their impact on the ecosystem

Ecologically Sustainable Development (ESD)

There is considerable community interest in the marine environment and focus is expanding from concerns about specific fish species to include broader issues regarding the use and quality of the marine environment The Australian Fisheries Management Authority (AFMA) is strongly committed to contributing to the conservation of the oceans ecosystems and biodiversity by promoting sustainable use of fisheries resources

Under AFMArsquos 6legislative objective (b) pertaining to ecologically sustainable development (ESD) the organisation has a responsibility to ensure exploitation of fisheries resources and related activities are conducted in a manner consistent with ESD and the precautionary principle

Ecosystem Based Fishery Management

Ecosystem based fishery management (EBFM) considers the impact that fishing has on all of the aspects of the broader marine ecosystem not just the target species When managing a fishery in an EBFM approach the impact of fishing on all aspects of the marine environment should be assessed This includes assessing the impact on target species bycatch species protected species habitats and communities

Review of the scope of ESD and EBFM in Australia 71

EBFM is the end goal for managing fisheries To start moving to EBFM the focus of management needs to broaden to focus on non-target species aspects of the marine environment Although this can not be achieved overnight the Australian Fisheries Management Authority (AFMA) is well on the way to achieving EBFM AFMA is undertaking a number of initiatives for implementing EBFM The following are key aspects of EBFM in AFMA fisheries bull 6Ecological risk assessments to assess the risks that fishing poses to the

ecological sustainability of the marine environment AFMA has initiated the project Ecological Risk Assessment for Commonwealth Fisheries (ERACF)

bull 6Managing bycatch the development of the Commonwealth and National bycatch policies demonstrates a commitment to ensure fisheries are ecologically sustainable through bycatch reduction improved protection vulnerable and threatened species and minimising adverse impacts of fishing on the marine environment and

bull 6Protected species as part of its commitment to promoting sustainable use of fisheries resources AFMA engages in many protected species issues

See 6httpwwwafmagovau

152 State and Territory fisheries State and Territory fisheries (apart from WA which is a stand alone fisheries department) are managed under the respective Departments of Primary Industries with fisheries just one sector of many to be managed The State and Territory departments are responsible for all the fishing sectors (commercial aquaculture recreational charter and indigenous) The State fisheries are diverse the major target species for each state are as follows New south Wales oysters (aquaculture) prawns abalone and sea mullet Northern Territory crabs mackerel gold band snapper and barramundi Queensland prawns prawns (aquaculture) coral trout and crabs South Australia southern bluefin tuna (aquaculture) rock lobster prawns abalone and oysters (aquaculure) Tasmania salmonids (aquaculture) abalone and rock lobster Victoria abalone rock lobster and trout (aquaculture) Western Australia rock lobster pearls (aquaculture) prawns and abalone (ABARE and FRDC 2007)The states and Territory fisheries are managed by the following fishery agencies

bull 6NSW Department of Primary Industries 6httpwwwdpinswgovaufisheries bull 6Northern Territory Department of Primary Industries and Fisheries

6httpwwwntgovaudpifmFisheries bull 7Queensland Department of Primary Industires and Fisheries

7httpwwwdpiqldgovau bull 7South Australia Primary Industries and Resources

7httpwwwpirsagovauindexshtml bull 7Tasmania Department of Primary Industries Water and Environment

7httpwwwdpiwtasgovau bull 7Victoria Department of Natural Resources and Environment

7wwwdpivicgovau bull 7Western Australia Fisheries 7httpwwwfishwagovau

72

All States have made a commitment to managing under ESD and EBFM principles which consider environmetal (target byproduct andbycatch TEPs species habitats and communites) economic and social components Although fisheries management approaches may differ between States generally most commercial fisheries management arrangements include consultation and stakeholder participation management plans regulations and industry codes of conduct allocation of user rights and stock assessments review of strategic management options compliance and monitoring undergo strategic and ecological risk assessments and plan and prioritise reaseach and data management requirements Actions may also include programmes to reduce capacity through structural adjustments The various State agencies are responsible for the declaration and management of MPAs in State waters

153 EBFM key fisheries management concepts A number of management processes measures and tools have been identified as good management practice and necessary elements in the implementation of EBFM These include

bull Management processes such as Fishery Management Plans (FMPs) bull Management measures such as harvest strategies and spatial management bull Management assessment and decision making tools such as

- Environmental Impact Statements (EIS) Environmental Impact Assessments (EIAs)

- risk assessments - Management Strategy Evaluation (MSE) - qualitative and quantitative models - mapping tools

bull Monitoring performance indicators decision rules and reporting bull Reporting bull Research and bull Consultation

Commonwealth State and Territory fishery agencies apply these tools for the development of policy and planning and the management of fisheries under their jurisdiction Examples of national approaches and development and application of processes measures and tools are provided where relevant

Fisheries Management Plans

An important basis for management identified by the FAO (2003) and the other EBFM approaches is the development and implementation of Fishery Management Plans (FMPs) With regard to FMPs the FAO outlines the suggested elements that should ideally be incorporated into FMPs as well as the process of developing modifying and implementing a fisheries management plan The plan should be a formal or informal arrangement between fishery management authorities and the relevant stakeholders The processes of developing and modifying fishery management plans includes scoping the fishery and area identifying the stakeholders and the broad issues

Review of the scope of ESD and EBFM in Australia 73

According to the guidelines ideally the spatial coverage of the management plan would match with a clearly defined ecosystem However it is recognised that ecosystems do not necessarily have easily defined borders and some span more than one management area The FAO suggests that EAF will also need to recognise existing fisheries management jurisdictions and build incrementally on these This may require adding additional elements to the existing plan andor coordination and additional legal and institutional measures

The FAO (2003) also suggest that it might be necessary to develop a higher level plan that outlines the broad management objectives and measures to achieve them setting out the strategic approach for the following three to five years together with an annual operational plan that sets out operational objectives indicators and performance measures Stakeholder consultation and participation is critical at all stages of developing and reviewing FMPs to maintain transparency credibility and ownership of the outcomes

EPAP (1999) suggest that FEPs must contain information about ecosystems that allow managers to make informed decisions but the primary purpose is to prescribe how fisheries will be managed from an ecosystem perspective and that the plans need to be both substantive and realistic Sissenwine and Mace (2001) believe that FEPs are a useful mechanism for implementing an ecosystem approach to responsible fisheries management WWF (2002) suggest that if FMPs are properly implemented they should enable an integrated approach to fishery management take ecosystem effects into account and mitigate the impacts on or protect significant habitats non target species and associated and dependent species and ensure that stakeholder concerns and legal obligations are addressed

Commonwealth management plans Management plans are required for all fisheries unless AFMA has determined that a management plan for a particular fishery is not warranted Each management plan sets out the objectives of the plan measures by which the objectives are to be attained and performance criteria against which the measures taken may be assessed Each plan is prepared in consultation with participants in the fishery with a draft plan to be made available for public comment Management plans are legislative documents

State and Territory management plans

State and Territory fisheries management plans are developed for those fisheries seeking assessment under Part 10 of the EPBC Act assessments relating to impacts on protected marine species (Part 13) and those required for approval of export of fisheries product (Part 13A) and form part of the submissions to DEWHA DEWHA assessment includes 8accreditation of a plan of management for the purposes of part 13 and 33 under the EPBC Act

Management measures harvest strategies and spatial management

There are a number of different management measures that may be used for harvest strategies and spatial management These are outlined in the table below This is followed by an Australian example of harvest strategies and a brief

74

description on Marine Protected Areas (MPAs) together with an outline of the Australian national approach

INPUTS (effort)

OUTPUTS (catch)

Technical Government Market

Spatial and temporal

Limited entry licence fishing units Fishing permits Gear type allowed Time at sea Vessel capacity

Fish size and sex selectivity Total allowable catch (TAC) Quotas Sustainable harvest strategies Stock assessments Decision rules and triggers

Gear restrictions and selectivity improvements mesh size escapement devices VMS Minimisation of lost fishing gear

Individual transferable quotas (ITQs) Fleet reduction buy back schemes Taxes and subsidies Bonds

Area closures critical life history stages Seasonal closures - spawning Critical habitat and protection Reserves and refuges MPAs Zoning

Draft Commonwealth fisheries Harvest Strategy Policy

The consultation period for the Draft Commonwealth fisheries Harvest Strategy Policy (March 2007) and the Draft Commonwealth fisheries Harvest Strategy Policy Guidelines (March 2007) closes on 11 May 2007 A brief outline of the approach is provided below sourced from the guidelines document Harvest strategies based on the new policy will be applied in all Commonwealth fisheries by 1st January 2008 The Policy reflects key domestic and international legislative and policy obligations for Commonwealth fisheries management Additionally it establishes a harvest strategy framework and default reference points to be applied in Commonwealth fisheries Whilst necessarily focused on the management of key commercial species harvest strategies are also a key element of the Commonwealthrsquos overall Ecosystem Based Fisheries Management (EBFM) approach To pursue the objective harvest strategies for key commercial species taken in Australiarsquos Commonwealth fisheries will be designed to produce the maximum economic yield and ensure fish stocks remain above levels at which the risk to the stock is unacceptably high In meeting all of the outcomes harvest strategies are required to consider ecosystem interactions One consideration is the relationship the species has with others in the food web or community particularly if the harvested species is a keystone species

The guidelines are intended to support harvest strategy development across the full range of Commonwealth fisheries including input and output managed fisheries single and multi-species fisheries large and small fisheries and data rich to data poor situations Rather than expecting a full quantitative assessment for each species in each fishery the Policy advocates a risk management approach whereby exploitation levels reduce as uncertainty around stock status increases This will ensure fisheries are managed at an acceptable level of risk to the Australian Government irrespective of our level of knowledge For a low value fishery AFMA and stakeholders may accept that catches will remain precautionary with supporting fishery research at low levels to better match the management costs to the business environment for that fishery In order of importance harvest strategies should be applied to target species high risk

Review of the scope of ESD and EBFM in Australia 75

byproduct species that have been identified through Ecological Risk Assessment (ERA) or other means and key byproduct species taken in a fishery A harvest strategy is a formal process for setting catch or effort limits in a fishery linked to the current status of the resource There are three key elements that make up a harvest strategy

bull Monitoring bull Stock assessment and bull A harvest control rule

Generally monitoring and stock assessments is a feature of fisheries management but not so for a set of rules for turning assessment of current stock status into clear management responses (a harvest control rule) Harvest control rules can take many different forms but they are all designed to keep stocks near target levels From an industry perspective they provide much more certainty about how management will respond to different situations Harvest strategies are concerned with management of target and major byproduct species in a fishery Additional management measures will still generally be needed to address other issues such as impacts on bycatch and protected species and habitats and communities

A management framework for most commercial fisheries will include a harvest strategy as well as other management tools often using a combination of input and output controls Harvest strategies should be developed with due consideration of these other management tools For example it is possible that Total Allowable Catches (TACs) or Total Allowable Effort (TAEs) recommended under harvest strategies at a stock or regional level may not prevent localised depletion even if overall stock sustainability objectives are achieved In such cases tools such as spatial management may need to be implemented separately or form part of the harvest strategy An increasing focus on the management of discarded or bycatch species also suggests that effective gear controls and spatial management should be carefully considered in the design of single species harvest strategies Where appropriate harvest strategies could also be linked with protected species requirements and AFMArsquos ecological risk assessment outcomes This will be a focus of future development in the application of harvest strategies to Commonwealth fisheries

MSE (outlined below under management assessment and decision making tools) will be relevant in two broad sets of circumstances The first is to develop and test ldquogenericrdquo strategies for broad classes of fishery or for particular stages of fishery development (eg developing fisheries) The second is to develop harvest strategies for specific stocks and fisheries Each approach will use operating models to guide harvest strategy development but for the latter case the operating models will have to be carefully tuned to the specific circumstances of each fishery This typically requires a reasonable time series of fishery-dependent data and information regarding the population dynamics biology and economics of the fishery

76

South East fishery implementation of F-based harvest control rules an example

Harvest control rules are based on current percentage of initial biomass target and limit fishing mortality rates Stock assessments for most species now include the full exploitation history The aim under each Tier is to determine and advise on a recommended biological catch based on information available for each species or stock on application of an explicit harvest control rule

Current harvest control rules are as follows

bull Tier 1 ndash for species with well-established stock assessments F-based harvest control rule

bull Tier 2 ndash for species with stock assessments that are highly uncertain F-based harvest control rule that is more conservative than Tier 1

bull Tier 3 ndash for species without a formal stock assessment with knowledge of catch age structure and natural mortality harvest control rule based on current F from catch curves divided by M and

bull Tier 4 ndash for remaining species a harvest control rule that uses the slope of recent CPUE trends

Many of the State fisheries have also introduced harvest strategies

Marine Protected Areas

EPAP (1999) suggest that Marine Protected Areas (MPAs) offer a means to implement the precautionary approach and mitigate the effects of fishing on ecosystems However Sissenwine and Mace (2001) suggest the MPAs may not be effective on their own as many fisheries are subject to overcapacity and that MPAs may result in displacement of effort As Sumaila et al (2000) explain MPAs may be used in combination with other management measures as part of an adaptive management approach MPAs may be used as a tool for learning and experimentation with target and non target species recovery ecosystem management co-management contribute to the sustainability of future fisheries and may also assist in improving the long term socio-economic welfare of coastal communities To fully realise the potential of MPAs a range of approaches such as ecological assessments ecological and economic modelling and resource use analysis are required

Allison et al (1998) consider MPAs will be essential to conservation efforts because they can provide management with a framework for sustainable multiple use and can potentially act as buffers against some management miscalculations and unforeseen or unusual conditions However they also raise key issues in regard to definition and uses design siting and the application of scientific knowledge suggest that large scale processes need to be taken into account and activities outside the reserve need to be managed

Australiarsquos National Representative System of Marine Protected Areas The establishment of the National Representative System of Marine Protected Areas (NRSMPA) helps to implement international and national agreements and strategies The Convention on Biological Diversity requires all member nations to among other things establish a system of protected areas and to develop guidelines for the selection

Review of the scope of ESD and EBFM in Australia 77

establishment and management of protected areas The Convention recognises that protected areas are not the only mechanism for conserving biodiversity but that they are an important element of the overall approach The Convention introduced the phrase comprehensive adequate and representative (CAR) reserves This phrase has now been incorporated as policy into all major Australian biodiversity programs

The NRSMPA supports national commitments under the 8Inter-governmental Agreement on the Environment (1992) This agreement made a commitment to develop a strategic planning approach to the marine environment with the establishment of representative marine protected areas a key component of the commitment The national commitments under the agreement are implemented through national actions and strategies including

bull 8National Strategy for Ecologically Sustainable Development (1992) and bull 8National Strategy for the Conservation of Australias Biological Diversity

(1996)

Australias governments are working together to set up a National Representative System of Marine Protected Areas (NRSMPA) throughout the entire marine jurisdiction The NRSMPA

bull Forms part of an integrated strategy for marine conservation and management The NRSMPA exists within a broader range of national and State and Territory mechanisms to achieve biodiversity conservation and the complementary sustainable management of Australias marine jurisdiction

bull Is a national system of marine protected areas that aims to contain a comprehensive adequate and representative sample of Australias marine ecosystems and

bull Consists of marine protected areas in Commonwealth State and Territory waters and some associated intertidal areas

The primary goal of the NRSMPA is to establish and manage a comprehensive adequate and representative system of marine protected areas to contribute to the long-term ecological viability of marine and estuarine systems to maintain ecological processes and systems and to protect Australias biological diversity at all levels The following secondary goals are designed to be compatible with the primary goal

bull To promote the development of marine protected areas within the framework of integrated ecosystem management

bull To provide a formal management framework for a broad spectrum of human activities including recreation tourism shipping and the use or extraction of resources the impacts of which are compatible with the primary goal

bull To provide scientific reference sites bull To provide for the special needs of rare threatened or depleted species and

threatened ecological communities bull To provide for the conservation of special groups of organisms eg species

with complex habitat requirements or mobile or migratory species or species vulnerable to disturbance which may depend on reservation for their conservation

78

bull To protect areas of high conservation value including those containing high species diversity natural refuges for flora and fauna and centres of endemism and

bull To provide for the recreational aesthetic and cultural needs of indigenous and non-indigenous people

The goals of the NRSMPA relate primarily to the conservation of biodiversity and sustainable and equitable management of human usage However the marine protected areas that make up the NRSMPA may also protect and manage many other important geological archaeological historical and cultural attributes The national framework for establishing the NRSMPA comprises

bull The Integrated Marine and Coastal Regionalisation of Australia (IMCRA v40) which is a spatial framework for classifying Australiarsquos marine environment into bioregions that make sense ecologically and are at a scale useful for regional planning These bioregions are the basis for the development of a 8National Representative System of Marine Protected Areas (NRSMPA)

bull 8Guidelines for Establishing the National Representative System of Marine Protected Areas were prepared to assist government agencies in developing the NRSMPA and to help stakeholders understand this process Government ministers of the Australian and New Zealand Environment and Conservation Council endorsed the Guidelines on 11 December 1998 The Guidelines deal with key aspects of the establishment of marine protected areas including the functions of the NRSMPA and criteria for identifying and selecting marine protected areas The Guidelines continue to be used by each jurisdiction to reinforce the national commitment to establishing the NRSMPA and

bull 8Strategic Plan of Action for the National Representative System of Marine Protected Areas integrates the policy and planning framework and outlines a set of actions to achieve the goals of the NRSMPA Government ministers of the Australian and New Zealand Environment and Conservation Council endorsed the Plan in July 1999 The Plan provides a guide to understanding the NRSMPA by defining it in the context of an array of existing mechanisms and agreements that promote the conservation of Australias marine biodiversity The Plan concentrates on the establishment of NRSMPA including performance assessment for the System and a set of actions that reflect both national intention and government priorities The Plan is a long-term national blueprint It is not useful to monitor and report on it at periods of less than one year See 8httpwwwenvironmentgovaucoastsmpanrsmpaindexhtml

Under the Environment Protection and Biodiversity Conservation Act 1999 through the marine bioregional planning program the Australian Government will prepare Marine Bioregional Plans for Commonwealth waters and establish networks of Marine Protected Areas as the Commonwealth contribution to the National Representative System of MPAs The States and the Northern Territory are already working on their contribution to the National Representative System of Marine Protected Areas As many ecological processes work across both the state and national jurisdictions

Review of the scope of ESD and EBFM in Australia 79

Management assessment and decision making tools EIAEIS Environmental Impact Assessments (EIAs) are often described as a process to investigate and assess potential environmental impacts of proposed development actions However as Harvey (1998) points out there are often differences in defining the EIA process and with regard to what is to be included (environment social cultural or economic) Harvey (1998) defines EIA as a process of identifying and predicting the potential environmental impacts (including the environment social cultural or economic) of proposed actions policies programs and proposals and communicating this information to decision makers before they make their decisions on the proposed actions

Other tools that can be used to improve the EIA process are strategic environmental assessments (SEA) As Arce and Gullon (2000) suggest the use of the EIA process as a preventative tool in terms of identifying environmental impacts can be further improved if a strategic environmental assessment (SEA) approach is taken which includes environmental assessment processes for policies plans and programs and proposals It provides the basis for a systematic integrated planning and analysis process by setting environmental policy and programs at national state and local levels and provides the context within which to assess all individual proposals This approach overcomes the problems caused by sectoral or individual decision making where assessment of proposals in isolation ignore the cumulative effects of development and the secondary effects caused through interaction of primary effects of particular industries It has other advantages in that it is an ongoing process and can be used to assess proposals at the earliest stage of development when determining the need for and level of an EIA It also provides a framework for implementation of policy goals objectives strategies and tactics

As Gilpin (1995) highlights until recently the EIA process has been considered complete once it has been decided that the proposal should proceed or not However increasingly it has been suggested that post project analysis monitoring and auditing should be part of the Environmental Impact Statements (EIS) process and may also be considered as a tool to improve the EIA process Once a decision has been made and a proposal has been given the go ahead to start as Noble (2000) suggests the EIA process can be strengthened through the use of adaptive management The environment is a complex and dynamic system There are limitations to how well impacts can be predicted and how effective safeguards and mitigation may be under different circumstances Once a proposal has started an adaptive management approach allows refinement of the original assessment process to take into account any unexpected outcomes and allows the experience and lessons learned to improve existing and future policies and practices

Australian example of the use of an EIS NSW DPI submissions to DEWHA under the EPBC Act are in the form of an Environmental Impact Statement (EIS) and Fishery Management Strategy (FMS) NSW DPI provide an Environmental Impact Statement for public consultation These are very detailed documents and address the following

80

bull the ecological (target byproduct bycatch TEP habitats and wider ecosystem) economic and social components

bull a draft fishery management strategy(goals objectives and management responses)

bull performance monitoring and review (predetermined performance indicators and trigger points)

bull proposed harvesting strategy and bull impact on fish resources and biophysical environment (risk assessment)

Risk assessment Risk assessment is an important decision making tool for policy makers and managers in assessing economic and social activities that may pose risks to the environment and to mitigate against such adverse outcomes or surprises According to Bergman (2005) risk is the chance within a time frame of an adverse event with specific consequences Risk assessments are used to make decisions about current activities and their associated uncertain future outcomes in relation to environmental economic and social aspects It is important to evaluate and communicate the extent and nature of uncertainty in relationship to the activities and the risks these pose

Concepts of probability influence risk measurement interpretation and communication Probability can be viewed as the statistical frequency (or relative frequency) with which an event is expected to occur and it can be viewed as the degree of belief warranted by evidence However given the range of words used to indicate probability in terms of what is known perceived or believed about processes or outcomes it is therefore important to be clear about the use and interpretation of such words and the evaluations and conclusions that may be drawn

Judgements about risks may be underestimated or ignored depending on societal choices based on particular values at a particular time Bergman (2005) suggests that environmental risk management cycle includes problem formulation hazard identification risk analysis sensitivity analysis decision making monitoring communication and updating It is viewed as a learning process and as new information becomes available this allows for improved understanding and decision making over time

Risk assessments for Commonwealth fisheries There are a number of different risk assessment approaches used in Australia The Ecological Risk Assessment for the Effects of Fishing (ERAEF) approach has been applied to 30 of AFMA managed Commonwealth fisheries The (ERAEF) framework involves a hierarchical approach that moves from a comprehensive but largely qualitative analysis of risk at Level 1 through a more focused and semi-quantitative approach at Level 2 to a highly focused and fully quantitative ldquomodel-basedrdquo approach at Level 3 This approach is efficient because many potential risks are screened out at Level 1 so that the more intensive and quantitative analyses at Level 2 (and ultimately at Level 3) are limited to a subset of the higher risk activities associated with fishing It also leads to rapid identification of high-risk activities which in turn can lead to immediate remedial action (risk management response) The ERAEF approach is also precautionary in the sense that risks will be scored high in the absence of information evidence or logical argument to the contrary

Review of the scope of ESD and EBFM in Australia 81

The approach makes use of a general conceptual model of how fishing impacts on ecological systems which is used as the basis for the risk assessment evaluations at each level of analysis (Levels 1 to 3) For the ERAEF approach five general ecological components are evaluated corresponding to five areas of focus in evaluating impacts of fishing for strategic assessment under EPBC legislation The five components are

bull Target species bull By-product and by-catch species bull Threatened endangered and protected species (TEP species) bull Habitats and bull Ecological communities

ADM Smith A J Hobday H Webb R Daley S Wayte C Bulman J Dowdney A Williams M Sporcic J Dambacher M Fuller T Walker (2006) Ecological Risk Assessment for the Effects of Fishing Final Report R041072 for the Australian Fisheries Management Authority Canberra

Hobday A J A Smith H Webb R Daley S Wayte C Bulman J Dowdney A Williams M

Sporcic J Dambacher M Fuller T Walker (2006) Ecological Risk Assessment for the Effects of

Fishing Methodology Report R041072 for the Australian Fisheries Management Authority Canberra

Risk assessment for State and Territory fisheries States and territories either use the system developed under the ESD Subprogram based on component trees or tender to independent companies to complete risk assessments In early 2000 the Fisheries Research and Development Corporation (FRDC) funded a study to develop an ESD reporting framework for Australian fisheries One of the major outcomes required from this project was the production of a lsquoHow Torsquo guide to assist individuals agencies and the industry to provide comprehensive accounts of the current performance of their fisheries A manual National ESD Framework Project Ecological Risk Assessment Version 4 has been created to assist participants in meeting all or part of the ESD process in particular those involved in the Risk Assessment stage There are four main elements in the process to complete an ESD report which include

1 Identifying the issues relevant to the fishery 2 Prioritising these issues 3 Completing suitably detailed reports on the performance of the fishery for each

issue (dependent upon their priority and complexity) 4 The compilation of summary background material on the fishery the major

species affected and the environments that the fishery operates within This enables the reader to put the material within the assessment report into an appropriate context

A number of tools have been developed to assist completing each of the four elements A feature of these tools is the high level of involvement and input from each of the major stakeholder groups Some of these tools can be used without completing the entire process eg steps one and two can be used to complete a risk assessment as used in this manual

82

Step 1 How the issues are identified bull The first step in the ESD reporting process is to identify the relevant issues for

the fishery under consideration This is assisted through the use and modification of a set of generic component trees

bull There is one generic component tree for each of the eight components of ESD (see appendix for details) Each of these trees was developed by the ESD Reference group to cover the suite of issues that are relevant to fisheries

bull Each of these components is broken down into more specific sub-components for which ultimately operational objectives could be developed

bull The generic component trees are used as a starting point with each fishery tailoring them to suit their individual circumstances expanding some sub-components and collapsing or removing others depending upon the fishing methods areas of operations and the species involved and

bull Using these component trees assists the process of issue identification by moving through each of the ecological components of ESD in a comprehensive and structured manner maximising consistency and minimising the chances of missing issues

Step 2 How the issues prioritised (risk assessment)

bull Tailoring the component trees to a fishery often results in a large number of issues being identified the importance of which varies greatly In many cases it will be helpful to prioritise the issues so that the level of management actions and the details of the reports generated are aligned with the importance of the issue

bull To determine the priority of issues and the appropriate level of response risk assessment methodology can be used to assist this process This methodology operates by completing an assessment of the Risk associated with each of the identified issues as an initial screening exercise For many issues however this initial screening is likely to be just the first step in a hierarchical process for determining what actions need to be taken

bull The risk analysis tool used in this ESD process is based upon the ASNZ Standard but adapted for use within the fisheries context It works by assigning a level of consequence (from negligible to catastrophic) and the likelihood of this consequence occurring (from remote to likely) for each issue

bull From the combination of consequence and likelihood an overall level of Risk is generated This Risk can then be used to assist in deciding whether an issue requires specific management or not and

bull To be of value it is not sufficient to only quote the levels of consequence and likelihood levels chosen and the subsequent risk ratings generated Instead appropriately detailed justifications got why these levels were chosen and why any decisions were made are also needed The key element is that other parties who were not part of the process to generate the report need to be able to see the logic and assumptions behind the decisions that were made

Step 3 How performance reports are completed (note this is not a formal part of the risk assessment process but an outcome) Two levels of reporting are suggested depending on the appropriate level of management response

Review of the scope of ESD and EBFM in Australia 83

bull Where specific management is not needed (ie low or negligible risk) reports only need to justify this conclusion In some cases only a few lines or a few paragraphs may be needed to achieve this However in other cases this may require a number of analyses and several pages of justification and

bull Where specific management actions are needed a full performance report that details all elements of the management system is probably required

Step 4 The compilation of summary background material on the fishery

An appropriate level of background material on the fishery is necessary to put the other sections of the report into context The material presented should include a detailed description of the history of the fishery its area of operation fishing methods used and species targeted A summary of the biological and ecological characteristics of the main species and habitats that are affected by the fishery should also be provided

National ESD Framework Project Ecological Risk Assessment Version 4 (October 2004) FRDC Project Team (W Fletcher K Sainsbury J Chesson and T Hundloe)

Fletcher W J 2005 The application of qualitative risk assessment methodology to prioritize issues for fisheries management ICES Journal of Marine Science 62 1576e1587

Management Strategy Evaluation As outlined by WWF (2002) Management Strategy Evaluation (MSE) is an approach that builds on current fisheries management approaches to include performance evaluation as part of a formal adaptive approach to fisheries management According to Sainsbury et al (2000) Management Strategy Evaluation (MSE) is an approach that provides a practical framework for evaluating the effectiveness of prospective management strategies in achieving defined objectives The approach is participatory and requires close collaboration between management agencies stakeholders and technical experts

The MSE approach involves assessing the consequences of a range of management strategies or options and presenting the results in a way that makes explicit the trade-offs in performance across different management objectives The approach does not seek to specify an optimal strategy or decision Instead it aims to provide decision-makers with the information on which to base a rational decision given their own objectives preferences and attitudes to risk It deals explicitly with multiple and potentially conflicting objectives and with scientific uncertainty In dealing explicitly with sources of uncertainty and in predicting the consequences of alternative management actions it directly supports operational use of the precautionary approach

As Sainsbury et al (2000) explain MSE has been used to develop management strategies to achieve objectives relating to target species and to the ecosystem and has been applied to fisheries problems involving spatially based management and should be applicable to the design and monitoring of marine protected areas However the application of MSE to examine a wider range of ecosystem and resource use objectives will involve dealing with greater levels of uncertainty and complexity than has been attempted to date

84

Figure 1531 Framework for management strategy evaluation (MSE) (Sainsbury K Punt and Smith A (2000)

An Australian example the Alternative Management Strategies for the Southern and Eastern Scalefish and Shark Fishery The Southern and Eastern Scalefish and Shark Fishery (SESSF) is a multi-species multi-sector fishery that stretches from SE Queensland to SW Western Australia The SESSF includes the former South East Trawl Fishery (SETF) East Coast Deepwater Zone (ECDWZ) Victorian Inshore Trawl (VIT) Gillnet Hook and Trap Fishery (GHATF) and Great Australian Bight Trawl Fishery (GABTF) sectors and was recently brought under a single management plan The GHATF is an amalgamation of the former Southern Shark Fishery and the South East Non-trawl fishery The creation of the SESSF has provided AFMA with a platform to improve management of the fishery by moving towards a more ecosystem based approach by managing the sectors under common goals and objectives

The Alternative Management Strategies (AMS) Project was set up to explore scenarios for improved management of the SESSF and to present these scenarios to stakeholders and decision makers The aim is to focus on integrated management solutions (ie using a coordinated combination of management tools) with impacts on the ecology and all aspects of the fishery and on all sectors being considered simultaneously

Method and approach The AMS Project Team has taken a Management Strategy Evaluation (MSE) approach to the task it was set This involves a series of steps

bull Identifying the issues and objectives bull Listing a set of performance indicators that measure success in addressing

issues and meeting objectives

Review of the scope of ESD and EBFM in Australia 85

bull Identifying alternative prospective solutions (alternative integrated management scenarios)

bull Evaluating each management scenario against the performance indicators bull Highlighting the tradeoffs between management scenarios in achieving

objectives and addressing issues bull Communicating the results to stakeholders and decision-makers

Steps 1 and 3 have involved active consultation with stakeholders The Project Team conducted port visits around the fishery in October 2003 to identify specific issues of concern to fishers A Steering Committee comprising representatives from each major fishing sector together with an environmental representative and representatives from the major funding agencies (AFMA FRDC) was established A joint workshop involving the Project Team and the Steering Committee was held in April 2004 to identify the management scenarios that would be evaluated

Qualitative and quantitative models Models may be qualitative or quantitative capturing a diverse range of information such as environmental economic and social According to EPAP (1999) modelling is an essential scientific tool for developing ecosystem approaches for fishery management Models have the potential to provide managers with information about how ecosystems are likely to respond to changes in fishery management practices As with MSE ecosystem models will involve dealing with greater complexity than traditional models As Charles (2001) suggests integrated models focus on the need to understand the complex interrelationships amongst the components (environmental institutional social and economic) of the fishery and can be used as a tool for assessing policy development integrated management and decision making for EBFM Modelling can also be used to understand the past which is particularly valuable in assessing past management practices and thus providing a learning environment (adaptive management) and to predict the future outcomes of proposed management actions

Stefanssonrsquos (2003) view is that many important management questions can only be addressed by the use of complex models and that tools such as these are needed to evaluate ecosystems in a more comprehensive manner He suggests that an important result from modelling is the potential to be able to view the system and fisheries as a whole To do this requires extensive data some of which may not be available but highlights what data is needed to be able to predict the effects of particular management measures or to be able to provide management advice In cases where data is missing if management is to be in accordance with the precautionary approach management measures will need to be implemented to deal with such uncertainty If the necessary data is available providing the ability to predict outcomes of proposed actions and therefore reducing uncertainty it may then be possible to reduce or relax some measures

Qualitative model an Australian example An Australian example of a qualitative model approach Rothlisberg and Okey T (2006) Variation in banana prawn catches at Weipa a comprehensive regional study Fisheries Develeopment Research Corporation final report 2004024 The goal of the overall study has been to better understand why the commercial catch of banana prawns

86

has declined in the Weipa region of Australiarsquos northern prawn fishery An array of possible explanations has been considered over the course of this study and three main hypotheses remain as viable explanations for a decline in catch

bull Prawn recruitment has collapsed due to overfishing bull Recruitment has collapsed due to a change in the prawnrsquos environment and bull Adult banana prawns are still present but fishers cannot find or catch them

because - the searching power of the fishing fleet has declined - adult banana prawns are staying inshore away from fishing grounds - adult banana prawns are no longer schooling

The purpose of this work has been to draw together what is known about the banana prawnrsquos biology ecosystem and fishery within a qualitative modelling framework that in a rigorous manner allows organised thinking about how the system works From this knowledge relatively simple models are developed that are used to the explore possible dynamics of the system and from which hopefully an increased understanding of the system can be gained distinguish what is likely behaviour of the system from what is not and to pose new and testable hypotheses for future management and research efforts

Another purpose of qualitative modelling is to provide a means to juxtapose and compare results from other modelling techniques such as those with statistical and quantitatively derivations so as to better distinguish what is a general and emergent property of the system from what is merely an artefact of a specific modelling assumption A useful attribute of the qualitative modelling approach is the ability to quickly develop and combine sub-models for different elements of a system eg biology fishery economics environmental influences The behaviour of the overall model can be evaluated as well as the behaviour of its component sub-models and compared with the behaviour of models with a simplified structure

Quantitative model an Australian example Atlantis (Fulton et al 2004) is one example of an ecosystem model used for decision support within EBFM in Australia Two other software packages functioning in the same role are Ecopath with Ecosim (Walters et al 1997 Christensen and Walters 2004) and InVitro (Gray et al 2006) Atlantis is an ecosystem-level modelling framework intended for management strategy evaluation (as described in de la Mare 1996 Cochrane et al 1998 Butterworth and Punt 1999 Sainsbury et al 2000) It has been applied in 14 marine systems around the world but has been used primarily in Australia and the USA It is a box-model that contains sub-models representing each step in the management strategy and adaptive management cycles By providing a range of alternative formulations for the main causal mechanisms thought to be acting in marine ecosystems it allows for the deployment of a range of model structures (from simple to highly complicated and complex) with regard to marine ecosystem and management questions Two demonstrative Atlantis-based studies are the evaluation by Fulton et al (2004) of robust ecological indicators of the ecosystem impacts of fishing and the quantitative phase of the Alternative Management Strategies for the southeast Commonwealth fisheries (Fulton et al 2007)

Review of the scope of ESD and EBFM in Australia 87

The first of these two studies the evaluation of ecological indicators considered the performance of hundreds of indicators with regard to their ability to robustly detect or predict trends in key variables of interest (ldquoattributesrdquo) in the system To do this the management strategy evaluation (MSE) approach was used where an ecosystem ldquooperating modelrdquo was used to generate the simulated data which in turn was used to calculate and test the performance of the indicators A number of simulated systems (both coastal and open ocean over multiple scales) were considered interesting the performance of most indicators showed a great deal of continuity over this wide range of system types Ultimately this led to a set of guidelines regarding the need for flexible suites of indicators and the form of indicators monitored (ie easily measured often size or biomass based from a range of species types) which matched recommendations from long term purely empirical studies (Link 2005)

The second study considering alternative management strategies for the southeast fisheries has also taken an MSE approach In this case the MSE is fully closed ndash in that the entire management cycle is considered with feedback rather than breaking it and considering monitoring in semi-isolation The Atlantis model applied to the question broke the system down into 67 ecological components (including detritus oxygen and nutrients) and 25 fisheries (based on targeting and gear type) which were in turn composed of multiple sub-fleets (based on more economically based characteristics such as boat and crew size ) The findings largely back up those of the qualitative phase of the study though they did highlight a few areas where behaviour (as dictated by rules laid down in consultation with fishers) did not go as imagined in the qualitative exercise (eg the costs of changing gear meant it was not as readily adopted as thought in the qualitative study) The demands of quantitative modelling also meant more detail was elucidated in areas where the qualitative study had been allowed to remain vague At time of writing this report these quantitative findings are too new to know their ultimate impact but even now it is considered a highly informative exercise

Mapping tools As Charles (2001) suggests there are many ways of depicting fisheries information graphically and this approach often makes presentation of the facts or issues very clear to stakeholders As Pauly et al (2003) point out mapping of spatial information is now possible with the application of PC based geographical information systems (GIS) to summarise ecosystem and human information based on a range of sources The development of GIS is a useful tool for EBFM These maps can provide for example a snapshot of the geographical boundary of an ecosystem together with the spatial distribution of habitat and fish species fishing effort and management jurisdictions at a temporal scale of a day week month year This snapshot can then provide a basis for future evaluation comparisons A more complicated map may also overlay other marine users showing where there might be potential for conflict between users andor high stress on a particular area of the ecosystem The information presented in this manner can also be used for decision making purposes

Mapping tools an Australian example Bureau of Rural Sciences (BRS) The Atlas of Australian Marine Fishing and Coastal Communities is the first Australia-wide comprehensive and authoritative mapping

88

initiative presenting an overview of Australian fishing activities and coastal communities

The Atlas shows where fish are caught in Australiarsquos oceans the value of those catches where different fishing gears are used and the species that are taken It also provides information on the socio-economic characteristics of coastal communities in eight marine regions around Australia The Atlas is comprised of two products

bull The Marine Matters National Atlas is available in 8hard copy and as a PDF 8download and

bull A companion 9website featuring an interactive online mapping system and more detailed social profiles of coastal Australia

Marine Matters National has been produced to inform decision makers responsible for the management of activities in Australiarsquos marine waters and to aid the Australian and state and territory governments in developing and implementing policy initiatives It is also a flexible and readily accessible information source for anyone with an interest in the management of Australiarsquos marine estate

The Department of Agriculture Fisheries and Forestry produced the Atlas with the support of the Fisheries Research and Development Corporation the Department of the Environment Water Heritage and the Arts and other agencies around Australia with a responsibility related to fisheries This work builds upon the successful 9Marine Matters ndash Atlas of marine activities and coastal communities in Australiarsquos South-East Marine Region

See 9httpwwwaffagovaubrs

Monitoring performance indicators decision rules and reporting

As Cochrane (2002) highlights the high end policy statements set the broad principles for EBFM governance and management but need to be translated into goals and suggest there are four subsets These are biological and ecological which may be viewed as constraints to achieving the economic and social subset benefits Goals are an important first step providing both guidance and highlighting conflicting goals or those needing to be prioritised However goals in themselves are too general for implementation and require the development of operational objectives which precisely outline the agreed objectives and what is to be achieved (outcomes) A management strategy can then be developed using a suite of different management measures setting the parameters for achieving the operational objectives Appropriate reference points and indicators may be developed for each operational objective to measure and monitor outcomes against stated objectives and decision rules in place should the management strategy not be successfully met

The purpose of indicators is to enhance communication transparency effectiveness and accountability in natural resource management As outlined by the FAO (1999) many countries have agreed to develop and report on indicators of sustainable development At an international level indicators can help streamline inputs to global reporting and assessments and make comparisons between countries At a regional level indicators can help in harmonising strategies for management of transboundary resources and

Review of the scope of ESD and EBFM in Australia 89

measuring overall health of large scale marine ecosystems Nationally indicators can produce a holistic picture of the fisheries sector and its environment At the fishery level indicators provide an operational tool for management in policy setting and evaluation assessing objectives and triggering management responses

FAO (1999) suggest that indicators should provide a practical and cost effective means of tracking progress towards sustainable development (for ecosystems economic and social components) predict or warn about potential problems in the future facilitate learning by comparing performance between fisheries and inform policy aimed at mitigating problems According to the FAO (2003) guidelines the aim in setting indicators reference points and performance measures is to provide a framework to evaluate management rules and to assess performance of the fishery An indicator tracks the key outcome identified in the operational objective and when compared with agreed target and limit reference points provides a measure on how well management is performing (performance measure) The target should be the desired state of the indicator and the limit should be a boundary beyond which it is undesirable to be The target and limit can be quantitative or can reflect a trend (FAO 2003 page 55)

Gislason et al (2000) suggest that a key challenge to incorporating ecosystem objectives within fisheries management is to define measurable indicators and cost effective monitoring programs that relate to ecosystem objectives as well as reference points that trigger management actions A challenge for science is to reach consensus on indicators and reference points that will support decision making on ocean use activities and highlight the need to consider impacts on both the structure (biodiversity) and the function (habitat productivity) of marine ecosystems They also suggest that indicators need to have some predictive power and are sensitive to ecosystem change

According to Seijo and Caddy (2000) fishery indicators should be able to provide information for assessing the ecological economic and social performance of the fishery and as an element of the management plan they should become an input for establishing over time new reference points and corresponding management strategies to achieve them They suggest that the use of one or two indicators is unlikely to be effective and may require sets of indices that reflect the state of the resource and the socio-economic aspects

As highlighted by Dahl (2000) each fishery has unique characteristics A challenge is to develop a set of generalised indicators that can be adapted to the local situation while permitting broad comparisons and evaluations For example a general indicator can be used but targets and trends need to be locally determined As Dahl points out indicators only work if there is a data collection system to support them In some instances it may be more practical to choose an indicator that is less satisfactory theoretically but has a greater chance of reliable data collection and use

The WWF (2002) discuss targets in relation to shifting baselines (incremental change over time) and preventing further decline in ecosystems Marine ecosystems are not well understood and there are few long term datasets under these conditions it is difficult to predict and recognise ecosystem changes due to human impacts Adopting targets that trigger actions and intervention to reverse the trend of shifting baselines and incremental change in the condition of ecosystems is important Indicators are helpful

90

in performance evaluation and may be used for example to assess the performance of the fishery in relation to stock and ecological objectives

As the FAO (1999) highlight for indicators to be a successful tool in evaluating performance and progress towards sustainability an adequate form of reporting is essential Reports need to be accurate complete transparent and timely It is helpful for reports to be consistent across fisheries and within jurisdictions as this allows aggregation at the different levels from the local to the national Sainsbury and Sumaila (2003) suggest fisheries management is an interactive system and therefore it is important to report and evaluate the whole management system not just its individual parts

Australia Most fishery management plans outline the monitoring performance indicators and the decision rules A number of reviews research projects and reports have been undertaken to facilitate development and use of monitoring performance indicators decision rules and reporting of performance as listed below Ecological Indicators for the Impacts of Fishing on Non-Target Species Communities and Ecosystems Review of Potential Indicators (3172004) EA Fulton ADM Smith H Webb and J Slater Ecological Indicators of the Ecosystem Effects of Fishing Final Report (3172004) EA Fulton M Fuller ADM Smith A Punt Best Practice Reference Points for Australian Fisheries a report to Australian Fisheries Management Authority and the Department of the Environment and Heritage (In press) K Sainsbury Fletcher WJ Chesson J Fisher M Sainsbury KJ Hundloe T Smith ADM and B Whitworth (2003) National Application of Sustainability indicators for Australian fisheries Final Report FRDC Project 2000145 Fletcher WJ Chesson J Sainsbury KJ Fisher M Hundloe T (2004) ESD Reporting and Assessment Subprogram Development of Assessment Tools for the National ESD Framework ndash initial scoping exercise Final Report FRDC Project 2002086 Canberra Australia Schirmer J and Casey AM 2005 Social Assessment Handbook A guide to methods and approaches for assessing the social sustainability of fisheries in Australia FRDC ESD Reporting and Assessment Subprogram Publication No 7 Fisheries Research and Development Corporation and Bureau of Rural Sciences Canberra

Reporting

State of the Environment reporting (SoEs) The fisheries reporting requirements may be mandated under government (Commonwealth and State and Territory) Acts fishery management Acts Fishery Management Plans or other management arrangements Reporting requirements may be set at a number of different levels from local regional state and national or by organisations such as fishery management agencies and industry

At the national level Australia is responsible for reporting on the state of Australiarsquos environment through the State of the Environment Reports This is an independent report to the Australian Government Minister for the Environment and Heritage The purpose and objectives are to provide accurate up to date and accessible information about environmental and heritage conditions trends and pressures for the Australian continent surrounding seas and Australiarsquos external territories The first report was published in1996 followed by one in 2001 with the most recent report in 2006 These

Review of the scope of ESD and EBFM in Australia 91

reports include seven major themes Two of themes relate to oceans and fisheries in particular these are

bull Coasts and oceans - marine biodiversity - pressure on Australiarsquos coasts and oceans - responses to pressures and

bull Environmental governance - EPBC Act

Most states and territories also prepare SoEs for their respective states which also include reports on oceans and fisheries issues and responses

Department of the Environment Water Heritage and the Arts (DEWHA) prepare a number of annual reports as follows

bull Report on the operation of the EPBC Act 1999 bull Department of the Environment and Heritage Annual Report and bull National Oceans Office annual report

Commonwealth and State and Territory Fisheries reports

bull The Australian Government prepares an annual report for GRBMPA bull CAMMLR bull BRS publish Fishery Status reports for Commonwealth managed fisheries bull AFMA annual reports and bull State and territory fisheries reports vary in terms of reporting period and by

fishery

Research

Research is undertaken for Commonwealth and State fishery management agencies by a number of different government departments as well as by independent researchers The main Commonwealth agencies responsible for research provision for fisheries management include BRS and ABARE divisions within DAFF AFMA within DEWHA and FRDC

BRS Division Bureau of Rural Science (BRS) is a scientific bureau within the Department of Agriculture Fisheries and Forestry At the interface between science and policy BRS is an essential part of the Governments capacity for integrated evidence-based policy development

BRS provides scientific advice to government in support of more profitable competitive and sustainable Australian agricultural food fisheries and forestry industries and enhancing the natural resource base to achieve greater national wealth and stronger rural and regional communities

The Fisheries and Marine Sciences Programme provides scientific advice on Australiarsquos marine ecosystems and the sustainable harvesting of fish stocks Activities

92

include the publication of reports on the status of Commonwealth fisheries and marine resources collaboration with regional agencies in managing high seas fisheries research into target and bycatch species assessments of fish stocks and fisheries management analysis of human interactions with the marine environment and management of national fisheries information systems The program also covers modelling and Geographic Information System (GIS) applications impacts from other industries and international fisheries issues

See 9httpwwwaffagovaubrs

ABARE Division Australian Bureau of Agricultural and Resource Economics ( 9ABARE) is an Australian Government economic research agency noted for its professionally independent research and analysis and over sixty years has amassed a wealth of expertise in applied economic research ABARE uses latest innovative modelling techniques and extensive corporate databases contain data not available elsewhere

Fisheries Resource Research Fund DAFF administers funds for fisheries related research from the Fisheries Resource Research Fund (FRRF) The FRRF receives an annual Government appropriation and is an important source of research funding Although the FRRF is managed by the DAFF AFMA is consulted on expenditure from the FRRF by participating in an advisory committee that evaluates applications for funding FRRF programs are intended to provide an agreed program of independent assessment of Commonwealth fisheries management performance and support the development of new and improved policies for the management of Australias fisheries

See 9httpwwwaffagovau

AFMA The Australian Fisheries Management Authority (AFMA) establishes research priorities for Commonwealth fisheries and arranges for research to be undertaken to address these priorities In line with these priorities research undertaken for AFMA seeks to address a number of fisheries management related issues The majority of research undertaken by AFMA pursues the following research objectives

bull To undertake and improve fishery assessments including biological and economic assessments of target stocks bycatch species and fishery impacts on the ecosystem and

bull To identify strategies to ensure the sustainable use of fishery resources and address information gaps to ensure the effective management of these fisheries

See 9httpwwwafmagovau

Review of the scope of ESD and EBFM in Australia 93

FRDC The Fisheries Research and Development Corporation (FRDC) and its stakeholders have analysed the fishing industryrsquos business environment and the likely developments during the next 20 years

This analysis resulted in identification of the following five strategic challenges bull 9Natural resource sustainability ndash maintain and improve the management and use

of aquatic natural resources to ensure their sustainability bull 9Resource access and resource allocation ndash optimise resource access resource

allocation and opportunities for each sector of the fishing industry within a rights-based framework

bull 9Response to demand profitability ndash respond to and take advantage of increased demand for seafood and for recreational and customary fishing experiences Enhance the profitability of the fishing industry

bull 1People development ndash develop people who will help the fishing industry to meet its future needs and

bull 1Community and consumer support ndash increase community and consumer support for the benefits of the three main sectors of the fishing industry

Demand for FRDC investment in research and development activities is increasing as stakeholders become more aware of the challenges they are facing Translating the demand into investment that will fulfil stakeholdersrsquo needs is not easy Fisheries and aquaculture managers often have different research and development priorities to industry There is also increasing pressure from other areas of the community for public sector funds This in turn limits the investment in research and development by government

Subprograms and other initiatives On occasion it becomes evident that a planned research and development outcome could be achieved more successfully if a number of related projects were managed more intensively by employing higher levels of coordination integration and communication than for individual projects In that event the FRDC either on its own initiative or at the request of a stakeholder group establishes a managed subprogram An example is the Rock Lobster Enhancement and Aquaculture Subprogram Formation of a managed subprogram provides a higher level of service in project management The role of managed subprograms is to

bull develop strategic plans for research and development that take into account other strategic plans and subsequently maintain strategic directions and be responsive to changing circumstances

bull set research and development priorities to maximise investment in that field avoid duplication and achieve the greatest potential return

bull invite research and development applications to address those priorities bull maximise collaboration between researchers and between researchers fisheries

managers and fishing industry interests bull attract other research and development funding and influence the way in which

other funding entities apply their investments in that field

94

bull standardise on the best scientific methods bull communicate regularly with potential beneficiaries and bull influence the adoption of research and development results

Current subprograms are

bull 1Abalone Aquaculture bull 1Atlantic Salmon Aquaculture bull 1Aquaculture Nutrition bull 1Aquatic Animal Health bull Effects of Trawling bull 1Ecologically Sustainable Development (ESD) Reporting and Assessment bull 1Rock Lobster Post Harvest bull 1Rock Lobster Enhancement and Aquaculture bull Southern and Eastern Scalefish and Shark Fishing Industry Development bull 1Southern Bluefin Tuna (SBT) Aquaculture

See 1httpwwwfrdccomauresearchpriorities

Consultation

Consultation is a key aspect of EBFM and is an important feature of Commonwealth and State fisheries management

Commonwealth fisheries The fisheries resources AFMA manages are important community assets which support significant commercial fishing activity recreational fishing and some subsistence and traditional fishing The very nature of fish and their habitats means fisheries resources are also of interest to a range of other stakeholders including environmental groups resource managers researchers indigenous and community groups

The Australian Fisheries Management Authority has a responsibility to consult with all stakeholders on fisheries resources when making management decisions This is achieved through the 1Management Advisory Committees (MACs) established by the 1Australian Fisheries Management Authority (AFMA) Board for each major AFMA-managed fishery

State and Territory fisheries State and Territory fisheries also use MACs or similar groups such as Fisheries Management Committees (FMCs) or Fisheries Advisory Committee (FAC) Another example is the West Australian ESD Fisheries Reference Group The purpose of the group is to ensure the effective development and implementation of an ESD policy for WA fisheries and to provide support to stakeholders and the general community The Group has been involved in the development of the States ESD fisheries policy and its review at regular intervals It also monitors the implementation of ESD within each of the seven major fisheries that require immediate attention in terms of preparation of assessment reports required by Environment Australia

Review of the assessment methods of ESD and EBFM in Australia 95

2 REVIEW OF THE STRATEGIC ASSESSMENT METHODS UNDER THE EPBC ACT AND MANAGEMENT APPROACHES

The review will be presented in two parts Review of fishery assessment reports by fishery agencies submitted to DEWHA for Strategic Assessment under the EPBC Act (21) Review and report on the major issues raised from the EPBC strategic assessment process for ESD and EBFM (22)

21 Review of strategic assessment processes under the EPBC Act

This part of the review will include

bull Environment Protection and Biodiversity Conservation (EPBC) Act 1999 bull Review of State and Commonwealth fishery strategic submissions to DEWHA

and bull DEWHA assessment of fisheries under EPBC Act

211 Environment Protection and Biodiversity Conservation (EPBC) Act 1999

The Environment Protection and Biodiversity Conservation (EPBC) Act 1999 commenced on 16 July 2000 The aim of the Act is to provide an effective framework for environmental protection and conservation of Australian biodiversity It enables the Commonwealth states and territories to take a national approach to environmental protection and biodiversity conservation The Commonwealth takes responsibility for leadership on the environment and the states take responsibility for delivering on-ground resource management The objectives of the Act are

bull To provide for the protection of the environment especially those aspects that are matters of national environmental significance

bull Promote ecologically sustainable development through the conservation and ecologically sustainable use of natural resources

bull Promote the conservation of biodiversity bull Promote a cooperative approach to the protection and management of the

environment involving governments the community and other relevant stakeholders

bull Assist in the cooperative implementation of Australiarsquos international environmental responsibilities and

bull Recognise the role and interests of indigenous people including the use of their knowledge in the conservation and ecologically sustainable use of Australiarsquos biodiversity

Under the Act if an action will have or is likely to have a significant impact on a matter of national significance it will require approval from the Environment Minister and may require an Environmental Impact Assessment Matters of national significance include

96

bull World Heritage properties bull Ramsar wetlands of international importance bull Listed threatened species and communities bull Migratory species protected under international agreements bull Nuclear actions and bull The Commonwealth marine environment

(EA EPBC Act Guidelines page 1)

When deciding whether to approve the taking of an action and what conditions to impose the Commonwealth Environment Minister must consider social and economic matters and relevant environmental impacts The Minister must also take into account

bull The principles of ecologically sustainable development bull Decision-making processes should effectively integrate both long-term and

short-term economic environmental social and equitable considerations bull If there are threats of serious or irreversible environmental damage lack of full

scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation

bull The principle of inter-generational equity ndash that the present generation should ensure that the health diversity and productivity of the environment is maintained or enhanced for the benefit of future generations

bull The conservation of biological diversity and ecological integrity should be a fundamental consideration in decision-making

bull The assessment report on the impacts of the action bull Any other information about the impacts of the action and bull Relevant comments from other Ministers (such as information on social and

economic factors)

212 Review of State and Commonwealth strategic assessment submissions to DEWHA The following State and Commonwealth fishery agency strategic assessment submissions to DEWHA under the EBPC Act are examples from each jurisdiction Full details are provided in Appendix A In this section for each jurisdiction (NSW NT QLD SA TAS VIC WA and the Commonwealth) the following format will be used

bull List of fisheries managed by that jurisdiction bull Outline the jurisdiction approach to strategic assessment submissions to

DEWHA and bull A summary of management approach adopted by the fishery agency with an

example fishery from each jurisdiction It should be noted that the information provided below and in Appendix A was current at the time of the submission and some aspects of the legislation management monitoring and performance arrangements may have changed since then

Review of the assessment methods of ESD and EBFM in Australia 97

New South Wales fisheries bull 1Abalone Fishery bull 1Estuary General Fishery bull 1Estuary Prawn Trawl bull 1Lobster Fishery

bull 1Ocean Hauling Fishery bull 1Ocean Trap and Line Fishery bull 1Ocean Trawl Fishery

The submissions to DEWHA under the EPBC Act are in the form of an Environmental Impact Statement (EIS) and Fishery Management Strategy (FMS) as outlined below

Environmental Impact Statement (EIS) NSW DPI provides an Environmental Impact Statement for public consultation These are very detailed documents and address the following bull the ecological (target byproduct bycatch TEP habitats and wider ecosystem)

economic and social components bull a draft fishery management strategy(goals objectives and management

responses) bull performance monitoring and review (predetermined performance indicators and

trigger points) bull proposed harvesting strategy and bull impact on fish resources and biophysical environment (risk assessment)

Fishery Management Strategy (FMS) A fishery management strategy is a document outlining the management goals objectives strategies for achieving the objectives (including the fishing or activity controls) performance indicators and the monitoring programs that apply to a fishery or activity Fishery management strategies are valuable because they bull provide a long term vision for management of a fishery or activity bull clearly outline the strategies that are in place to achieve that vision bull provide stakeholders with greater certainty by knowing the management

programs that apply in the fishery or activity provide useful background information and

bull the strategies will allow the community to scrutinise the management arrangements for each fishery or activity and seek to ensure that the management arrangements in place provide sustainable fisheries and activities into the future

98

NSW Department of Priamry Industry submission to DEWHA (September 2005) for the NSW Abalone fishery an example Legislation Commonwealth legislation Wildlife Protection (Regulation of Export

and Imports) Act 1982 Environment Protection and Biodiversity Conservation (EPBC) Act 1999

NSW Legislation Fisheries Management Act 1994 Environmental Planning and Assessment Act 1979 Marine Parks Act 1997 National Parks and Wildlife Act 1974 and Threatened Species Conservation Act 1995 Port Corporation and Waterways Management Act 1995 Crown Lands Act 1989 and Rivers and Water Act 2000 Foreshores Protection Act 1948 Food Production (safety) Act 1998 Food Production (safety) Act 1998

Management Management plans and regulations Fisheries management (general) regulation

2002 Fisheries Management (Aquatic Reserves) Regulation 2002 New South Wales Abalone Share Management Plan 2000 (5 year statutory plan commenced 18 February 2000) Fisheries Management (Abalone Share Management Plan) Regulation 2000 Fishery Management Strategy (included in EIS report Vol 2 Chapter D) Draft Abalone Fishery Code of Practice

Code of practice Draft Abalone fishery code of practice Harvest strategies Target inputoutput annual quota allocation and

TAC

Spatial management Divided into 6 regions for stock assessment purposes Marine parks and aquatic reserves where harvesting limited Seasonal closures (time and spatial)

Assessment

Stock assessment Target annual stock assessment

EIS Ecological (target byproduct bycatch TEP habitats and wider ecosystem) economic and social components

Review of the assessment methods of ESD and EBFM in Australia 99

Risk assessment Broadly consistent with the guidelines for ESD reporting for Australian fisheries lsquoHow to Guidersquo for Wild Capture Fisheries by Fletcher et al 2002 It addresses the impact on fish resources and biophysical environment Target byproduct and bycatch TEP habitat and ecosystems

Economic components Analysis based on compilation of existing data

Social components Descriptions of community values and views associated with the Abalone Fishery including social capital skills base and transferability of skills with a brief analysis of the basis of these views and perceptions

Governance No Monitoring

Monitoring DPIampF statewide Long Term Monitoring Program (LTMP) started in 19999

Performance indicators and trigger points Objectives performance indicators and review triggers for ecological economic and social components

Observer program No Reporting Fishers A daily docket recording catch and effort

information such as the zones fished dive time catches taken from each zone information on the crew boat used and the consignee

NSW DPI Annual abalone fishery reports Research

Research Strategic research plan objectives strategies and priorities

Consultation

Management Advisory Committees (MACs)

Northern Territory fisheries bull 1Aquarium Fishery bull 1Demersal Fishery bull 1Finfish Trawl Fishery bull 1Mud Crab Fishery

bull 1Shark Fishery bull 1Spanish Mackerel Fishery bull 1Timor Reef Fishery bull 1Trepang Fishery

100

The submissions to DEWHA under the EPBC Act addressed the EPBC principles and objectives for the ecological components only

NT DPIFW submission to DEWHA (May 2002) for the NT Spanish mackerel fishery and example Legislation Commonwealth legislation Wildlife Protection (Regulation of Export

and Imports) Act 1982 Environment Protection and Biodiversity Conservation (EPBC) Act 1999 National Policy on ESD and the National ESD framework for Australian fisheries

NT legislation NT Fisheries Act 1998 Review of the Fisheries Act 1998 a discussion paper (February 2006) NT Fisheries Regulations (operational 1st January

1993) Management Management plans and regulations Spanish Mackerel Fishery Management Plan in

force at 1st February1993 Review of Spanish Mackerel Fishery Management Plan discussion paper November 2000

Codes of practice No

Harvest strategies Target species input controls

Spatial management No

Assessment

Stock assessment Target species annual stock assessment based on age structured modelling

EIS No

Risk assessment No

Economic components No

Social components No

Governance No

Monitoring

Monitoring Monitoring of target species and byproduct Bycatch TEP habitat ecosystems provision for comments in logbook

Performance indicators and trigger points Proposed objectives indicators and trigger points and management action (review of management arrangements)

Observer program No

Reporting

Fishers Daily logbook listing catch effort and market details returns to the Fisheries Division on a monthly basis

NT DPIFM Annual status and technical reports

Review of the assessment methods of ESD and EBFM in Australia 101

Spanish mackerel fishery assessment reports every 3-5 years

Research

Research Strategic plan for fisheries research and development 2005-2009

Consultation

Spanish Mackerel Fishery Management Advisory Committee (SMACMAC)

Queensland fisheries bull 1Blue Swimmer Crab Pot Fishery bull 1Coral Fishery bull 1Coral Reef Fin Fish Fishery bull 1Deepwater Finfish Fishery bull 1Developmental Jellyfish Fishery bull 1Developmental Slipper Lobster

Fishery bull 1East Coast Inshore Finfish

Fishery bull 1Finfish (Stout Whiting) Trawl

Fishery bull 1Gulf of Carpentaria

Developmental Finfish Trawl Fishery

bull 1Gulf of Carpentaria Inshore Finfish Fishery

bull 1Gulf of Carpentaria Line Fishery bull 1East Coast Beche-de-mer Fishery

bull 1East Coast Otter Trawl Fishery bull 1East Coast Pearl bull 1East Coast Spanish Mackerel

Fishery bull 1East Coast Trochus Fishery bull 1East Coast Tropical Rock

Lobster Fishery bull 1Eel Fishery bull 1Marine Aquarium Fish Fishery bull 1Marine Specimen Shell Fishery bull 1Moreton Bay Developmental

Beche-de-mer Fishery bull 1Mud Crab Fishery bull 1River and Inshore Beam Trawl

Fishery bull 1Rocky Reef Finfish Fishery bull 1Spanner Crab Fishery

The submissions to DEWHA under the EPBC Act addressed the EPBC principles and objectives (ecological components only)

QLD DPI submission to DEWHA (September 2005) for the QLD Coral reef fin fish fishery (July 2005) an example Legislation

Commonwealth legislation Great Barrier Reef Marine Park Act 1975 (Commonwealth)

Marine Parks Act 1982

Nature Conservation Act 1992

Environmental Protection and Biodiversity Conservation (EPBC) Act 1999

QLD legislation Fisheries Act 1994

102

Fisheries Regulations 1995

Integrated Planning Act 1997

Management

Management plans and regulations Fisheries (Coral Reef Fin Fish Fishery) Management Plan 2003

Code of practice DPIampF intends to hold a stakeholder workshop in early 2005 to develop a code of practice for commercial line fishers on discarding fish Both the commercial and recreational sectors have voluntary Codes of Practice that explicitly refer to minimising and reporting interactions with TEP species

Harvest strategies TAC and ITQs with limited entry catch quota management scheme As part of the ELF project the CRC Reef has evaluated a number of alternative management strategies (Mapstone et al 2004) which has been used to inform management decisions The use of ELFSim a model designed to simulate responses to management changes based on information gained during the ELF project also helps inform management data

Spatial management Zoning and temporal closures

Assessment Stock assessment Target species no formal stock

assessment model has been applied but status is assessed using fishery dependent (logbooks) and independent information

EIS No Risk assessment No however processes have been put in

place in the CRFFF to increase the information available on interactions with ETP species a detailed risk assessment of the actual and potential impacts to particular speciesgroups is still some time off Accordingly in producing this ecological assessment DPIampF contacted a number of experts knowledgeable about different ETP species and threats to them and asked them to rate the likelihood and severity of interactions with the CRFFF

Economic components No

Social components No

Review of the assessment methods of ESD and EBFM in Australia 103

Governance

Monitoring and performance Monitoring The DPIampF statewide Long Term

Monitoring Program (LTMP) started in 1999

Performance indicators and trigger points A detailed evaluation and review process for the CRFFF has been included as a fundamental of the new management arrangements The evaluation and review measures also provide a trigger for responses where the objectives are not being achieved The Plan does not prescribe the type of management measures that will be triggered by review events nor the timeframes in which management change should occur in the event of a review being triggered

Observer program An observer program enabling the placement of observers on commercial line fishing vessels operating on the GBR will be explored further in the coming months and if possible be developed for implementation later in 2005 As part of its ELF program CRC Reef conducted direct observations using at sea observers of commercial fishing operations in the CRFFF over a two-year period from 1996-1998

Reporting Fishers Daily logbook records must be returned to

DPIampF at the end of each month QLD DPI Annual status reports first report planned

2006 Research

Research The Scientific Advisory Group (SAG) of Reef MAC reviewed the research needs for the fishery and a number of projects were identified as priorities

Consultation

Management Advisory Committees (MACs)

South Australian fisheries bull 1Abalone Fishery bull 1Beach-cast Seagrass and Marine

Algae Fishery bull 1Blue Crab Fishery

bull 1Giant Crab Fishery bull 1Lakes and Coorong Fishery bull 1Marine Scalefish Fishery bull 1Pilchard Fishery

104

bull 1Prawn Trawl Fisheries bull 1Rock Lobster (Jasus edwardsii)

Fishery bull 1Scallop and Turbo Fishery

bull 1Seahorse Marine Services bull 1Sea Urchin Fishery bull 1Specimen Shell Fishery

The submissions to DEWHA addressed the EPBC principles and objectives (ecological and included economic social and governance components)

SA PIRSA submission to DEWHA (September 2005) for the SA Lakes and Coorong fishery an example Legislation International United Nations Convention on the Law of the Sea

1982 Ramsar Convention

Commonwealth legislation Environmental Protection and Biodiversity Conservation (EPBC) Act 1999

State legislation The Fisheries Act 1982 insofar as this Act applies to the River Murray seeking to further the objects of the River Murray Act 2003 and the objectives of a healthy River Murray under that Act Review of fisheries Act Fisheries (Scheme of Management ndash Lakes and Coorong Fishery) Regulations 1991 Fisheries (General) Regulations 2000 Fisheries (Management Committees) Regulations 1995

Management Management plans and regulations Draft Management Plan for the South Australian

Lakes and Coorong Fishery 2005-2010 (July 2005)

Codes of practice FRDC project( June 2007) development of a code of practice for mitigation of bycatch

Harvest strategies Inputoutput controls

Spatial management Spatial and temporal closures

Assessment

Stock assessment Target sp Full stock assessment status report or literature review

EIS No

Risk assessment Planned for non target species Economic components Economic flow of benefits to broader community

Social components Maintain equitable access recreational fishers and indigenous communities

Governance Cost-effective and participative governance of the fishery

Monitoring and performance Monitoring A strategic monitoring plan developed

Performance indicators and trigger points Target ecosystems economic and social

Review of the assessment methods of ESD and EBFM in Australia 105

governance objectives indicators and reference points and triggers

Observer program No

Reporting Fishers Fishers logbook program which requires

all commercial fishers to compulsorily record daily information on catch and effort levels and other details on daily fishing operations This information is submitted monthly and entered into a database which is managed by SARDI

PIRSA Status reports and literature reviews Research

Research Strategic research and monitoring plan with priorities updated annually

Consultation

The Fisheries (Management Committees) Regulations 1995 outline a set of co-management principles and establish a number of Fisheries Management Committees (FMCs)

Tasmanian fisheries bull 1Abalone Fishery bull 1Commercial Dive Fishery bull 1Giant Crab Fishery bull 1Freshwater Eel Fishery bull 1Kelp Fishery bull 1Marine Aquarium Fish Fishery

bull 1Native Oyster Fishery bull 1Octopus Fishery bull 1Rock Lobster Fishery bull 1Scalaris Abalone Fishery bull 1Scallop Fishery

The submissions to DEWHA under the EPBC Act addressed the EPBC principles and objectives (ecological only)

TAS DPIW submission to DEWHA (April 2006) for the TAS Giant crab fishery an example Legislation Commonwealth legislation Environmental Protection and Biodiversity

Conservation (EPBC) Act 1999 State legislation Tasmanian Living Marine Resources

Management Act 1995 Fisheries (Giant Crab) Rules 2006 Living Marine Resources Management Act 1995 Fishing (Licence Ownership and Interest)

106

Registration Act 2001 Marine Farming Planning Act 1995 Regulations Fisheries (General and Fees) Regulations 2006 Fisheries (Infringement Notices) Regulations 2001 Fisheries Penalty Regulations 2001 Fishing (Licence Ownership and Interest) Registration (Fees) Regulations 2002 Marine Farming Planning Regulations 1996 Orders Fisheries (Research Area) Order 2005 Fisheries (Research Area) Order 1996 Fisheries (Value of Fish) Order 1997

Management Management plans and regulations Fisheries (Giant Crab) Rules 2006

(managed under a management plan) Fisheries (Processing and Handling) Rules 2001

Codes of practice Voluntary industry Clean Green program Harvest strategies Target Outputs Total allowable catch

(TAC) and the minimum size limit Inputs limited entry gear restrictions quota units

Spatial management Closed season for females

Assessment

Stock assessment Target annual stock assessment New stock assessment model under development The assessment also provides analysis of byproduct bycatch TEP interactions ecosystem impacts

EIS No

Risk assessment Risk assessment on impact of traps on habitat (2005)

Economic components No

Social components No

Governance No

Monitoring and performance Monitoring A research program has been initiated to provide

ongoing monitoring of bycatch in the absence of a regular observer program

Performance indicators and trigger points Performance in meeting objectives of maintaining biomass and recruitment measured CPUE size and sex distributions changes in fishing area size of

Review of the assessment methods of ESD and EBFM in Australia 107

giant crab fleet Trigger points are levels of or rates of changed that are considered outside the normal variation of the stocks and fishery which when occurs the Minister will review the management of the fishery

Observer Program No

Reporting Fishers The provision of log sheets on a monthly

basis is mandatory Fishers cannot renew their giant crab licence unless all their log sheets have been submitted Giant crab fishers are required to complete a daily catch and effort log sheet by midnight for every day that fishing occurs

DPIW The Rural and Marine Industry Profiles (1999 20032004) are a comprehensive guide to Tasmanias animal plant fisheries and organics industries The Tasmanian Marine Industry Profiles are a comprehensive guide to the wild fisheries and the aquaculture sector Each profile includes the industry structure economic data government inputs and involvements objectives for the future and topical issues

Research

Research Research program is underway

Consultation

Crustacean Fisheries Advisory Committee (CFAC)

Victorian fisheries bull 1Abalone Fishery addressed

guidelines bull 1Eel Fishery addressed guidelines bull 1Giant Crab Fishery addressed

guidelines bull 1Jellyfish Fishery developmental

fishery management plan bull 1PQ Aquatics management

arrangements was open for comment until 271106

bull 1Rock Lobster Fishery addressed guidelines

bull 1Scallop Fishery statement of management arrangements and bycatch monitoring report

bull 1Sea Urchin Fishery statement of management arrangement VIC DPI submissions to DEWHA

The submissions to DEWHA varied as outlined above For those that addressed the guidelines only the ecological components were considered For the abalone fishery

108

(used as an example) the ecological economic social and governance components were considered

VIC DPI submission to DEWHA (April 2001) for the VIC Abalone fishery an example Legislation Commonwealth legislation Environmental Protection and Biodiversity

Conservation (EPBC) Act 1999 State legislation The Fisheries Act 1995

Management Management plans and regulations Abalone Management Plan (March 2002) Codes of practice No Harvest strategies Target quotas legal minimum lengths

limited entry annual TAC is determined for each zone

Spatial management Zoning and seasonal closure for greenlip abalone

Assessment

Stock assessment Blacklip A fishery assessment model has been developed for blacklip abalone that incorporates reported catch catch rates (optional) and independently estimated abundance The model needs to account for all mortality including landed (illegal legal and recreational) discarding high grading and mortality during discarding Greenlip estimate of absolute abundance was made from the 1998 surveys MAFRI undertakes annual surveys of abalone communities at 150 fixed locations across breadth fishing grounds

EIS No

Risk assessment Blacklip A risk-based approach is adopted that incorporates the uncertainty in estimates of current and predicted stock status into the decision-making process The risk framework provides for robust assessments of the consequences of alternative management strategies on the relative biomass of exploited abalone populations

Economic components Catching production and economic efficiency

Social components Equitable distribution

Governance Costs compliance and co-management

Monitoring and performance Monitoring The Abalone Fishery Committee (AFC)

will monitor the performance of the

Review of the assessment methods of ESD and EBFM in Australia 109

fishery annually as a complement to its role in TAC setting This monitoring will be based largely on reports covering each of the ecological economic social and governance dimensions of the fishery

Performance indicators and trigger points Objectives performance indicators trigger points for ecological economic social and governance Reference points were not applicable for many of the objectives either for reasons of utility or practicality

Observer program MAFRI on-board observer program Reporting Fishers Data include daily commercial catch

weight (kg) of blacklip and greenlip abalone and effort (min) for each operator at a scale of reef complexes small bays and headlands This reporting is a mandatory component of the Abalone Quota Management System administered by Fisheries Victoria

VIC DPI MAFRI observer reports MAFRI assessment reports

Research

Research Research and development is an important component of the abalone fishery management process and includes the ecological economic social and governance components

Consultation

The CAFC to be renamed the Abalone Fishery Committee (AFC) THE CAFC is a committee established by the Fisheries Co-management Council to carry out the functions of a fishery committee under Part 6 of the Fisheries Act 1995

Abalone Fishery Advisory Group

Western Australian fisheries bull 1Abalone Fishery bull 1Abrolhos Island and Mid West

Trawl Managed Fishery bull 1Beche-de-mer Fishery bull 1Broome Prawn Managed

Fishery bull 1Cocos (Keeling) Islands Marine

Aquarium Fish Fishery bull 1Exmouth Gulf Prawn Fishery

bull 1Kimberley Prawn Managed Fishery

bull 1Mackerel Fishery bull 1Marine Aquarium Fish Fishery bull 1Northern Demersal Scalefish

Managed Fishery bull 1Northern Developmental Blue

Swimmer Crab Fishery bull 1Octopus Fishery

110

bull 1Onslow and Nickol Bay Prawn Managed Fisheries

bull 1Pearl Oyster Fishery bull 1Pilbara Trap Fishery bull 2Pilbara Trawl Fishery bull 2Salmon Managed Fisheries bull 2Shark Bay Experimental Crab

Fishery bull 2Shark Bay Prawn Fishery bull 2Shark Bay Scallop Fishery bull 2Shark Bay Snapper Fishery bull 2South Coast Crustacean Fishery bull 2South Coast Trawl Fishery

bull 2Specimen Shell Managed Fishery

bull 2Temperate Shark bull 2Tropical Shark bull 2Western Rock Lobster Fishery

(environmental economic and social aspects)

bull 2West Coast Deep Sea Crab Interim Managed Fishery

bull 2West Coast Purse Seine Managed Fishery and South Coast Purse Seine Managed Fishery WA

The submissions address the EPBC guidelines and provide a ESD performance report and an ecological risk assessment report

WA Fisheries submission to DEWHA (October 2001) for the WA Western rock lobster fishery an example Legislation Commonwealth legislation The Offshore Constitutional Settlement

(OCS) arrangements between Western Australia and the Commonwealth Government of 1995 Environmental Protection and Biodiversity Conservation (EPBC) Act 1999

State legislation Fish Resources Management Act 1994 (FRMA) Fish Resources Management Regulations 1995 (FRMR) Fisheries Notices amp Orders (Notices made under the Fisheries Act 1905 and Orders made under the FRMA)

Management Management plans Western Rock Lobster Management Plan

The Western Rock Lobster Limited Entry Notice 1993

Code of practice No Harvest strategies Licence limitation minimum size limits

gear restrictions Spatial management Spatial zones and temporal closures

Assessment

Stock assessment Annual assessment of target species using fishery independent surveys and on board monitoring monthly returns from commercial operators and annual

Review of the assessment methods of ESD and EBFM in Australia 111

estimates of recreational and indigenous harvest

EIS No

Risk assessment A formal ecological risk assessment that was conducted by independent consultants International Risk Consultants (see IRC 2001)

Economic components No but the SCFA ESD Component Report contains a comprehensive performance evaluation of the WRL fishery based upon the framework described in the Fisheries WA ESD policy (Fletcher 2001)

Social components No but the SCFA ESD Component Report contains a comprehensive performance evaluation of the WRL fishery based upon the framework described in the Fisheries WA ESD policy (Fletcher 2001)

Governance Performance report using component tree management effectiveness arrangements compliance allocation between users legal arrangements consultation

Monitoring and performance Monitoring Ongoing monitoring programs are

supported by a long history of research programs on the biology ecology and interactions of lobsters along the west coast of WA

Performance indicators and trigger points SCFA ESD Component Reports(see Section 5) contains the available objectives indicators and performance measures for measuring the effectiveness of the management arrangements for the WRL fishery For some components the objectives indicators and performance measures are well established and the data are available to demonstrate levels of performance over time For other components the objectives indicators and performance measures have only just been developed andor the necessary data collection is only just being initiated

Observer program On board observer program covering all zones times and depth ranges

Reporting Fishers Monthly returns voluntary daily logbooks

112

WA Fisheries State of Fisheries Annual Report Annual Reports to industry

Research

Research The Performance reports for retained species non retained species the general environment and governance each provide information on supporting research for the Western Rock Lobster

Consultation

Rock Lobster Industry Advisory Committee (RLIAC) which is a statutory committee under legislation (S29 and S30 of the FRMA) and also from requested submissions from industry groups (eg WAFIC) other stakeholder groups (eg Recfishwest Conservation Council of WA) and the general public

Commonwealth fisheries bull Antarctic

- CCAMLR New and Exploratory

- Heard Island and McDonald Islands

- Macquarie Island bull Bass Strait Central Zone Scallop bull Christmas Island and Cocos

(Keeling) Islands bull Coral Sea bull Eastern Tuna and Billfish bull Norfolk Island bull North West Slope bull Northern Prawn bull Skipjack Tuna bull Small Pelagic

bull Southern and Eastern Scalefish and Shark

- Commonwealth Trawl - Great Australian Bight

Trawl - Gillnet Hook and Trap - East Coast Deepwater

Trawl bull South Tasman Rise bull Southern Bluefin Tuna bull Southern Squid Jig bull Western Tuna and Billfish bull Torres Strait bull Western Deepwater Trawl

The submissions to DEWHA under the EPBC Act addressed the EPBC principles and objectives (ecological only)

The Commonwealth assessment must specifically address all aspects of the Guidelines for the Ecologically Sustainable Management of Fisheries In particular the assessment must demonstrate that the fishery is ecologically sustainable in terms of its impact on

a) target species b) non-target species and bycatch and c) the ecosystem generally (including habitat)

Review of the assessment methods of ESD and EBFM in Australia 113

In particular the assessment must include a) a description of the potential impacts of the fishery on the environment

(including to the extent possible information on the degree of confidence with which the impacts can be predicted and quantified)

b) an analysis of the nature and extent of the likely environmental impacts including

c) whether the impacts will be short term or long term impacts d) an assessment of whether any environmental impacts are likely to be unknown e) unpredictable or irreversible f) an analysis of the significance of the potential impacts and g) reference to the technical data and other information relied upon in assessing the

environmental impacts of the fishery

The assessment shall include consideration of impacts associated with the conduct of the fishery such as the discharge of waste and other pollution risks (including lost gear) The assessment shall include consideration of the international arrangements established for the management of the species The assessment must include information on the recreational catch sector and its impact on stock sustainability

Summary of Commonwealth fishery submission to DEWHA (September 2003) for the Eastern Tuna and Billfish fishery an example Legislation International United Nations Fish Stocks Agreement

which came into force on 11 December 2001 United Nations Convention on the Law of the Sea Food and Agricultural Organisation of the United Nationrsquos Code of Conduct for Responsible Fisheries and Convention on the International Trade in Endangered Species of Wild Fauna and Flora South Pacific Forum fisheries Agency Convention 1979 Convention for the Prevention of Pollution from Ships (MARPOL 7378) Bilateral agreements between Japan and Australia regarding the shark bycatch code of practice and seabird mitigation measures

Commonwealth legislation Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Offshore Constitutional Settlement (OCS)

Management Management plans Fisheries Administration Act 1991 The

legislative basis for AFMArsquos management

114

of fisheries is the Fisheries Management Act 1991 The Eastern Tuna and Billfish Fishery Management Plan 2005 ETBF Bycatch Action Plan Threat Abatement Plan 1998

Code of practice Agreement between Japan and Australia under the bilateral agreement regarding the shark bycatch code of practice Agreement between Japan and Australia under the bilateral agreement regarding seabird mitigation measures

Harvest strategies Limited entry with vessel restrictions in some areas Revised management arrangements

Spatial management Zones for longline and minor line sectors

Assessment

Stock assessment EIS No

Risk assessment Ecological Risk Assessment for the Effects of Fishing Eastern Tuna amp Billfish Fishery Longline Sub-fishery Report for the Australian Fisheries Management Authority (2006)

Economic components No Social components No

Governance No

Monitoring and performance Monitoring Monitoring logbooks TAP SPC coastal

states VMS effort monitoring Performance indicators and trigger points Performance criteria based on ETBF

management plan 2005 objectives only provisional reference points for primary and secondary species

Observer program AFMA observer program operating since July 2003

Reporting Fishers Daily fishing log on a shot by shot basis to

AFMA 14 days after end of each month verified by AFMA observers

AFMA Annual fisheries data summaries AFMA annual performance reports

Research

Research Eastern tuna and billfish fishery five year research plan 2003-2008

Consultation

Review of the assessment methods of ESD and EBFM in Australia 115

The Eastern Tuna and Billfish Fishery Management Advisory Committee (Eastern Tuna (MAC)

213 DEWHA Assessment of fisheries Under the EPBC Act the Australian Government has consolidated its major environmental controls and effective from January 2002 the wildlife trade provisions previously implemented through the Wildlife Protection (Regulation of Imports and Exports) Act 1982 The legislation provides a framework that will enable the Australian Government to ensure that any harvesting of marine species is managed for ecologically sustainability The primary roles of the Sustainable Fisheries Section include the evaluation of the environmental performance of fisheries for strategic assessment under Part 10 of the EPBC Act assessments relating to impacts on protected marine species (Part 13) and those required for approval of export of fisheries product (Part 13A)

The EPBC Act requires all Commonwealth managed fisheries to undergo strategic environmental impact assessments before new management arrangements are bought into effect and that all fisheries (Commonwealth and State and Territory) with an export component undergo assessment to determine the extent to which management arrangements will ensure that the fishery is managed in an ecologically sustainable way

The assessments are conducted by the Department of the Environment and Heritagersquos (DEWHA) Sustainable Fisheries Section (SFS) on behalf of the Australian Government Submissions are prepared by the fishery management agency against the Guidelines for the Ecologically Sustainable Management of Fisheries (available from the SFS or at 2httpwwwdewhagovaucoastsfisheriesassessmentguidelineshtml) The guidelines outline principles and objectives designed to ensure a strategic and transparent way of evaluating ecological sustainability See Appendix A for full details

Environmental assessment under the Environment Protection and Biodiversity Conservation Act 1999 may include the following documents

bull 2Department of the Environment and Heritage Assessment Report bull 2Accreditation of a plan of management for the purposes of part 13 and 33 bull 2Declaration of an approved Wildlife Trade Operation bull 2Variation to declaration of an approved Wildlife Trade Operation bull DEWHA Ministerial Schedule that revokes existing conditions or includes new

conditions bull 2Amendment to the List of Exempt Native Specimens (LENS) bull 2Ministerial decision recommendations and conditions bull 2Agency submission on ecological sustainability and bull Invitation to comment A period for public comment allows anyone interested in

the fishery to provide DEWHA and fisheries managers with comments on the management agency submission

22Accreditation of a plan of management

The Minister will determine either

bull Accreditation actions taken in accordance with the Management Plan for the fishery are unlikely to have an unacceptable or unsustainable impact on the

116

environment The Management Plan is accredited and further assessment of the impacts of the fishery under the EPBC Act is not required or

bull No accreditation the Management Plan does not address key environmental issues and the planrsquos ability to control unacceptable impacts of the fishery on the environment is uncertain For fisheries operating in Commonwealth waters the Minister will also determine either Part 13 accreditation ndash The fishery management regime requires fishers to take all reasonable steps to avoid killing or injuring protected species and the regime does not or is not likely to adversely affect the survival or recovery in nature of a protected species The Management Plan is accredited and operators are exempt from requiring permits under Part 13 for interactions with protected species or

bull No Part 13 accreditation ndash The Management Plan does not take all reasonable steps to minimise impacts on protected species and the planrsquos ability to control unacceptable impacts on protected species is uncertain The Australian Government Minister for the Environment and Heritage may accredit an environmental assessment process for fisheries by State or Territory authorities if satisfied that the assessment process meets the Accreditation Benchmarks for the Environmental Assessment of Fisheries (available from the SFS)

2Declaration of an approved Wildlife Trade Operation

The Minister may make one of three decisions relating to the export of products from a fishery

bull Exempt the fishery is being managed in an ecologically sustainable way in accordance with the Guidelines Products or species sourced from the fishery are added to the list of exempt native specimens for up to 5 years and recommendations for action over that time may be made or

bull Wildlife Trade Operations (WTO) the fishery is consistent with the objectives in the EPBC Act and is not likely to have an unacceptable impact in the short term However there are uncertainties and further action required This fishery is declared an approved Wildlife Trade Operation (WTO) and export can occur while conditions are being met or

bull Prohibition the fishery has significant environmental impacts that cannot be mitigated through conditions Export is not permitted This is an undesirable situation and in every case DEWHA will strive to find mutual ground and a positive way forward in order to achieve either exemption or a WTO

2Ministerial decision ndash recommendations and conditions

At the completion of the assessment process the Minister for the Environment and Heritage will make a number of decisions based on advice from DEWHA and may include certain recommendations and conditions which are outlined in the ministerial decision document Commonwealth fisheries managed by AFMA are required to produce and present annual reports to DEWHA to allow assessment on progress on implementation of recommendations and conditions

Review of the assessment methods of ESD and EBFM in Australia 117

22 Review and report on the major issues raised from the EPBC strategic assessment process for ESD and EBFM

The review will be presented under the following headings

bull Background bull Review of the first round of EBPC assessment process bull Marine and Coastal Community Network (MCCN) Survey bull AFMADEWHA review lessons learnt and possible future directions bull Reassessment AFMFDEWHA Working Group and bull AFMF national research priorities 2006 to 2008

221 Background The assessment process started in 2000 and 125 fisheries were originally identified The process took longer than was planned (1 December 2003) and the assessment deadline was extended twice to accommodate late submissions The first round of assessments was concluded on 1 December 2005 when 109 assessments had been completed with short term decisions for an additional seven due 2006

The main reason for the need to extend the assessment completion deadline was due to delays in the first step of developing a final draft assessment report for public comment Completing assessments was costly in time and resources It highlighted the differences between fisheries information resources and the need for this information to be readily available and in a form to enable a more easy and timely completion of an assessment

222 Review of the first round of EPBC assessment process The MCCN undertook a survey as an appraisal of the EPBC Act Fisheries Strategic Assessment Australian Fisheries Management Forum (AFMF) and DEWHA prepared papers setting out the lessons learnt from the first round of assessments and recommendations for reassessments which for some fisheries are due to start in 20062007 A summary of these reviews is provided below

MCCN Survey

Background to the survey and questions that the survey was to address

The Marine and Coastal Community Network (MCCN) undertook a short survey of a cross-section of fisheries stakeholders including the Australian Government and all the State agencies The purpose of the survey was to appraise the first round of the EPBC Act Fisheries Strategic Assessments The results were published in WAVES vol 12 (1) Spring 2006 pages 7-10

The stakeholders that responded to the survey included the following Australian Fisheries Management Authority (AFMA) Department of Primary Industries (DPI) NSW

118

Fisheries Victoria (FV) Department of Primary Industries and Fisheries(DPIampF) QLD Department of Fisheries Western Australia (DoFWA) Commercial Fishers Association (CFA) Australian Marine Conservation Society (AMCS)

The other relevant stakeholders that were invited to participate included The fisheries agencies for the Northern Territory South Australia and Tasmania as well as the Australian Society for Fish Biology the Australian Marine Science Association and RecFish Australia but were unable to participate at this time

The MCCN Survey Questions

1 Has the assessment process been rigorous and robust across all types of export fisheries

2 Were the outcomes to a consistent standard 3 Were the conditions and recommendations applied to fisheries

a relevant b practicable c deliverable and d auditable

4 What were the costs and benefits of the EPBC Act Fisheries Strategic Assessments process

5 Do you think the objectives of fisheries ecosystem-based management can be met by fisheries management agencies alone Should they be

6 Was the investment in the process beneficial a for your sector b overall

7 How do you think compliance with the outcomes of the assessment can or will be monitored Do you have any other suggestions for monitoring the outcomes

8 How do you think the process could be improved for re-assessment 9 Should eco-labels (such as the MSC process or equivalent) be taken as

equivalent to the EPBC Act Fisheries Strategic Assessments 10 Any other comments

(Source WAVES vol 12 (1) Spring 2006)

Summary of the key findings

Questions Overall response Q 1 Has the assessment process been rigorous and robust across all types of export fisheries

Yes States were not using a consistent set of assessment approaches The assessments process highlighted the differences between fisheries re data sets monitoring management protocols and compliance Improvements are required for future assessments

Q 2 Were the Reasonable level of consistency

Review of the assessment methods of ESD and EBFM in Australia 119

Questions Overall response outcomes to a consistent standard

Acknowledgement that maintaining consistency across range jurisdictions and fishery types and over an extended period of time therefore achieving consistency was difficult Questions re consistency between large and small fisheries

Q 3 Were the conditions and recommendations applied to fisheries a) relevant b) practicable c) deliverable and d) auditable

In general yes Often required negotiation between DEWHA and states re conditions and recommendations for individual fisheries Issues re cost of and timelines for implementation of conditions and recommendations

Q 4 What were the costs and benefits of the EPBC Act Fisheries Strategic Assessments process

$ costs high and resource intensive but many benefits export approval for fisheries increased stakeholder confidence as fisheries independently assessed documented summary information re fisheries for management purposes acceptance of proposed management measures consistent with DEWHA recommendations improved fisheries management towards ecologically sustainable and economically viable fisheries encouraged more research and frameworks for measuring effectiveness of management arrangements encouraged management plans to include more ecologically based objectives development risk based approaches more rigorous fishery monitoring and regular stock assessments regular state of fisheries reporting to parliament and the public more centralised and standardised fishing information and identification of data gaps burden proof shifted to managers and industry to demonstrate sustainability Full benefits will not be realised for some time Lack of resources for the conservation sector to engage fully in the process given the large volume of assessments Industry concerns re that assessment process more stringent for domestic fisheries than those applying to imported seafood Standards should be consistent for all fish products

Q 5 Do you think the objectives of fisheries ecosystem-based management can be met by fisheries management agencies alone Should they be

No EBM requires extensive cooperationcollaboration between all management agencies with responsibility for fisheries and coastaloceanland use management and includes all stakeholders Interdisciplinary approach needed strong policy and resource commitment by governments Industry consider role of managers to mange fisheries on a sustainable basis and maximise economic return to the community

Q 6 Was the investment in the process beneficial

Similar response to Q4 above high costs $ time and resources but many benefits Assessments reinforced trend towards EBDM better

120

Questions Overall response a) for your sector and b) overall

identification problems and long term solutions vs ad hoc approach more accountability improved community perception and confidence fisheries managed on a sustainable basis

Q 7 How do you think compliance with the outcomes of the assessment can or will be monitored Do you have any other suggestions for monitoring the outcomes

Via annualbiennial or progress reports Further monitoring could be provided through management plans DEWHA experienced difficulties monitoring large number of fisheries within the timeframes Any monitoringcompliance system adopted should effectively integrate with existing regimes Best way to achieve this through incentive based approach and regulatory used for significant breaches

Q 8 How do you think the process could be improved for re-assessment

AFMF and DEWHA working on re-assessment approach Reassessment should be tick-cross of the conditions and recommendations set in the first round Future assessments compare fisheries against a set of best practice fishery characteristics Reassessment documentation minimised while still addressing the guidelines Degree of assessment required and conditions should be commensurate with the level of risk posed by the fishery

Q 9 Should eco-labels (such as the MSC process or equivalent) be taken as equivalent to the EPBC Act Fisheries Strategic Assessments

Mixed response some yes others no MSC considered a higher standardbenchmark which covers entire supply chain Approaches viewed as complementary and potential for developing a joint approach If fishery approved under EBPC should then be possible to meet MSC requirements Conversely if fishery already certified under MSC should automatically be approved under the EPBC

Q 10 Any other comments

Assessments process significantly helps enhance the environmental performance of Australiarsquos commercial fisheries A streamlined approach adopted for assessments that is integrated into other reporting requirements Requires appropriate labelling at point of sale so customers can distinguish between products harvested on sustainable basis The EPBC assessment process is not linked through legislation to the development or review of management plans for State managed fisheries There is the potential for the assessments to perform a vital function in the sustainable management of commercial fisheries production and in reassuring the community that Australiarsquos marine resources are being competently and responsibly managed However as things stand they are widely regarded as yet another burden achieving a relatively narrow set of conservation orientated objectives Instead they should be a part of the broader spectrum of management arrangements that are designed to deliver the two key tenets of fisheries management biological sustainability

Review of the assessment methods of ESD and EBFM in Australia 121

Questions Overall response and economic viability Duplication of processes state and Commonwealth collected in survey

With QLD having to deal with GBRMPA as well there is a duplication of the ecological sustainability accreditation process by two Commonwealth agencies EPBC Act accreditation should be sufficient to meet any requirements of the GBRMPA (AFMF agenda paper)

(WAVES vol 12 (1) Spring 2006)

As outlined by Caitlin Barry (2006) (DEWHA Sustainable fisheries Section) the assessment process has provided an improved understanding of the status of 130 individual fisheries It highlighted the diversity of fishery types and the different management regimes they operate under As well as the differences between fisheries in terms of the different stages of development towards implementation of sustainability and an ecosystem based management regime

A major issue that was identified is the lack of knowledge and information of the biology and status of target byproduct and by catch species Therefore a recommendation is to address the data collection needs for management decision making purposes This includes for example bycatch monitoring programs reporting mechanisms for protected species interactions and more appropriate spatial and temporal scales of fishery data recording (WAVES vol 12 (1) Spring 2006)

223 AFMFDEWHA review lessons learnt and possible future directions The AFMF workshop in May 2006 provided a forum to discuss the issues raised the lessons learned by fishery agencies and DEWHA and future processes The AFMF and DEWHA comments are categorised under the following headings fishery agency submission to DEWHA the DEWHA assessment process the assessments the Ministerrsquos decisions and recommendations issues and future assessments and recommendations

Fishery agency submissions to DEWHA

bull The EPBC guidelines provide a basic framework to address when submitting applications (although this initially produced a level of repetition that has subsequently been addressed by combining some criteria)

bull Preparation of fishery assessment reports to DEWHA requires significant time and budget resources

bull Significant resources are required to demonstrate the ecological sustainability of a given fishery to the satisfaction of DEWHA Invariably scant time and budget resources are taken away from other projects and research in meeting the requirements of the assessment process No additional funding is provided to assist in implementing the process

bull The initial time frame set by Commonwealth Government for assessment of all Australian fisheries (Dec 2002) was unrealistic and placed high resourcing demands on fishery agencies and detracted from other management planning efforts and

122

bull Different approaches were used by jurisdictions in addressing the EPBC guidelines

DEWHA assessment process

bull There is limited direction in the guidelines in relation to the level of detail required in submissions which led to differences in approach by various DEWHA assessment officers and over time since the process commenced in 2000

bull There are no specific criteria in place to provide consistency in determining what characterises a fishery as Export Exempt or Wildlife Trade Operations certified This creates difficulties with the acceptance of outcomes by stakeholders This lack of standard criteria has also led to a large amount of inconsistency in the levels of assessment achieved between fisheries and between similar fisheries in different jurisdictions Outcomes of assessments did not always appear consistent with the quality of the submission (sometimes providing less information was seen to produce a more favourable outcome)

bull ESD includes environmental economic and social whereas the assessments under EPBC only assess the environmental aspects and

bull The process has not adequately addressed multi jurisdictional fisheries or cumulative impacts

Ministerrsquos decisions and recommendations

bull Outcomes from the Ministers decision regarding the final conditions and recommendations in granting a WTO as might be expected resulted in variation across fishery types

bull For many fisheries it also required negotiation on a per fishery basis between fishery agencies and DEWHA in reaching agreement on the set of conditions and achievable timelines

bull The status of compliance with conditions and recommendations is that the majority are still ongoing with only a small percentage completed

bull Recommendations should be outcome based rather than prescriptive bull The 2Ministerial decision states the recommendations and conditions relating to

the fishery Further information relating to the recommendations and conditions are outlined in the DEWHA assessment Commonwealth fisheries managed by AFMA are required to produce and present annual reports to DEWHA to allow assessment on progress on implementation of recommendations and conditions

bull On a per fishery basis it is difficult to assess status and progress It would be useful to have a plan for implementation and report annually for those completed progress to date why planned activities not met and new timelines any related changes that might impact recommendations and conditions Upon completion of recommendations and conditions it would be useful to have an evaluation of how relevant and effective they were in relation to the issues

bull Across similar fishery types an analysis of recommendations and conditions to see if fisheries facing similar requirements helpful in understanding what is needed for implementation of EBFM and research needs and

bull Cross fishery basis an analysis of recommendations and conditions to see all fisheries facing similar requirements

Review of the assessment methods of ESD and EBFM in Australia 123

Issues

Information

bull Data and information resources vary across fisheries (data richpoor highlow value fisheries) Another issue was the differences in assessments submitted Fishery agency submissions varied greatly were often very long yet did not adequately identify key deficiencies in the management arrangements and failed to provide sufficient detail to assess management against the assessment guidelines

bull There is a general lack of consideration of ldquowhatrsquos practicalrdquo in terms of the level of fishery independent information actually required by many fisheries It needs to be recognised that the market for obtaining the limited available external funding to develop and implement fishery independent programs is thin and extremely competitive and

bull There is an unrealistic expectation that fisheries agencies can fund resource rich research projects for low value fisheries If individual management agencies are to meet the research challenges that are being set then significant additional funding will need to be made available

Other

bull Clarity is needed on what is meantrequired regarding continuous improvement bull Clarity is needed on how to demonstrate application of precautionary principle bull No consideration is given by DEWHA to the social and economic consequences

of assessment decisions and the impact of subsequent recommendations and or licence conditions on fishers and the communities that they live in

bull If recommendations from assessments are not developed in the context of the socio-economic factors in the fishery implementation will be unachievable This issues are often not able to be adequately addressed in the assessment process and

bull Difficulty in explaining to fisheries stakeholders that the EPBC process is only about ldquoecological sustainabilityrdquo when ESD and their concerns are also about social economic sustainability ESD is what governments signed up to

Future assessments and recommendations

bull The initial round of assessments was thorough meaning that the extensive reiteration of material taken from submissions that occurred in each DEWHA report is probably not required again in the second round This means that more time can now be spent in further developing and refining management responses in line with previous DEWHA recommendations

bull For most fisheries the next round of assessments could be confined to - reports on condition adherence - exception reports - update reports

bull DEWHA should continue with its collaborative approach with fisheries management agencies as this will expedite the process

bull For the next round of assessments it may be useful to distinguish between those management arrangements that are identified in statutory documents with a

124

legislative head of power from those that are captured in other ways The latter include internal policy documents strategies or statements of management arrangements The former need only to be checked off against a number of minimum requirements while the latter will require a more detailed examination

bull The risk assessment approach to assessing Ecological Sustainability in Fisheries as developed through the Fisheries Research Development Corporation ESD Sub-Program has now been adopted by the NRM Ministerial Council It meets the Australian and New Zealand standard as a risk assessment methodology However the results have not always been adopted by DEWHA in a consistent manner The full adoption of such methods is however going to be vital if the ongoing monitoring of all the fisheries is to be accomplished in an efficient and effective as well as in a consistent manner at the national level In addition the basis for undertaking such assessments need to be clarified ndash will they be based on ecological criteria or incorporate societal elements and if so to what level

bull Clarity is needed on risk assessment approach for assessments and meeting ESD requirements

bull In practice a form of risk assessment is conducted across all fisheries during their assessment - DEWHA receptive to developing agreed risk assessment standards as a pre-

requisite to their incorporation in future re-assessment processes bull Given that DEWHA now has a ldquodatabaserdquo of over 100 fisheries there is

considerable opportunity to refine the national risk assessment approach and generate a summary of what is considered acceptable performance across most categories of fisheries ndash that is looking at national issues and concentrating on them This should take into account - level and scale of Impact on the stock on the environment and on protected

species - whether third party audits are in place (MSC NSW process) etc

bull DEWHA should take more of a true ldquoauditorrsquos approachrdquo to its assessments not a surrogate managerrsquos approach This would involve DEWHA concentrating more of its efforts on fisheries at high risk for habitat impact real stock sustainability and significant protected species interactions A random selection of the other issues and fisheries could then be investigated in depth This will allow a focus of effort on key issues in key fisheries ndash ie taking a true risk based ESD approach

bull In achieving an auditorrsquos role DEWHA could review the database of fisheries and identify within each State andor Territory which fisheries are likely to need improvement ie high risk fisheries which will need to be assessed again due to either their type of operation or stock assessments etc While DEWHA could identify national groupings of high risk and low risk fisheries the particular regional situations need to be accounted for and thus benchmarks in each category may need to be region specific This will ensure that key resources are placed on those fisheries and will enable agencies to devote their resources to improving those fisheries

bull There remains the fundamental question of what is ldquocontinuous improvementrdquo and whether this will impose unreasonable demands on the fishing industry If a fishery has been determined to be sustainable already and gained exempt status then logically if the management settings remain the same and are adhered to

Review of the assessment methods of ESD and EBFM in Australia 125

the existing conditions met and there has been no change in the background environment or our understanding of the issues then the conditions imposed should not be fundamentally changed ie no significant additional requirements should be necessary

bull If the increasing knowledge of the biology of a fish species or stock assessment points to the need for a review then this should be done However much of this has already been anticipated in the performance indicators and reporting procedures and

bull For clarity the new process should be the subject of a set of clear guidelines as to procedure and content There may be merit in an expert review prior to their adoption There are numerous examples in other sectors that undertake such auditing functions perhaps this can be explored so that there is no need to lsquore-inventrsquo any wheels

224 Reassessments AFMFDEWHA working group The DEWHA working group has AFMF nominated representation The group was formed to assist DEWHA in the development of a reassessment process for the second round and beyond of fishery assessments under the EPBC Act The DEWHA working group has been responsible for responding to some of the issues for example providing more detailed guidance for the Guidelines A revised re-assessment approach was prepared for consideration by the Minister The amendments to the EPBC Act were passed by the Parliament on December 2006 The overarching objective of the proposed amendments is to maintain the Australian Governmentrsquos ability to protect the environment and in response to the issues raised above

bull Provide a more effective efficient and strategic regulatory process for stakeholders

bull Reduce duplication in regulatory processes bull Increase the flexibility within Act processes bull Reduce administrative and compliance costs and bull Increase the effectiveness of the compliance regime

23 AFMF national research priorities for 2006-08

231 Background The Australian Fisheries Management Forum (AFMF) has recognised the need to provide direction to both research investors and providers in regard to the highest research and science priorities for fisheries and aquaculture management These priorities should be reviewed and updated bi-annually in order to assist the various research commissioning processes in particular that of the Fisheries Research and Development Corporation (FRDC)

To assist in the development of these priorities the AFMF has considered the draft National Strategic Plan for Australian Fisheries and Aquaculture This plan is a revision and updating of the first National Research Strategic Plan (1996) incorporating recent research and development outcomes and incorporating an increasing emphasis on

126

aspects of Ecologically Sustainable Development (ESD) and an ecosystem approach to fisheries management

The Strategic Plan provides for all aspects of fisheries and aquaculture research and development over a five to ten year horizon It identifies seven programs twenty-three subprograms and describes associated research focus areas As well as this broad encompassing strategy AFMF believes it is also necessary to provide an indication of the highest level national research and development priorities The priorities set out in this document are based on a risk management framework and aim to support other evidence-based decision making and policy development guidelines and to be consistent with the principles of ESD and the need for an ecosystem-based approach to fisheries management

The priorities are designed to provide information that will assist in the development of fisheries management policies on issues common to fisheries management across jurisdictions in a corporative coordinated and cost effective manner The priorities will help to maximise the outcomes from fisheries research and investment for the benefit of Australiarsquos fisheries resources the environment and the community The role of the AFMF in research is to assist in the coordination of research activities addressing national issues and facilitating cooperation between jurisdictions in implementing research outcomes in managing fisheries resources The development of National Research Priorities is a critical component of this role

232 National fisheries management research priorities 2006 to 2008 The ten priority fishery management issues were identified by the AFMF through consensus following consideration of the draft Strategic Plan and the research requirements resulting from assessments of fisheries under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) The priorities are listed below Each priority is further elaborated in the following section

Project proponents wishing to use these priorities as a guide in drafting research funding applications should be able to clearly indicate the link between the resources required to undertake their proposed research actions and how they will deliver on the fisheries outputs and the high level outcomes indicated in this paper

1 Develop a national framework for fishery performance indicators particularly using non-traditional broader ecosystem-based indicators

2 Develop a rating of risk within rapid stock assessment methodologies for data-poor species that is consistent with the more formal assessments done for target species

3 Improve the cost efficiency of fisheries compliance strategies and operations including techniques to measure and manage illegal fishing

4 Develop a standardised process for determining appropriate methods for the collection reporting and auditing of fishery dependent and independent data including comparative assessment of areas open and closed to fishing

5 Improve assessment of non-commercial fishing impacts 6 Evaluate alternative harvest strategies

Review of the assessment methods of ESD and EBFM in Australia 127

7 Develop methodologies for regional cultural and socio-economic impact assessment of fisheries and aquaculture management interventions Analyse economic performance of user groups to inform the resource allocation process

8 Develop a framework for fisheries management planning that allows for non-regulatory components including co-management options

9 Improve the control of pest organisms that impact on fisheries and aquaculture 10 Develop technologies products and processes to assist Industry to reduce costs

and increase returns for Australian seafood

128

3 REVIEW OF THE MANAGEMENT RESPONSES TO ESD AND EBFM IN AUSTRALIA

The summary survey analysis and results will be presented under the following headings

bull The ESDEBFM survey (31) - background - technical - limitations on interpreting results - overview of summary results and

bull Summary of survey results (32) - Section 2 results - Section 3 results - Section 4 results - Section 5 results

Full details of survey results are provided in Appendix B

31 The ESDEBFM Survey

311 Background A survey was sent to each jurisdiction to a nominated representative for management research and industry The purpose of the survey was to collect the relevant information to review the current experience and management responses for Fisheries ESD and EBFM in Australia for each jurisdiction This has been endorsed by AFMF and FRDC and will be used to inform future investment in development of tools to support ESDEBFM

This survey provided an opportunity for a national snapshot of assessment methods and management responses for Fisheries ESD and EBFM in Australia This is a follow up to the national lsquosnapshotrsquo of experience and approaches regarding ESD (FRDC Project 98168) in 1998

The survey was in five sections as below Section 1 provides a background Sections 2 to 4 ask questions regarding experience and management responses for Fisheries ESD and EBFM in Australia for each jurisdiction Section 5 relates to ESDEBFM implementation generally

Section 1 Background jurisdiction and role in organisation Section 2 How fisheries management has changed with regard to ESDEBFM from 1998 to 2006 Section 3 Where we are now 2006 Section 4 What needs further development over the next 6 years from 2006 to 2012 Section 5 ESDEBFM provides an opportunity for further comments regarding ESDEBFM implementation across all jurisdictions

Survey analysis and results 129

312 Technical The survey was conducted via a web based online format The online software used was SurveyMonkeycom which provided results that can then be downloaded into excel software for analysis

313 Limitations on interpreting results There are a number of limitations on the analysis of the survey which need to be considered when interpreting the results A survey was sent to eight jurisdictions (NSW NT QLD SA TAS VIC WA and Commonwealth) to a nominated representative for management research and industry A full response by all nominated participants would represent 24 possible responses However not all nominated jurisdiction representatives for management research and industry were able to respond to the survey and for those that did respond not all questions were answered

There may also be an issue of different interpretations of questions by respondents One respondent suggested an onsite workshop would most probably produce a superior result and response This option was originally planned but was amended at the ESD Working Group meeting in October 2006

The analysis and full details of the survey results are provided in Appendix C

32 Summary of survey results ndash Section 2 The purpose of Section 2 was to establish how fisheries management responses have changed with regard to ESDEBFM within jurisdictions from 1998 to 2006 The particular areas of interest are

1 Progress towards incorporating ESDEBFM operational measures into policy planning legislation and management arrangements for environmental economic social and governance components

2 Indications of where performance indicators and benchmarks wereare being used for environmental economic social and governance components

3 What wasis the level of confidence in managing the environmental economic social and governance components under ESDEBFM principles

It should be noted that for this section questions were multiple choice options The response for Commonwealth management (AFMA) included further detailed text information (see Appendix B under heading Commonwealth management further information under each questions)

321 Progress towards incorporating ESDEBFM operational measures into policy planning legislation and management arrangements for environmental economic social and governance components Further progress has been made in incorporating ESDEBFM operational measures into policy planning legislation and management arrangements for environmental economic social and governance components for the period 1998 to 2006 as highlighted by the figures below In 1998 all components were considered as having

130

partly implemented operational measures even though levels of progress varied All components had some aspects that were considered at the planned or no progress stage Only the economic component was considered as making some progress towards being fully implemented By 2006 all components (except for the social) showed a shift towards being fully implemented with the target species component showing the most progress For components where incorporation of operational measures are considered partly implemented these show an increase and similar progress There has been a significant shift for components that consider progress as only planned or where no progress has been made with only some aspects of the habitat communityecosystems economic and social components being considered to be in these categories

1998 progress incorporating ESDEBFM operational measures

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The figure below provides a comparison of progress in incorporating ESDEBFM operational measures for components from 1998 to 2006 This information was derived

Survey analysis and results 131

by a weighted sum of those components considered fully implemented partly implemented planned or no progress for each year (a relative weighting of levels) This demonstrates the overall progress made from 1998 to 2006 By 2006 progress for the byproduct bycatch TEPs species and governance components were similar and closer to the level of progress made for the target species component The next level of progress was for habitat communityecosystems economic and social components which as a group were at similar levels

Incorporation of ESDEBFM operational measures progress from 1998 to 2006

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Comments on variations

By role of respondent A variation within and across all jurisdictions for both years was between research and management views on levels of implementation For example research responses viewed implementation as planned and management as partly implemented or research responses viewed implementation as partly implemented and management as fully implemented

322 Indications of where performance indicators and benchmarks wereare being used for environmental economic social and governance components An increasing number of performance indicators and benchmarks are being used for the environmental economic social and governance components for the period from 1998 to 2006 as outlined by the figures below Generally in 1998 use of performance indicators and benchmarks was reported at none or only some for components By 2006 indicators and benchmarks were reported at all for components although at low levels with majority still reporting at some

132

1998 use of performance indicators and benchmarks

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The figure below provides a comparison of use of performance indicators and benchmarks for components from 1998 to 2006 This information was derived by a weighted sum of those components considered using none some or all for each year (a relative weighting of levels) This demonstrates an overall increase in use from 1998 to 2006 By 2006 use of performance indicators and benchmarks had increased for all components although there were variations between components With highest use for target and byproduct species components followed by bycatch TEPs and governance

Survey analysis and results 133

as a group then habitat and communityecosystems and then economic and social components

Use of performance indicators and benchmarks from 1998 to 2006

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By respondent A variation within and across all jurisdictions for both years was between research and management views on levels of use of performance indicators and benchmarks For example research considered none used and management considered some used or research considered some used and management considered all used

323 Levels of confidence in managing the environmental economic social and governance components under ESDEBFM principles An increasing level of confidence in managing the environmental economic social and governance components under ESDEBFM principles was reported from 1998 to 2006 as outlined in the figures below Overall in 1998 low to medium confidence predominated but by 2006 this had shifted to medium to high confidence However there was only medium confidence for the communityecosystems and social components For those components that reported high confidence the target species component as might be expected had the greatest level of confidence followed by byproduct species governance habitat bycatch and TEPs species and economic components

134

1998 levels of confidence in managing the components under ESDEBFM principles

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2006 levels of confidence in managing the components under ESDEBFM principles

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The figure below provides a comparison of levels of confidence in managing the components under ESDEBFM principles from 1998 to 2006 This information was derived by a weighted sum of those components considered low medium or high confidence for each year (a relative weighting of levels) This demonstrates the overall increase in levels of confidence from 1998 to 2006 By 2006 levels of confidence had increased for all components although there were variation in levels between components with least confidence for the communityecosystems and the social components

Survey analysis and results 135

Levels of confidence in managing the components under ESDEBFM principles from 1998 to 2006

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Comments on variations

By respondent A variation within and across all jurisdictions for both 1998 and 2006 was between research and management views on levels of confidence in managing the components under ESDEBFM principles For example research low confidence and management medium confidence and research medium confidence and management high confidence

Other comments

Overall confidence in managing environmental economic social and governance components has increased since 1998 However there are differences in levels of confidence between these components Generally by 2006 there was greater confidence in managing target species components followed by byproduct species governance bycatch species and TEPs habitat economics communitiesecosystems and social components

The habitat and communityecosystem components are taken into account in decision making but are more likely to be based on qualitative information Economic information is collected but approach and analysis in management decisions varies Much less information is collected and used for managing the social component There is confidence in the governance component but the development of performance indicators is considered difficult In general these differences related to the level of research and information available which tends to be associated with higher value fisheries which have the capacity ($) to collect such information

Other differences reported included perceived benchmark differences between trawl fisheries and other types of fisheries and that recreational fisheries are not managed or assessed on a regular basis

136

Commonwealth management considered there were no differences in the level of confidence they have in managing the various components under ESDEBFM principles which are generally consistent across major fisheries However there are differences in terms of the supporting data and amount of management focus that is applied across the minor fisheries

33 Section 3 Survey results The purpose of Section 3 was to establish status of fisheries management responses with regard to ESDEBFM within jurisdictions in 2006 The particular areas of interest are

1 Use of assessment and management tools 2 Usefulness of current ESDEBFM reporting frameworks 3 Issues of fitoverlapduplication between fishery policy initiatives bioregional

plans Commonwealth and State processes

331 Use of assessment and management tools Overall for all jurisdictions in 2006 the use of assessment and management tools is ranked in the table below (from most to least used)

Other management tools listed as under development or in use included the following

bull Development of codes of practice and conduct bull Development of co-management processes bull Fishery management plans and bull Formal sharing arrangements between commercial and recreational fisheries

Overall for all jurisdictions in 2006 the figure below outlines the use of assessment and management tools in managing components Highest use of assessment and management tools is for the target species component This is followed by the byproduct bycatch and TEPs species components where use is lower but at a similar level and next are the habitat communityecosystems and economic components as a group with least use of assessment and management tools for the social and governance components

Risk assessment

Qualitative assessment

ESD reporting framework

Quantitative assessment

Indicators

Benchmarks

EMS

Decision rules

Harvest strategies

9 9 8 7 7 5 5 4 2

Survey analysis and results 137

2006 assessment and managment tools used by component

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Commonwealth management further information

Ecological Risk Assessment (ERA) and Ecological Risk Management (ERM) together with Harvest Strategies are the main assessment and management tools that are being used to support our EBFM approach Other relevant tools include Bycatch Action Plans (BAPS) and stock assessments conducted for individual fish species AFMA seeks to involve key fishery stakeholders (including industry researchers NGOs etc) in a partnership approach to all aspects of assessment and management consistent with the principles of inclusiveness and transparency under ESD In addition to the direct assessment and management work undertaken by AFMA the BRS and ABARE undertake annual independent assessments of the status of Commonwealth fisheries stocks and economic performance (respectively) Independent strategic assessments of all Commonwealth managed fisheries (regardless of whether they have an export component or not) are also undertaken by the Department of Environment and Heritage (DEWHA) under the EPBC Act 1999 (Commonwealth)

332 Usefulness of current ESDEBFM reporting frameworks In 2006 the overall response from jurisdictions suggests that management and research consider their current ESDEBFM reporting framework to be very useful for fisheries management EPBC requirements but less so for regional marine planning (State) and not for regional marine planning (Commonwealth) In contrast the industry response considered current ESDEBFM reporting framework for fisheries management EPBC requirements regional marine planning (State) as only somewhat useful and regional marine planning (Commonwealth) not very useful

138

Component Fisheries management

EPBC requirements

Regional marine planning State

Regional marine planning Commonwealth

All jurisdictions

Very useful Very useful Somewhat Not very

Management Very useful Very useful Somewhat useful

Not very useful

Research Very useful Very useful Somewhat useful

Somewhat useful

Industry Somewhat useful

Somewhat useful

Somewhat useful

Not very useful

Recommendations

The recommendations for improving approaches to reporting frameworks for fisheries management EPBC requirements regional marine planning (State and Federal) can be categorised under reporting frameworks other reporting management tools the DEWHA process under EPBC Act and other shared stocks (collated from the survey)

Reporting frameworks bull A coordinated integrated and consistent approach that meets fisheries

management EPBC regional marine planning (State) and regional marine planning (Commonwealth) needs

bull Ensuring there is consistency in the reporting frameworks across jurisdictions will also become paramount as we move into a broader regional cross jurisdiction management focus These reporting frameworks do not need to be the same but need to be consistent so that they can inform each other to improve overall ecosystem management

bull Further efforts by DEWHA and AFMF in 2006 to align the requirements of Strategic Assessments with standard ESD reporting mechanisms are also very useful and should continue to be actively supported by all parties and

bull The ESD reporting framework developed and promoted under the FRDC ESD subprogram along with other initiatives in pursuit of EBFM have played a role in providing a common understanding across jurisdictions which has allowed some flexibility for jurisdictions to pursue different risk assessment methodologies etc (Commonwealth management)

Reporting

bull Better integration (indicators being reported on timing of reports) with State of Environment (SoE) reporting at various levels (national State and Regional Local Authority)

bull Better reporting of research outcomes in support of EPBC reporting process and bull Improved TEPs reporting

Survey analysis and results 139

Tools

bull Improved risk assessment for each fishery as part of EPBC reporting and marine planning process

DEWHA process under EPBC Act

bull Coordination and complementary reporting to prevent duplication Risk-based approach to improve efficiency For example no change since previous assessment therefore low risk therefore only low level reporting for EPBC Act Simplify and provide better examples ndash particularly for social and economic analysis and

bull Establish regular recreational assessments Improved risk assessment for each fishery as part of EPBC reporting and marine planning process Better reporting of research outcomes in support of EPBC reporting process Improved TEPs reporting due early 2007

Other (shared stocks)

bull Reporting for shared stocks across jurisdictions and bull Coordination would be the most useful approach Currently states and the

Commonwealth report separately on shared stocks and many use different approaches Many species are fished in different jurisdictions and have different management regimes depending on whether they have crossed a boundary between State to State or State to Commonwealth waters Currently there is no incentive to get people together In the late 80s early 90s there were sub-committees of the southeast fisheries that facilitated sector (egg abalone lobster etc) meeting to discuss collaborative arrangements

333 Issues of fitoverlapduplication between fishery policy initiatives bioregional plans Commonwealth and State processes

Issues

There are issues of fitoverlapduplication between fishery policy initiatives bioregional plans Commonwealth and State processes These are listed below (collated from the survey)

Fit

bull Better interaction and synchronization between fisheries management planning and review timetables and marine parks planning and zoning review including Commonwealth regional marine planning (QLD management)

bull Better integration of aquatic protected species management arrangements between jurisdictions (QLD management)

bull To date there is little evidence of any integration of fisheries and regional state marine planning and park processes (SA industry)

bull Poor integration of fisheries ESD research and management with regional marine planningMPAs (SA research) and

bull Ability to fit State processes with EPBC requirements (TAS management)

140

The fit of processes between states and Commonwealth fisheries EBFM initiatives and reporting frameworks has generally been streamlined effectively under the ESD framework Given the different management legislation policies and focus between the Commonwealth and states there is in many parts a variation in the emphasis placed on aspects of ESD (for example more direct emphasis by the states on social aspects compared to the Commonwealth) The variation in reporting frameworks for ESDEBFM results in a different lsquofitrsquo across the ecosystem Across all jurisdictions the reporting systems appear to vary in terms of the components it covers and where they apply to the same component the level of detail or rigor in the assessment and reporting While this variation arises due to the varying requirements of individual jurisdictions it only becomes an issue when attempting to compare reporting or when fisheries arrangements are being implemented in one jurisdiction but not in neighbouring jurisdictions Although we have some experience from the South East Marine Region it is yet to be seen how the different processes adopted by the various jurisdictions will fit together during the next stage of Bioregional Marine Planning which has commenced in all remaining Commonwealth waters around Australia (Commonwealth management)

Overlap

bull Within the NT there are overlaps between processes such as environmental approvals between EPA and ESD framework for aquaculture ventures This results in duplicate reporting requirements Both Commonwealth and State marine bioregional plans are being undertaken at the same time both will require industry involvement and duplication is expected to occur (NT industry)

bull Overlaps between State and Commonwealth planning processes (WA research) and

bull Overlap between marine planning and fisheries management processes (WA research)

Duplication

bull A fishery that is assessed as ecologically sustainable under the EPBC Act could have onerous restrictions placed on it when formulating bioregional plans ie closed areas to protect biodiversity This situation essentially means that the fishery undergoes a double assessment process Perhaps the real problem is not lsquoduplication of processes but rather a lack of acknowledgement of the DEWHA assessment in the planning process (NT management)

Other

bull Inadequate communication between the jurisdictions If there was more communication it would be easier to identify and discuss the issues (QLD research)

bull The reporting against Management Plan Performance Indicators covers much of the territory under EPBC Consistency of thought and objectives would be beneficial particularly when linking to MPA processes (SA management) and

bull MSC approval should lead to automatic EPBC Act approval for export accreditation Need to align ESD reporting (biological component) with EPBC

Survey analysis and results 141

Act approval Need to provide a solution in order to reduce the cost burden to stakeholders (VIC management)

Recommendations

Recommendations for streamlining processes and reducing duplication can be categorised under legislation planning reporting DEWHA process under the EPBC Act and other

Legislation

bull Consistency between Fisheries legislation and Commonwealth legislation along with clearly defined ESD processes A single document such as an EMS should be able to be used for all processes and adequately cover all relevant issues (NT industry) and

bull Better linkagesintegration of legislation administration and research (SA research)

Planning

bull Regional planning should be consistent with endorsement of management arrangements under the EPBC Act as well as being consistent with localstate sustainable management practices (NT management)

Reporting

bull Annual fishery status reporting to meet requirements for SoE reporting as well as DEWHA EPBC assessment requirements and closer alignment of fisheries performance indicators with revised SoE indicators (QLD management)

DEWHA process under the EPBC Act

bull Fisheries management processes must be opened up to include State or Commonwealth environment agencies so they better understand fisheries control and the benefits of current management arrangements These processes are exclusive of each other at present and a truly integrated process must occur to minimise fishery impacts and costs There needs to be improved information to the EPBC so it understands the ecosystem interactions where they exist (SA industry)

bull EPBC legislation shouldnt be used to manage fisheries Second assessments should be a refinement of the first round not a reinvention of them (SA management) and

bull Further efforts by DEWHA and AFMF in 2006 to align the requirements of Strategic Assessments with standard ESD reporting mechanisms are very useful and should continue to be actively supported by all parties (Commonwealth management)

Other

bull A National forum for ESDEBFM would bring together the people working in this discipline streamlining communication identify gaps and overlap (QLD research)

142

bull Invest in regional sub-committees that cover the entire ecosystem or species range (TAS research) and

bull Set outcome based objectives first complete risk analysis against those objectives then develop strategies to meet objectives against risk ie do not start with a strategy (MPAs) and then look to find the objective (WA research)

34 Section 4 survey results The purpose of Section 4 was to identify what needs further development over the next six years from 2006 to 2012 in order to better implement ESDEBFM The focus was on

bull The key issueschallenges for implementation of ESDEBFM (environmental economic social governance)

bull What management and assessment tools will need to be available and in routine use by 2012 (environmental economic social governance)

bull Possible bottlenecks for successful implementation of ESDEBFM bull Cost implications of implementing ESDEBFM for fisheries (both time and $)

and bull The data analysis research and decision support needs to properly implement

ESDEBFM

341 The key issueschallenges for implementation of ESDEBFM (environmental economic social governance) The key issueschallenges for implementation of ESDEBFM for the environmental economic social and governance components and other important points (collated from the survey) are outlined below

bull Environmental data and information needs regarding target byproduct bycatch and TEP species habitat and community components and further research for understanding the interactions between them

bull Economic identify economic issuesimpacts requiring management data collection and analysis for the development of useful management objectives performance indicators benchmarks and monitoring

bull Social identify social issuesimpacts that need to be considered data collection and analysis for development of meaningful management objectives indicators benchmarks and monitoring and

bull Governance resources for rationalisation and streamlining of governance arrangements and processes to support management and compliance and to also ensure that the environmental economic and social components can be managed effectively within Australia

Other important challenges and points

bull Recognitionof the differences between large high value fisheries and smaller lower value fisheries The identification of differing needs and relative levels of complexity risks and impacts different fisheries pose

bull Balance between the varied environmental economic social and governance objectives

Survey analysis and results 143

bull Regional assessments that integrate across all fishing activities and can link to the broader marine planning activities

bull How to accommodate different stakeholder perspectives and achieve equitable funding and resource allocation to meet the different needs

bull All fishery sectors to be considered and bull Improved understanding of the risks associated with issues external to the

standard biological approach for the target species (eg globalisation fuel climate change etc) is needed

342 What management and assessment tools will need to be available and in routine use by 2012 (environmental economic social governance) The management and assessment tools needed to be available and in routine use by 2012 for the environmental economic social governance components (collated from the survey) are as follows

Environmental

bull Cost effective environmental indicators bull Routine monitoring of target species and key habitats and ecosystem indicators bull A program for monitoring environmental changes and linking these with fishery

performance indicators bull Qualitative and quantitative models that capture some of the behaviour of the

system and use a range of data sources Also need long-term data sets from which to understand change and the processes that underpin observed patterns

bull Risk assessments quantitative studies identification of indicators performance measures and reference pointslimits (ie decision rules) and review of triggers

bull Effective methodology and supporting data to assess and manage the ecological risks associated with marine biological communities

bull Effective methodology and supporting data to take current risk assessments for species from relative risk to a better understanding of absolute (or actual) risk and

bull Effective and complementary cross jurisdictional risk assessment methodology and management for species found across fisheries (ie cumulative impact)

Economic

bull Economic data to reflect full picture (ie flow on costs employment in other sectors and final value of product at the restaurant)

bull A key suite of economic indicators and key aspects for the successful implementation of EBFM

bull Tools that allow economic assessment of complex fisheries ecosystems (recreational + commercial + indigenous + lsquoconservationrsquo)

bull Economic assessment techniques which are efficient and robust bull More effective economic assessment economic risk assessment and analysis

and economic management tools that can be applied consistently across all fisheries (and across different jurisdictions) and

bull Regular economic status reports showing the economic status of each of AFMArsquos fisheries

144

Social

bull Tools for comparing the value of fisheries resources across the commercial and recreational sectors to support objective policy decisions regarding resource allocation

bull Development of a uniform tool to measure social impacts during change bull National social impact assessment tools and bull Social risk assessment and evaluation

Governance

bull Adequate reporting bull Benchmarks for ESD bull Harvesting strategies implemented in the major fisheries bull Difficulties at present are related to habitat and community components and

social impacts Need useful tools in these areas that relate to fisheries management

bull EMS for all major fisheries and recognition of these tools by government as a key management tool

bull Frameworks for managing fisheries in the context of increasing allocation shifts (commercial recreational conservation and indigenous) and external impacts including climate change and IUU fishing scenarios and

bull Review of the OCS arrangements that can effectively deal with all key species and allow them to be managed on an EBFM basis

Other important points regarding management and assessment tools

bull A range of assessment tools are required for fisheries and consideration of the varied levels of available information and research undertaken for the different fisheries

bull Simplified management strategy evaluation tools for use by fishery managers bull Performance indicators for all objectives and mechanism for ensuring balance

between objectives bull Regular recreational surveys bull Improved decision making models to ensure an open and transparent decision

making process bull Tools to address the cumulative impacts for bioregional planning bull Cost effective assessments that can report on the status of ecosystems at a

regional level Management systems to more efficiently reallocate resource access

bull Qualitative models that can simply integrate across all elements of ESD to provide advice on marine resource management and allocation issues and

bull Risk assessments quantitative studies identification of indicators performance measures and reference pointslimits (ie decision rules) economic social and governance probably have similar requirements

Survey analysis and results 145

343 Possible bottlenecks for successful implementation of ESDEBFM A number of possible bottlenecks were identified which are likely to affect the successful implementation of ESDEBFM These are categorised under the following headings funding and associated costs resources and people governancemanagement systems and the EBFM framework and datainformationresearch needs These bottlenecks (collated from the survery) are outlined below

Funding and associated costs

bull Lack of government funding and expectation on industry to pay (with current industry members investing for effects which may not be seen for future users)

bull Increased costs capacity to pay and willingness of governments to recover costs from all industry sectors especially for low value commercial and recreational fisheries

bull Lack of government funding for the co-management processes bull Lack of government funding for regular recreational management monitoring

and compliance bull Lack of government funding for core research bull Cost of research given government mandated research provider bull Industry reluctancelack of support in the cost recovery climate and bull Funding and political support to generate the necessary data tools and

management processes to further develop EBFM

Resources and people

bull The lack of staff working in the field may inhibit implementationinnovation bull Insufficient capacity amongst fishery managers bull Time and energy to focus all the right people into implementing the systems

already developed (ie people are already busy and it is hard to get all the required people to focus long enough to get real progress) ndash gaining momentum and urgency to change

bull Change fatigue in fisheries ndash there has been a lot of management change in recent years in all jurisdictions and stakeholders may be resistant to further change or lack the motivation to make EBFM a continuing priority or be unable to fund the necessary changes given the economic state of many fisheries and

bull High expectations placed on industry by stakeholders in regard to various impacts

Governancemanagement systems and the EBFM framework

bull Poor legislation and policy bull Lack clear allocation and shares between fisheries sectors bull Mismatch in the spatial and temporal scales at which environmental economic

social and governance systems operate and are measured bull Challenges of interjurisdictional (including international) collaborative fisheries

ecosystem-based management and assessment of shared stocks bull Separation of marine planning and fisheriesaquaculture ESD administration and

research

146

bull Recognition of the EBFM process as the framework for fishery management planning

bull Lack of understanding of the key frameworks by fisheries management staff local interpretations affect the consistency of processes

bull Documentation of policy development and performance measures for all areas of EBFM Realistic indicators for ecosystem performance

bull The major bottleneck is the lack of vision by most managers whose backgrounds are primarily biological rather than multi-disciplinary

bull The governance structures both within and across departments agencies and jurisdictions clarity on the scope and objectivesoutcomes to be achieved ndash particularly at whole of government level and

bull Jurisdictional differences in implementing EBFM particularly when implementing different levels of action on the samesimilar species habitats or communities

Datainformationresearch needs

bull Developing acceptable reference points for interactions with TEP species and gaining public confidence in data collected from the fishery

bull Lack of information and need for quantitative studies to fill gaps in information feeding into risk assessments Quantitative studies to determine indicators and performance measures

bull The need for clarity of terminology as the terms ESD and EBFM are now often being used interchangeably This may lead to some confusion particularly with fisheries stakeholders and it would be useful to get an agreed understanding of this terminology across jurisdictions

bull An understanding of the importance of a multi-disciplinary approach that includes economic and social research in addition to environmental In the environmental area there is a need for a greater understanding of physical as well as biological processes and

bull Good social and economic data

344 Cost implications of implementing ESDEBFM for fisheries (both time and money)

A range of time and cost ($) implications were identified regarding implementing ESDEBFM for fisheries which affect research management and industry (collated from the survey)

Research

bull Researchers have insufficient resources to achieve their current workload let alone take on additional tasks of ESDEBFM researchanalysis and reporting The demand for traditional single species assessment advice remains We either need more staff less tasks simplified processes and innovation to better involve researchers in other disciplines

bull To develop appropriate multi-disciplinary teams in many of the agencies and institutes there needs to be an injection of capital for employment or a re-direction if resources are to be moved away from biological towards social and

Survey analysis and results 147

economic components It is unlikely that this can be achieved within the various state agencies and universities due to their small size Amalgamation of groups needs to be achieved with certain groups focused on the different aspects of ESDEBFM across all jurisdictions That is each stateuniversity is unlikely to have its own fisheries economist oceanographer sociologist etc There needs to be incentives for bringing different disciplines together even within the environmental arena such as physical (oceanography and habitat) as well as biological

bull Research costs associated with improving knowledge of ecosystem function to allow comprehensive quantitative risk assessment in complex multispecies fisheries

bull Suggest EBFM costs two to three times the cost of a basic single species stock assessment and

bull It has to be done without raising the overall level of resources required beyond about 10-15 Again getting over the initial hurdle of initiating these systems the start up costs are always more than the ongoing costs

Management

bull Example full time equivalent fisheries manager ndash $85 000 per annum 15 x full time equivalent research scientist ndash $135 000 per annum 15 x full time equivalent research technician ndash $90 000 per annum 10 x full time equivalent returns officer ndash $50 000 per annum approximately $150 000 ndash $200 000 per annum in operational costs to facilitate additional monitoring and generation of information

bull Increased management and monitoring costs Capacity to recover increased management and assessment costs from recreational fishers and non-extractive users of the resources Higher costs associated with undertaking more lsquoquantitativersquo risk assessments techniques

bull Full cost recovery basis from industry so require the most efficient process which implies that the Commonwealth and State processes should link and integrate

bull First round of EPBC assessments were very costly bull We have a set amount of money with which we must do the job This process

takes a lot of time to develop consult and implement thus takes time and money We are struggling to get precise assessments for key target species never mind all those other areas (bycatch TEP habitat ecosystem social economic governance) and

bull AFMA has invested over $15m (in direct attributable costs) in establishing the Ecological Risk Assement project since the year 2000 In addition to these direct costs there are substantial additional costs in terms of AFMA staff researchers industry MACs and Research Assessment Groups (RAGs) and other stakeholders for their time and energy

Industry

bull The move to EBFM comes at significant cost to government and industry and requires ongoing commitment to continual improvement However any discussion of the costs of taking an EBFM approach should be compared to the

148

costs to the marine environment and to our fisheries in not taking an EBFM approach Part of the problem is that the costs are incurred now (ie immediately) but the benefits will not be immediately recognisable (ie there is a time lag between investment and seeing the benefits)

bull Government has not put in the required resources Much responsibility and costs are placed on the industry of today when the benefits may not be seen for years to come

bull Failure to implement is driven by lack of government investment in all key areas of the framework Commercial industry is the only sector that contributes to management research and compliance on a cost recovery basis and

bull Significant costs and considered unaffordable by some industry members in the current climate of cost recovery

345 The data analysis research and decision support needs to properly implement ESDEBFM To properly implement ESDEBFM the following data analysis research and decision support requirements were identified (collated from the survey)

Data

bull Increased spatial detail and the greater detail required in terms of byproduct and bycatch corresponding to an increase in the amount of data to be collected and collated

bull Ecosystem models linkages between ecosystem components requiresdata inputs bull Improved knowledge of basic biology to support quantitative ecological

assessment tools bull Improved social and economic data for extractive and non-extractive users of

the resource bull Standardising and ensuring base level data collection among jurisdictions to

allow comprehensive assessments of ecosystems associated with shared stocks bull Integrated spatial databases ndash all ecological data including fisheries dedicated

research programs to address information needs data-based risk assessment and decision rules

bull Data across a broad range of disciplines as well as longer-term data series bull Develop databases that can handle the different data types (social economic

qualitative visual (video) as well as larger data sets bull There will be an increased need for higher resolution spatial and temporal data

All this will require improved data management and data sharing bull Need data on all components of the marine environment economics and social

aspects This needs to be both fishery related information and ideally fishery independent environmental data to allow for accurate determination of the level of impact

bull Habitat and ecological community data collection and mapping bull Consistency in the collection of data across purposes and jurisdictions is

required to allow information to be brought together when required to get a better regional perspective particularly in relation to assessing cross jurisdictional cumulative impacts and for marine bioregional planning

bull Need quantitative information to underpin the determination of indicators limit and reference points

Survey analysis and results 149

bull Effective methodology and supporting data to assess and manage the ecological risks associated with marine biological communities and

bull Focus on innovative ways of incorporating data across disciplines Research will also need to provide monitoring technology at an affordable price This may require increased collaborations with Industry There will be increasing pressure placed on marine resources if the projected demands for fish increase Marginally harvested species will become economical and previously uneconomical species may also become economical Ecosystems that have adjusted to target species removal will now be faced with removals of species that have not been targeted previously As a small producer of seafood (kgarea of coastline or continental shelf) and the remote location Australia will be faced with increasing costs if the energy crisis eventuates High priced niche products will be important and complying with accreditation schemes The latter will be reliant on demonstrating ecosystem sustainability To do so there will need to be greater effort directed towards more vulnerable species While many of these are bycatch with minimal to no biological knowledge there will need to be improved ways of gathering data on such species

Analysis

bull Requirement for increased spatial detail corresponding to an increase in the complexity of the spatial analysis and the number of species considered

bull Regular ecological social and economic risk assessments using existing tools and refining tools where appropriate

bull Analysis of recreational participation and catch on a regular basis bull Assessment of size of populations of all TEPs bull New and novel approaches to data analysis will be required to develop decision

support mechanisms that in turn support ESD requirements bull Analysis of quantitative data for risk assessment and bull Further develop the ERA methodology to assess absolute (actual) risks from

fishing rather than relative risks cumulative impacts and ecological communities

Research

bull Research and monitoring to be conducted in a more spatially complex environment and a greater emphasis on the finer detail of the behaviour of the fishers and the impacts on additional elements of the ecosystem in addition to that of the target species

bull Spatial and temporal understanding of some key species that are now not taken over abroad area by commercial fishers due to closures and management changes

bull Filling information gaps needed for risk assessment and determination of indicators

bull Improved TEPs monitoring regime bull Better developed performance indicators that are able to take account of

variability of populations beyond fishing impacts bull More validation of the linkages between ecosystem components

150

bull Further development and acceptance by other quantitative scientists of the outcomes of ecosystem modelling techniques (including predictive tools)

bull Research and development of low cost rapid assessment tools for resource assessments in low value data poor fisheries

bull Understanding recreational patterns and behaviour re bycatch and catch and release impacts

bull Co investment by State Government in key environmental and ecosystem research as part of FRDC process

bull Basic research on understanding ecological relationships between target species and associated speciesenvironment Process studies on trophic and energynutrient linkages in the ecosystem Studies to provide information for ecosystem modelling together with the further development and refinement of ecosystem models

bull The development of frameworks and policy in line with strategic directions and supported by research and

bull Further understanding of marine ecosystems and linkages between the various components

Decision support

bull Revised fishery models that better reflect fishery status bull Management strategy evaluation tools framed in the context of ESDEBFM

They need to weight the achievement of particular objectives against the relative importance of each objective and the quality of the information against which the objective is measured

bull Better risk based systems for management decision making specific commercial and recreational allocations with appropriate monitoring a commitment to use the triple bottom line approach to decision making commitment by governments not to interfere in the management process and skew resource shares better understanding and use of performance indicators and better decision making models and

bull Specific decision support needs will be identified through the process of establishing better data to support EBFM

Other important points

bull One size does not fit all as this is dependent on each fishery There is varying levels of risk and certainty A range of tools are required

bull A practical conceptual framework for regional level ESD ndash EBFM development of cost effective bioregional level assessments of the status of community structure Cost effective ongoing general biodiversity and habitat monitoring program Establishment of indicator sites for monitoring climate shifts Ecosystem modelling of specific high risk or priority regions Develop costs effective methods for monitoring the catch of the non commercial sector Assessment of the socio economic outcomes of current and proposed resource allocation decisions and

bull There are increasing demands and pressures on the available resources for fisheries management while the needs of the environment and government demands are continuing to escalate A clear focus on efficiency and cost

Survey analysis and results 151

effectiveness will be key drivers in prioritising what will be possible to pursue in ESDEBFM with limited future funding for data analysis and research

35 Section 5 Survey results The purpose of Section 5 was to provide an opportunity for recommendations and any other comments regarding ESDEBFM across all jurisdictions

351 Recommendations to better achieve ESDEBFM for fisheries in Australia

Recommendations can be categorised by those issues dealt with under other questions in previous Sections 2 3 and 4 and those considered as new issues (collated from the survey)

Those issues dealt with under other questions

bull Benchmarks must be established bull Greater budget and resources bull Simplify the reporting processes bull Better recognition of and an agreed framework for use by all jurisdictions and

agencies (fisheries and environment) Local variations that do not address all of the framework or vary the model leave industry susceptible to other interventions from other jurisdictions or agencies

bull Linked objectives between the environment and fisheries portfolios so we can shoot for the same thing This implies a more rational (and realistic) approach to marine environmental objectives

bull ESDEBFM requires a greater commitment to the collection of quantitative ecosystem data Governments need to be prepared to increase levels of funding for research and development for ESDEBFM to be adequately implemented and

bull OCS reform to better integrate management of fisheries eg Bass Strait scallop fisheries

New issues

bull Continue national forums to facilitate discussion of jurisdictional approaches to implementing EBFM Greater engagement of industry leaders stakeholder representatives in these meetings

bull Full implementation of existing legislation Require all fisheries to comply with legislation Dont issue permitsexemptions to clearly non-compliant fisheries Apply same standards to domestic and export fisheries Community component of FRDC funding should be directed more explicitly to addressing ESD issues Industry component (1+1) only for industry priorities

bull Despite having considerable expertise located around Australia there is still a very fragmented poorly collaborating body For research the environment is still one of competition rather than collaboration Despite attempts (eg FRDC subprograms) there are few examples where the social economic and

152

environmental disciplines are coming together to focus on fisheries issues There are also few examples where the physical and biological disciplines within the environmental area get together The authorrsquos recommendation would be for broader committees tasked with implementing ESD to be established across a range of sectors (eg all trawl fisheries all lobster fisheries all abalone fisheries)

bull This must be seen as the way management is done ndash not as additional processes It must be recognised that ESD and EAFM are specific versions of risk based management processes While the basic EAFM approach is the same for all fisheries the precise methods used for undertaking each of these steps needs to vary according to the situation that is being addressed This includes recognising the level of sophistication in management arrangements and processes that are available the complexity of the problems that are being addressed the level of information available and the level of formal education of those involved What can be appropriate in the assessment of a highly industrial fishery will almost certainly be inappropriate when trying to assess a small fishery in a remote community There is therefore a need for a suite of tools that can be applied in the appropriate situation and

bull To better implement EBFM across Australian Fisheries there needs to be clarity about what EBFM is and how it is to be applied effectively across all jurisdictions Without this there will be varying implementation of EBFM which will create tension between the sectors and may result in the efforts undertaken in one jurisdiction being ineffective due to the under-implementation in another jurisdiction Having consistency in approaches will also assist Australia in reporting efforts internationally where all efforts can be aggregated

352 Other comments concerns issues or suggestions concerning the implementation of ESDEBFM

Responses can be categorised by those issues dealt with under other questions in previous Sections 2 3 and 4 and those considered as new issues (collated from the survey)

Those issues dealt with under other questions

bull There is sometimes a conflict of interest and abuse of the process to drive certain stakeholders agenda The Commonwealth process is currently driving fisheries management Management should be driven from a State Government level

bull Community component of FRDC funding should be directed more explicitly to addressing ESD issues

bull The framework is still not used as the agreed template for all agencies and jurisdictions State and Commonwealth management plans must be developed to match expectations form EPDC and the EBFM framework should be the standard

bull It needs to be realistic ndash so many processes are underway that impose requirements on managing authorities they may just get left behind with no capacity to go forward

Survey analysis and results 153

bull At present there is a high reliance on risk assessments but these are often based on poor data and knowledge gaps leading to largely subjective assessments The outcomes of these assessments are therefore unreliable An increased commitment needs to be made to providing the ecosystem data necessary for informed assessments to be undertaken and

bull The implementation of ESDEBFM is a worthwhile and necessary direction to take within fisheries management However implementation comes at considerable expense and requires a large amount of resources in order to be implemented in a timely and effective manner There is also the additional problem of ensuring compliance of a fishery with the principles of ESDEBFM Furthermore many small scale or low impact fisheries can often be faced with onerous requirements placed on the fishery Invariably these small scale fisheries are lowly resourced and it is difficult to justify the cost of these restrictions when the net benefits to the fishery are analysed Essentially this situation is not cost effective for small scale fisheries particularly when these small fisheries are low impacting (as is the general case in the NT)

New issues

bull This survey needs to be combined with the DPI management response Given the potential length of the survey 12 questions requiring up to 5000 characters or 24 A4pages of text in addition to the multiple choice and the need to collect this information from four to six different groups across the organisation An onsite half day workshop would most probably produce a superior result and response given the face to face interaction with the project interviewer

bull Ecosystems do not follow jurisdictional boundaries A recurrent National forum to resolve ESDEBFM across multiple jurisdictions would be useful

bull Challenge of integration incorporation at various levels of EBFM as it develops and is implemented by fisheries agencies into developing national resource management and coastal zone management frameworks

bull More effort into training re EBFM and ESD assessment techniques both at tertiary level and for current fisheries managerspeak bodiesadvisory bodies

bull Many of the difficulties experienced with implementing EAFM appear to result from a mixture of myth fear and unrealistic expectations about what is needed for this process This produces a situation where it can seem much too difficult to begin These concepts are not just an excuse for undertaking more detailed research They can be started with whatever level of information is available with any additional work being determined by what is really needed rather than simply what is possible The lack of good governance arrangements not the lack of ecological data has been the most commonly identified high risk issue and

bull Australia is currently well placed internationally to not only be talking about EBFM but also to demonstrate that Australia is developing the necessary tools and actively implementing measures to support EBFM in practice

154

REFERENCES

Allison GW Lubchenco J and Carr MH (1998) Marine Reserves are Necessary but not Sufficient for Marine Conservation Ecological Applications 8 (1) Supplement s79-s92

Arce R and Gullon N (2000) The application of Strategic Environmental Assessment to sustainability assessment of infrastructure development Environmental Impact Assessment Review 20 (2000) 393-402

Baker M Bett B Billett D and Rogers (2001) A ldquoThe status of natural resources on the high seasrdquo in The status of natural resources on the high-seas WWFIUCN Gland Switzerland

Bergman M (2005) Risks and decisions for conservation and environmental management Cambridge University Press Cambridge UK

Butterworth DS and Punt AE (1999) Experiences in the evaluation and implementation of management procedures ICES Journal of Marine Science 56 985ndash998

Charles A (2001) Sustainable Fishery Systems Blackwell Science Oxford

Christensen V and Walters C (2004) Ecopath with Ecosim methods capabilities and limitations Ecological Modelling 172 109-139

Christennsen N Bartuska A Brown J Carpenter S DrsquoAntonio C Francis R Franklin J MacMahon J Noss R Parsons D Peterson C Turner M and Woodmansee R (1996) The Report of the Ecological society of America Committee on the Scientific Basis for Ecosystem Management Ecological Indicators 63665-691

Cochrane L (2002) Fisheries management in A fishery managerrsquos guidebook management measures and their application Edited Cochrane K Fisheries Technical Paper No 424 FAO Rome

Cochrane KL Butterworth DS De Oliveria JAA and Roel BA (1998) Management procedures in a fishery based on highly variable stocks and with conflicting objectives experiences in the South African pelagic fishery Reviews in Fish Biology and Fisheries 8 177ndash214

Commonwealth of Australia (1992a) National Strategy for Ecologically Sustainable Development (NSESD) Prepared by the Ecologically Sustainable Development Steering Committee Endorsed by the Council of Australian Governments December 1992 Australian Govt Pub Service Canberra lthttpwwwenvironmentgovauesdnationalnsesdstrategyindexhtmlgt

Commonwealth of Australia (2006) EPBC Act policy statement 11significant Imapct Guidelines Commonwealth of Australia Canberra

Dahl A(2000)Using indicators to measure sustainability recent methodological and conceptual development Marine and Freshwater Resources 51427-433

References 155

De la Mare WK (1996) Some recent developments in the management of marine living resources In Floyd RB Shepherd AW and De Barro PJ (eds) Frontiers of Population Ecology CSIRO Publishing Melbourne Australia pp 599ndash616

Deere C (1999) Ecolabellin and Sustainable Fisheries IUCN Washington DC and FAO Rome

Dyoulgerov M(2000) Global legal instrument on the marine environemtn at the year 2000 In Seas at the Millennium an environmental evaluation Edited by C Sheppard Elsevier Science place

(EPAP) Ecosystem Principles Advisory Panel (1999) Ecosystem-based Fishery Management A report to Congress by the EPAP National Marine Fisheries Services Silver spring Maryland

Fletcher WJ (2006) Frameworks for managing marine resources using ecosystem approaches how do they fit together and can they be useful Bulletin of Marine Science

Food and Agriculture Organisation (FAO 1999) Indicators for sustainable development of marine capture fisheries FAO Technical Guidelines for Responsible Fisheries No 8 FAO Rome

Food and Agriculture Organisation (FAO 2003) Fisheries management the ecosystem approach to fisheries FAO Technical Guidelines for responsible fisheries No4 Supplement 2 FAO Rome

Fulton EA Fuller M Smith ADM and Punt AE (2004) Ecological Indicators of the Ecosystem Effects of Fishing Final Report Australian Fisheries Management Authority Report R991546

Fulton E A Smith A D M and Smith D C (2007) Alternative Management Strategies for Southeast Australian Commonwealth Fisheries Stage 2 Quantitative Management Strategy Evaluation Report to Australian Fisheries Management Authority Garcia S Zerbi A Aliamem C and Lasserre G (2003) The Ecosystem Approach to Fisheries issues terminology principles intuitional foundations implementation and outlook FAO Fisheries Technical Paper 443 FAO Rome

Gilpin A(1995) Environmental Impact Assessment cutting edge for the twenty-first Century Cambridge University Press Melbourne Gislason H Sinclair M Sainsbury K and OrsquoBoyle R (2000) Symposium overview incorporating ecosystem objectives within fisheries management ICES Journal of Marine Science 57468-475

156

Gooday P (2002) Fisheries Subsidies ABARE Report to the fisheries Resources Research fund Canberra

Gray J (1997) Marine biodiversity patterns threats and conservation needs GESAMP Reports and studies No 62 International Maritime organisation London

Gray R Fulton EA Little LR and Scott R (2006) Operating model specification within an agent based framework North West Shelf Joint Environmental Management Study Technical Report Vol 16 CSIRO

Griffis R and Kimball K (1996) Ecosystem Approaches to Coastal and Ocean Stewardship Ecological Applications 63708-711

Grumbine R E (March 1994) What is ecosystem management Conservation Biology Volume 8 No1 pgs 27-38

Harvey N (1998) Environmental Impact Assessment procedures practices and prospects Oxford University Press Melbourne Holmlund C and Hammer M (1999) Ecosystem services generated by fish populations Ecological Economics 29253-268

Hughes JMR and Goodall B (1992) Marine Pollution In Environmental Issues in the 1990s (AM Mannion and SR Bowlby eds) pp 97-114 John Wiley and Sons New York

Hundloe T (2002) Valuing fisheries an economic framework University of Queensland Press St Lucia Queensland Australia

International Institute for Sustainable Development (IISD) (1996) Global Green Standards ISO 14000 and sustainable development IISD Canada

Kimball LA (2001) Intergovernmental Ocean Governance using international law and organisations to manage marine resources sustainably IUCN SwitzerlandC6

Kirkwood and Agnew (2004) pg 9

Mace P (1996) Keynote presentation in Developing and Sustaining World Fisheries Resources the state of science and management Editors DA Hancock D C Smith A

Link JS (2005) Translating ecosystem indicators into decision criteria ICES Journal of Marine Science 62 569 ndash 576

McKay B Mulvaney K and Thorne-Miller B (August 1999) Danger at Sea our changing Ocean USA Seaweb httpseaweborgresourcesdanger

Mangel M Talbot L Meffe G Agardy T Alverson D Barlow J Botkin D Budowski G Clark T Cooke J Crozier R Dayton P Elder D Fowler C Funtowicz S Giske J Hofman R Holt S Kellert S Kimball L Ludgwig D Magnusson K Malayang B Mann C Norse E Northridge S Perrin W Perrings C Norse E Northridge S Perrin W Perrings C Peterman R Rabb G Regier H Reynolds J Sherman K Sissenwine M Smith T Starfield A Taylor R Tillman M Toft C Twiss J Wilen J and Young T (1996) Principles for the conservation of wild living resources Ecological Applications 6 (2)338-362

References 157

Marine and Coastal Community Network (MCCN) Survey on the EPBC Act Fisheries Strategic Assessments 2006 WAVES 121

Metzner and Rawlinson (1998) fisheries Structural adjustment towards a national framework Prepared for management committee standing committee for fisheries and aquaculture Australia Fisheries Victoria Department of Natural Resources and Environment Department of Primary Industries and Energy Canberra

Murawski S (2000) Definitions of overfishing from an ecosystem perspective ICES Journal of Science 57649-658

Noble Bram F (2000) Strengthening EAI through adaptive management a systems perspective Environmental Impact Assessment Review 20 (2000) 97-11

Pascoe S Kirkley J Greoval D and Morrison-Paul C (2004) Measuring and assessing capacity in fisheries issues and methods FAO fisheries Technical Paper No433

Pauly D Watson R and Christensen V (2003) Ecological geography as a framework for a transition towards responsible fishing in Responsible fisheries in the marine ecosystem eds Sinclair M and Valdimarsson FOA of the

Pikitch E Santora C BabcockE Bakun A Bonfil R Conover D Dayton P Doukakis P Fluharty D Heneman B Houde E Link J Livingston P Mangel M McAllister M Pope J and Sainsbury K (2004) Ecosystem-based fishery management Science 305 346-347

Reid D (1995) Sustainable Development an introductory guide Earthscan Publications London

Rothlisberg P and Okey T (eds) (2006) Variation in banana prawn catches at Weipa a comprehensive regional study Fisheries Develeopment Research Corporation final report 2004024 CSIRO Marine and Atmospheric Research Cleveland

Sainsbury K Haward M Kriwoken L Tsamenyi M and Ward T (1997) Multiple Use Management in the Australian Marine Environment Principles Definitions and Elements Issues Paper 1 A Report commissioned by Environment Australia June 1997 Department of the Environment Canberra Australia

Sainsbury KJ Punt AE and Smith ADM (2000) Design of operational management strategies for achieving fishery ecosystem objectives ICES Journal of Marine Science 57 731ndash741

Seafood Services Australia (2005) The seafood EMS chooser 2nd edition Seafood Services Australia Ltd QLD Australia Seijo J and Caddy J (2000) Uncertainty in bio-economic reference points and indicators of marine fisheries Marine Freshwater Research 51477-483

158

Sinclair M Arnason R Csirke J Karnicki Z Sigurjonsson J Skjoldal R and Valdimarsson G (2002) Responsible fisheries in marine ecosystems Fisheries Research 58255-265

Sissenwine M and Mace P (2001) Governance for Responsible Fisheries an ecosystem approach In Responsible Fisheries in the Marine Ecosystem (Eds Sinclair M and Valdimarsson G) FAO and CABI Publishing London

Stefansson G (2003) Multi-species and ecosystem models in a management context In Responsible Fishereris in the Marine Ecosystem (Eds Sinclair M and Valdimarsson G) FAO and CABI Publishing London

Suchanek TH (1993) Oil impacts on marine invertebrate populations and communities AmerZool 33510-523

Suchanek TH (1994) Temperate coastal marine communities Biodiversity and threats Amer Zool 34100-114

Sumaila R Guenette S Alder J and Chuenpagdee R (2000) Addressing ecosystem effects of fishing using marine protected areas ICES Journal of Marine Science 57752-760 Tsamenyi M and McIlgorm A (1999) International environmental Instruments their effect on the fishing industry (Second Edition) The report of the FRDC (Fisheries Research and Development Corporation ) project 97149 Dominion Consulting Pty Ltd NSW Australia (C6)

Walters C Christensen V and Pauly D (1997) Structuring dynamic models of exploited ecosystems from trophic mass-balance assessments Reviews in Fish Biology and Fisheries 7 139-172

World Commission on Environment and Development (WECD 1987) Our common future

WWF (June 2002) Policy Proposals and Operational Guidance for Ecosystem-Based Management of Marine Capture Fisheries Compiled by Trevor Ward University of Western Australia Perth Diane Tarte and Eddie Hegerl Marine Policy Advisors Brisbane and Katherine Short WWF Australia Sydney World Wide Fund for Nature Australia

Appendix A 159

APPENDIX A REVIEW OF THE STRATEGIC ASSESSMENT SUBMISSIONS AND MANAGEMENT APPROACHES BY

FISHERIES AGENCIES

EPBC The structure of the Act The Act provides that certain actions ndash in particular actions which are likely to have a significant impact on a matter of national environmental significance ndash are subject to a rigorous assessment and approval process The Commonwealth may through bilateral agreements delegate to the states the responsibility for conducting assessments and in limited circumstances the responsibility for deciding whether to grant approval

Biodiversity conservation The Act contains an extensive regime for the conservation of biodiversity including provisions dealing with

bull The identification and monitoring of biodiversity and the preparation of bioregional plans

bull The listing of nationally threatened species and ecological communities migratory species and marine species

bull The preparation of national recovery plans and wildlife conservation plans for listed species and additional protection for listed species in Commonwealth areas

bull The identification of key threatening processes and the preparation of threat abatement plans for such processes

bull The establishment of the Australian Whale Sanctuary in Australiarsquos exclusive economic zone

bull Access to biological resources on Commonwealth areas bull Invasive species bull Voluntary conservation agreements which may cover environmentally

significant private land including indigenous land and bull The protection and management of protected areas including Commonwealth

reserves (national parks) World Heritage properties Ramsar wetlands and Biosphere reserves

Enforcement and administration The enforcement and administration provisions cover

bull The establishment of Advisory Committees including the Biological Diversity Advisory Committee the Indigenous Advisory Committee and the Threatened Species Scientific Committee

bull A requirement for Commonwealth agencies to report annually on their implementation of ecologically sustainable development

bull The preparation of State of the Environment Reports bull Environment audits and conservation orders

160

bull The liability of corporate executive officers and bull Powers to remedy environmental damage caused by a contravention of the Act

Environmental assessment and approval A person must not take an action that has will have or is likely to have a significant impact on a matter of national environmental significance An action includes a project development undertaking or an activity or series of activities The matters of national environmental significance identified in the Act as triggers for the Commonwealth assessment and approval regime are

bull World Heritage properties bull Ramsar wetlands bull Nationally threatened species and ecological communities bull Migratory species bull Commonwealth marine areas and bull Nuclear actions (including uranium mining)

Assessment options for the Commonwealth Environment Minister are

bull Assessment on a preliminary documentation bull Public environment report (PER) bull Environmental impact statement (EIS) bull Public enquiry or bull And accredited process (on a project by project basis)

When deciding whether to approve the taking of an action and what conditions to impose the Commonwealth Environment Minister must consider social and economic matters and relevant environmental impacts The Minister must also take into account

bull The principles of ecologically sustainable development bull The assessment report on the impacts of the action bull Any other information about the impacts of the action and bull Relevant comments from other Ministers (such as information on social and

economic factors)

ESD Reporting and review All Commonwealth bodies must report annually on their implementation of ecologically sustainable development The Commonwealth must prepare a State of the Environment Report every five years The list of matters of national environmental significance must be reviewed every five years

Enforcement There is a range of enforcement mechanisms included in the Act For example

bull The Commonwealth Environment Minister may direct that an environmental audit be carried out if he or she has reasonable grounds to believe that a person

Appendix A 161

has contravened or is likely to contravene an environmental approval or permit issued under the Act

bull In certain circumstances civil or criminal penalties can apply to executive officers of a corporation that contravenes the requirements for environmental approvals under the Act including the provision of false or misleading information to obtain approval and

bull A person who contravenes the Act may be obliged to pay for the remediation of any resulting environmental damage

EPBC Principles and objectives

Principle 1 A fishery must be conducted in a manner that does not lead to over-fishing or for those stocks that are over-fished the fishery must be conducted such that there is a high degree of probability the stock(s) will recover

Objective 1

The fishery shall be conducted at catch levels that maintain ecologically viable stock levels at an agreed point or range with acceptable levels of probability

Information requirements

Guideline 111 There is a reliable information collection system in place appropriate to the scale of the fishery The level of data collection should be based upon an appropriate mix of fishery independent and dependent research and monitoring

Assessment

Guideline 112 There is a robust assessment of the dynamics and status of the speciesfishery and periodic review of the process and the data collected Assessment should include a process to identify any reduction in biological diversity and or reproductive capacity Review should take place at regular intervals but at least every three years Guideline 113 The distribution and spatial structure of the stock(s) has been established and factored into management responses Guideline 114 There are reliable estimates of all removals including commercial (landings and discards) recreational and indigenous from the fished stock These estimates have been factored into stock assessments and target species catch levels Guideline 115 There is a sound estimate of the potential productivity of the fished stocks and the proportion that could be harvested

Management response

Guideline 116 There are reference points (target andor limit) that trigger management actions including a biological bottom line andor a catch or effort upper limit beyond which the stock should not be taken Guideline 117 There are management strategies in place capable of controlling the

162

level of take Guideline 118 Fishing is conducted in a manner that does not threaten stocks of byproduct species (Guidelines 111 to 117 should be applied to byproduct species to an appropriate level) Guideline 119 The management response considering uncertainties in the assessment and precautionary management actions has a high chance of achieving the objective

Objective 2

Where the fished stock(s) are below a defined reference point the fishery will be managed to promote recovery to ecologically viable stock levels within nominated timeframes

Management response

Guideline 121 A precautionary recovery strategy is in place specifying management actions or staged management responses which are linked to reference points The recovery strategy should apply until the stock recovers and should aim for recovery within a specific time period appropriate to the biology of the stock

Guideline 122 If the stock is estimated as being at or below the biological and or effort bottom line management responses such as a zero targeted catch temporary fishery closure or a lsquowhole of fisheryrsquo effort or quota reduction are implemented

Principle 2 Fishing operations should be managed to minimise their impact on the structure productivity function and biological diversity of the ecosystem

Objective 1 The fishery is conducted in a manner that does not threaten bycatch species

Information requirements

Guidelines 211 Reliable information appropriate to the scale of the fishery is collected on the composition and abundance of bycatch

Assessment

Guidelines 212 There is a risk analysis of the bycatch with respect to its vulnerability to fishing

Management response

Guidelines 213 Measures are in place to avoid capture and mortality of bycatch species unless it is determined that the level of catch is sustainable (except in relation to endangered threatened or protected species) Steps must be taken to develop suitable technology if none is available Guidelines 214 An indicator group of bycatch species is monitored

Appendix A 163

Guidelines 215 There are decision rules that trigger additional management measures when there are significant perturbations in the indicator species numbers Guidelines 216 The management response considering uncertainties in the assessment and precautionary management actions has a high chance of achieving the objective

Objective 2

The fishery is conducted in a manner that avoids mortality of or injuries to endangered threatened or protected species and avoids or minimises impacts on threatened ecological communities

Information requirements

Guidelines 221 Reliable information is collected on the interaction with endangered threatened or protected species and threatened ecological communities

Assessment

Guidelines 222 There is an assessment of the impact of the fishery on endangered threatened or protected species Guidelines 223 There is an assessment of the impact of the fishery on threatened ecological communities

Management response

Guidelines 224 There are measures in place to avoid capture andor mortality of endangered threatened or protected species Guidelines 225 There are measures in place to avoid impact on threatened ecological communities Guidelines 226 The management response considering uncertainties in the assessment and precautionary management actions has a high chance of achieving the objective

Objective 3

The fishery is conducted in a manner that minimises the impact of fishing operations on the ecosystem generally

Information requirements

Guideline 231 Information appropriate for the analysis in 232 is collated andor collected covering the fisheries impact on the ecosystem and environment generally

Assessment

Guideline 232 Information is collected and a risk analysis appropriate to the scale of the fishery and its potential impacts is conducted into the susceptibility of each of the following ecosystem components to the fishery

164

1 Impacts on ecological communities

bull Benthic communities bull Ecologically related associated or dependent species and bull Water column communities

2 Impacts on food chains bull Structure and bull Productivityflows

3 Impacts on the physical environment bull Physical habitat bull Water quality

Management response

Guideline 233 Management actions are in place to ensure significant damage to ecosystems does not arise from the impacts described in 231 Guideline 234 There are decision rules that trigger further management responses when monitoring detects impacts on selected ecosystem indicators beyond a predetermined level or where action is indicated by application of the precautionary approach Guideline 235 The management response considering uncertainties in the assessment and precautionary management actions has a high chance of achieving the objective

Assessment of Fisheries A single assessment is done for each fishery resulting in one two or three independent decisions relating to Part 10 (accreditation for matters of NES) Part 13 (accreditation for protected species interactions) and Part 13A (export)

Commonwealth Fisheries ndash strategic assessment of Commonwealth fisheries involves consideration of the requirements of Part 10 of the EPBC Act to assess the impacts of actions taken under a fishery management regime on matters of national environmental significance (NES)

Fisheries operating in Commonwealth waters ndash the assessment also considers the impact of fishery operations on cetaceans and threatened species migratory species marine species and threatened ecological communities listed under Part 13 of the EPBC Act

Export fisheries ndash the assessment of fisheries with an export component involves consideration of the requirements of Part 13A of the EPBC Act and seeks to determine the extent to which the fishery is managed in an ecologically sustainable way

The aim is to strengthen and complement existing fisheries management responsibilities with a common and fundamental goal of best practice ecosystem-based fisheries management The processes are designed to incorporate a flow of communication between fisheries managers and the Sustainable Fisheries Section thus facilitating the best outcome for the fishery

A 28 day public comment period allows anyone interested in fisheries management to provide DEWHA and fisheries managers with comments on the management agency submission

Appendix A 165

Accreditation Benchmarks for the Environmental Assessment of Fisheries This includes the following key requirements

bull Environmental assessment must be conducted under State or Commonwealth legislation

bull Terms of reference (see summary below) for the assessment must require the preparation of an assessment report that - assesses all impacts of the fishery on the environment providing enough

information to allow the Commonwealth Minister for the Environment and Heritage to make an informed decision on whether the fishery is ecologically sustainable

- the terms of reference must be prepared in consultation with Environment Australia

- the terms of reference must ensure the assessment report addresses at least the requirements relating to matters if national environmental significance (Section 31)

- a draft assessment report must be prepared in accordance with the terms of reference for the assessment and

bull The draft report must be released for public comment for a period of at least 28 days (after Environment Australia has confirmed that the draft report adequately addresses the terms of reference) The final assessment report must clearly address any comments received from the public and from Environment Australia during the public comment period

Terms of Reference for Environmental Assessment of Fisheries

bull Description of the fishery bull A detailed description of the environment and significant environmental

characteristics likely to be affected by the fishery bull Proposed management arrangements that will be applied to the fishery

- a description of legislation and policies that are relevant to the management of the fishery and its environmental impacts

- the agencies that are responsible for administration of relevant legislation and the policies

- international agreements that affect the management of the fishery should also be identified

- the assessment must identify (amongst other things) any management plan for the fishery any bycatch action plan relevant regulations and any strategic research plan for the fishery

- identify elements of the management regime for the fishery that are intended to ensure that the fishery operates in an ecologically sustainable manner

bull Environmental Assessment of the fishery must include a comprehensive analysis of the potential impacts of the fishery on the environment The assessment must specifically address all aspects of the Guidelines for the

166

Ecologically Sustainable Management of Fisheries (as outlined above) and demonstrate that the fishery is ecologically sustainable in terms of its impact on

- target species - non-target species and bycatch - the eco-system generally including habitat

bull The assessment must include - a description of the potential impacts of the fishery on the environment

(including to the extent possible information on the degree of confidence with which the impacts can be predicted and quantified)

- an analysis of the nature and extent of the likely environmental impacts including whether the impacts will be short term or long term impacts

- an assessment of whether any environmental impacts are likely to be unknown unpredictable or irreversible

- an analysis of the significance of the potential impacts and - reference to the technical data and other information relied upon in

assessing the environmental impacts of the fishery bull The assessment shall include consideration of impacts associated with the

conduct of the fishery such as the discharge of waste and other pollution risks (including lost gear)

bull Management measures and safeguards to ensure ecological sustainability - the assessment must provide a detailed analysis of the specific elements of

the proposed management regime for the fishery that are designed to ensure the fishery is ecologically sustainable (must demonstrate that the management arrangements for the fishery are consistent with the requirements of the Guidelines

- the assessment must identify and describe the specific measures intended to prevent minimise or compensate for the potential environmental impacts of the fishery and any measures to rehabilitate damage to the environment

- the assessment should include an analysis of the expected or predicted effectiveness of these measures Distinguishing between those measures designed to protect target species and protect the ecosystem generally including non-target species and habitat

- the assessment should include a list of relevant measures Identify the basis (eg statutory or policy) for implementation of each measure and the agency or authority responsible for ensuring implementation The assessment must also identify how the relevant agency or authority will ensure compliance with these measures and what steps will be taken in the event of non-compliance

- the assessment should identify the mechanisms for reviewing the environmental impact of the fishery during the life of the proposed management arrangements and for adjusting the life of the proposed management arrangements and for adjusting elements of the management arrangements as necessary in response to the outcome of these reviews

- the assessment must also identify any program that is proposed to be put in place to monitor the impacts of the fishery on the environment in the short and long term

- any proposed independent environmental auditing mechanism should be identified

Appendix A 167

- the assessment should to the extent reasonably practicable describe any feasible alternatives to the proposed management arrangements (or elements of those arrangements) The alternatives should be discussed in sufficient detail to make clear the reasons for preferring certain options and rejecting others Discussion should cover matters such as alternative fishing methods and technologies increasing or reducing permitted levels of effort alternative mechanisms for controlling effort and other alternative measures for preventing or minimising environmental impact and

bull Information Sources for information in the assessment the assessment must state

- the source of the information - how recent the information is - how the reliability of the information was tested

what uncertainties (if any) are in the information

168

Fishery agency submissions and DEWHA assessments In this section for each jurisdiction (NSW NT QLD SA TAS VIC WA and the Commonwealth) the following format will be used

bull List of fisheries managed by that jurisdiction bull Outline the approach taken for the submission to DEWHA and bull Example fishery from each jurisdiction

Part 1 provides a summary and details of the agency submission on ecological sustainability to DEWHA and management approaches by fisheries agencies under the following headings

bull Legislation - list of legislation Acts and regulation

bull Management - plans and regulations - codes of practice - co-management arrangements - fishery management strategy - harvest strategy - spatial management

bull Assessment - stock assessments - EIS - Risk assessments

bull Monitoring and performance - monitoring - indicatorstriggers (examples where available) - observer programs

bull Reporting - fishers - fishery agencies

bull Research bull Consultation bull Supporting documents and reports bull References

The above information in general comes from the assessment report submitted to DEWHA and other information from the jurisdiction fishery web page Sources of information will be noted Part 2 provides summary information of DEWHA assessment of the fishery and the Ministerial decision conditions and recommendations The assessment (specific to each fishery) may include

bull 2Department of the Environment and Heritage Assessment Report

Appendix A 169

bull 2Accreditation of a plan of management for the purposes of part 13 and 33 bull 2Declaration of an approved Wildlife Trade Operation bull 2Variation to declaration of an approved Wildlife Trade Operation bull DEWHA Ministerial Schedule that revokes existing conditions or includes new

conditions bull 2Amendment to the List of Exempt Native Specimens (LENS) bull 2Ministerial decision recommendations and conditions bull 2Agency submission on ecological sustainability and bull Invitation to comment A period for public comment allows anyone interested in

the fishery to provide DEWHA and fisheries managers with comments on the management agency submission

DEWHA assessment report

bull Key information from overall assessment The Ministerrsquos decision

bull Decision subject to any conditions and recommendations It should be noted that the information provided below was current at the time of the submission but some aspects of the legislation management monitoring and performance arrangements may have changed since then

170

State Fisheries

New South Wales Fisheries bull 2Abalone Fishery (EIS and FMS) bull 2Estuary General Fishery (EIS

and FMS) bull 2Estuary Prawn Trawl (EIS and

FMS) bull 2Lobster Fishery (EIS and FMS)

bull 2Ocean Hauling Fishery (EIS and FMS)

bull 2Ocean Trap and Line Fishery (EIS and FMS)

bull 2Ocean Trawl Fishery (EIS and FMS)

NSW DPI submissions to DEWHA

The submissions to DEWHA under the EPBC Act are in the form of an Environmental Impact Statement (EIS) and Fishery Management Strategy (FMS) as outlined below Environmental Impact Statement (EIS) NSW DPI provide an Environmental Impact Statement for public consultation These are very detailed documents and address the following

bull The ecological (target byproduct bycatch TEP habitats and wider ecosystem) economic and social components

bull A draft fishery management strategy(goals objectives and management responses)

bull Performance monitoring and review (predetermined performance indicators and trigger points)

bull Proposed harvesting strategy and bull Impact on fish resources and biophysical environment (risk assessment)

Fishery Management Strategy (FMS) A fishery management strategy is a document outlining the management goals objectives strategies for achieving the objectives (including the fishing or activity controls) performance indicators and the monitoring programs that apply to a fishery

or activity Fishery management strategies are valuable because they

bull Provide a long term vision for management of a fishery or activity bull Clearly outline the strategies that are in place to achieve that vision bull Provide stakeholders with greater certainty by knowing the management

programs that apply in the fishery or activity provide useful background information and

bull The strategies will allow the community to scrutinise the management arrangements for each fishery or activity and seek to ensure that the management arrangements in place provide sustainable fisheries and activities into the future

Appendix A 171

The NSW 2Abalone Fishery an example Part 1 provides a summary and details of the NSW DPI agency submission on ecological sustainability to DEWHA (September 2005) Part 2 provides summary information of DEWHA assessment of the fishery and the Ministerial decision conditions and recommendations

Part 1 NSW DPI Submission to DEWHA (September 2005) Submission for the purposes of the protected species provisions of Part 13 and the wildlife trade provisions of Part 13 A of the EPBC Act The following information is from the Abalone Fishery Environmental Impact Statement Vol 1 2 and 3 (September 2005) prepared by The Ecology Lab Pty Ltd on behalf of NSW Department of Primary Industries and shareholders of the NSW Commercial Abalone Volume 1 Chapter B Review of the existing fishery and was current at time of the submission (September 2005) to DEWHA Other relevant information that is included is sourced from the NSW (DPI) fisheries web documents and in each case source references are provided

A summary of the NSW (DPI) submission to DEWHA is provided in the table below and then in more detail under the same headings This is followed by other NSW (DPI) supporting documents and reports and references for this section

Legislation Commonwealth legislation Wildlife Protection (Regulation of Export and

Imports) Act 1982 Environment Protection and Biodiversity Conservation (EPBC) Act 1999

NSW Legislation Fisheries Management Act 1994 Environmental Planning and Assessment Act 1979 Marine Parks Act 1997 National Parks and Wildlife Act 1974 and Threatened Species Conservation Act 1995 Port Corporation and Waterways Management Act 1995 Crown Lands Act 1989 and Rivers and Water Act 2000 Foreshores Protection Act 1948 Food Production (safety) Act 1998 Food Production (safety) Act 1998

Management Management plans and regulations Fisheries management (general) regulation 2002

Fisheries Management (Aquatic Reserves) Regulation 2002 New South Wales Abalone Share Management Plan 2000 (5 year statutory plan commenced 18 February 2000) Fisheries Management (Abalone Share Management Plan) Regulation 2000 Fishery Management Strategy (included in EIS report Vol 2 Chapter D) Draft Abalone Fishery Code of Practice

Code of practice Draft Abalone fishery code of practice

172

Harvest strategies Target inputoutput annual quota allocation and TACC

Spatial management Divided into 6 regions for stock assessment purposes Marine parks and aquatic reserves where harvesting limited Seasonal closures (time and spatial)

Assessment

Stock assessment Target annual stock assessment

EIS Ecological (target byproduct bycatch TEP habitats and wider ecosystem) economic and social components

Risk assessment Broadly consistent with the guidelines for ESD reporting for Australian fisheries lsquoHow to Guidersquo for Wild Capture Fisheries by Fletcher et al 2002 It addresses the impact on fish resources and biophysical environment Target byproduct and bycatch TEP habitat and ecosystems

Economic components Analysis based on compilation of existing data Social components Descriptions of community values and views

associated with the Abalone Fishery including social capital skills base and transferability of skills with a brief analysis of the basis of these views and perceptions

Governance No Monitoring

Monitoring DPIampF statewide Long Term Monitoring Program (LTMP) started in 19999

Performance indicators and trigger points Objectives performance indicators and review triggers for ecological economic and social components

Observer program No Reporting Fishers A daily docket recording catch and effort

information such as the zones fished dive time catches taken from each zone information on the crew boat used and the consignee

NSW DPI Annual abalone fishery reports Research

Research Strategic research plan objectives strategies and priorities

Consultation

Management Advisory Committees (MACs)

Appendix A 173

NSW DPI submission to DEWHA in more detail

Legislation Acts

Act Relevant Authority Regulatory provisions

NSW Legislation Fisheries Management Act 1994

DPI Fishing authorisations fishing closures declaration and management of aquatic reserves protection of certain fish including threatened and protected species

Environmental Planning and Assessment Act 1979

Department of Planning (Planning NSW) and Local Councils

Administration of the environmental impact assessment and project approval system Development of environmental planning instruments which may protect wetlands or certain other areas

Marine Parks Act 1997 Marine Parks Authority Declaration and management of marine parks

National Parks and Wildlife Act 1974 and Threatened Species Conservation Act 1995

National Parks and Wildlife Service

Declaration and management of nature reserves and national parks protection of certain mammals birds and foreshore species including threatened and protected species

Port Corporation and Waterways Management Act 1995

Waterways Authority or relevant Port Corporation

Use of ports wharfs berths moorings etc licensing of vessels and maintenance of safe navigation in waterways

Crown Lands Act 1989 and Rivers and Water Act 2000 Foreshores Protection Act 1948

Department of Land and Water Conservation

Use of Crown land for wharfs berths or moorings and protection of river estuary and coastal foreshores

Food Production (safety) Act 1998

Safe food Fish products safe for human consumption

Commonwealth Legislation

Wildlife Protection (Regulation of Export and Imports) Act 1982

Agriculture Forestry and Fisheries Australia and Environment Australia

Licence to export protected wildlife

Environment Protection and Biodiversity Conservation (EPBC) Act 1999

Environment Australia Environmental Assessment of matters of National Significance including those affecting protected or threatened species Ramsar wetlands bird and mammal species protected under international agreements

Management

Plans and regulations

New South Wales Abalone Share Management Plan 2000 (5 year statutory plan commenced 18 February 2000)

Fisheries Management (Abalone Share Management Plan) Regulation 2000

174

Components of the Abalone Share Management Plan Part Title Purpose Part 1 Management Advisory Committees Describes the role and composition of the MAC Part 2 The NSW Abalone Fishery Profile A brief description of the fishery and its key

management components

Part 3 Strategic Plan for the Abalone Fishery

Outlines strategies in management research and compliance to meet objectives of the fishery

Part 4 Fisheries Management (Abalone Share Management Plan) Regulation 2000

The legislated component of the share management plan

Draft Abalone Fishery Code of Practice

The Code is presently in its initial stages and has been written to respond to current issues in the fishery and to assist with the implementation of particular management responses proposed in the Draft FMS for the Abalone Fishery The Code is to be adaptive to the changing needs of the fishery and is expected to evolve as the needs in the fishery change The Scope of the Code is as follows

bull This Code is voluntary bull This Code is directed towards the NSW commercial abalone divers deckhands bull It is envisaged that processors and the marketing and aquaculture sector of the

abalone industry will also adopt the principles of the Code and bull The Code may be revised from time to time as a result of changes in the

abalone industry or the seafood industry as a whole An objective under the code is to promote the ecologically sustainable development of the seafood industry and the sustainable use of living aquatic resources and their environments Underlying this Code of Practice one of the general principles applying across the seafood industry is that the abalone seafood industry will strive to conserve and protect aquatic ecosystems

Fishery Management Strategy (FMS)

A fishery management strategy is a document outlining the management goals objectives strategies for achieving the objectives (including the fishing or activity controls) performance indicators and the monitoring programs that apply to a fishery or activity Fishery management strategies are valuable because they

bull Provide a long term vision for management of a fishery or activity bull Clearly outline the strategies that are in place to achieve that vision and bull Provide stakeholders with greater certainty by knowing the management

programs that apply in the fishery or activity and provide useful background information

Appendix A 175

The strategies will allow the community to scrutinise the management arrangements for each fishery or activity and seek to ensure that the management arrangements in place provide sustainable fisheries and activities into the future

Harvest strategies

The Abalone Fishery is currently managed by a combination of input and output Controls including restricted entry size limits and a Total Allowable Commercial Catch (TACC) A stock assessment is applied to the Abalone fishery each year A quota management system was introduced into the Abalone Fishery on 1 August 1989 Quota was originally equally allocated to divers Since becoming a share managed fishery individual quotas are allocated (by weight) in proportion to shareholding on an annual basis The total allowable commercial catch (TACC) is set by the statutory and independent Total Allowable Catch Setting and Review Committee (Section B183) The TACC setting process takes into account an assumed level of recreational catch and unreported (illegal) commercial catch and all relevant scientific Industry community social and economic factors

Spatial management

The coastline of NSW has been divided into the following six regions for the purposes Of stock assessment Although regions differ in size they were originally chosen in1994 to be equivalent in the amount of commercial catch of abalone over the previous 10 years (TAC Committee 2002) although this has since changed In addition the coastline of NSW has been divided into 72 sub-zones This has been done to provide information on the harvest of abalone at small spatial scales and for the purposes of compliance reporting Marine parks and aquatic reserves where harvesting is limited and seasonal closures (time and area)

Assessment

Stock assessment

Target annual stock assessment The basis for the ongoing stock assessment program was initiated by DPI and Industry in 1993 through a Fisheries Research and Development Corporation (FRDC) grant and it has been fully-funded by Industry since 1996 The program has undergone considerable development and expansion over the past 11 years The annual assessment is presented to the TAC Committee and forms the basis for their determination of the TACC for each fishing period The assessment of the stock involves combining different sources of data as outlined in the table below

176

Sources of data Objectives and Comments

Fishery independent surveys

Involves researchers counting abalone in three size classes annually between July and December in fixed areas in each of the 6 stock assessment regions

Size structure of commercial catch

Fishery-dependent data collected from catch return sheets The average length of abalone in commercial catches is calculated The number of individuals and weight of each catch is used to calculate the average length of abalone in individual catches This is used to estimate the frequency distribution of sizes of abalone in the commercial catch

Analysis of commercial catch and effort data

Fishery-dependent data collected from catch return sheets Spatial and temporal trends in catch and effort are estimated Currently done annually

Stock assessment of abalone

Fishery-dependent and fishery-independent data are fed into a length-structure model with spatial components and used to make predictions that would result from various changes to management (TACs in particular) This information is presented to the TAC Committee annually

Environmental Impact Statement (EIS)

NSW DPI provide an Environmental Impact Statement for public consultation These are very detailed documents and address the following

bull The ecological (target byproduct bycatch TEP habitats and wider ecosystem) economic and social components

bull A draft fishery management strategy(goals objectives and management responses)

bull Performance monitoring and review (predetermined performance indicators and trigger points)

bull Proposed harvesting strategy and bull Impact on fish resources and biophysical environment (risk assessment)

Appendix A 177

Economic and social issues considered

Economic This information draws heavily upon a report on economic issues associated with the NSW Abalone Fishery prepared by Dominion Consulting Pty Ltd The Dominion report was compiled from existing information augmented by economic and social surveys conducted around 200102 DPI reports and Australian Bureau of Statistics data on NSW fisheries Much of the information presented in this section is now out of date particularly in light of recent significant changes in abalone beach prices and this is an acknowledged shortcoming of this analysis The economic issues considered include the following

bull Information sources bull Investment in fishing equipment and processing facilities bull Employment in the fishery bull Economic return from the fishery bull Gross revenue bull Shares bull Profitability in the fishery bull Productivity in the fishery bull Rents community contribution and management charges bull Economic contribution to local and regional economies and multiplier effects

and bull Overall risk from current operations to economic viability

Social Dominion Consulting Pty Ltd has described the community values and views associated with the abalone fishery including social capital skills base and transferability of skills with a brief analysis of the basis of these views and perceptions Umwelt Pty Ltd described Indigenous values and views associated with fishery as well as issues associated with European heritage The reports by Dominion Consulting Pty Ltd and Umwelt Pty Ltd also identified the overall social risks from the current operational regime taking into consideration the likelihood of the impacts and their predicted consequences The social issues considered include the following

bull Demography of shareholders divers and their families bull Demography of deckhands and their families bull Community values and views associated with the fishery bull The importance of social identity bull Job satisfaction bull Health risks to divers bull Health risks to consumers bull Indigenous cultural heritage and community issues bull Important indigenous sites and places bull The interface with traditional fishing and access to fishery resources bull Current implications for indigenous community well being bull Heritage issues

178

bull Locations of historic shipwrecks bull Overall risk from current operations to social issues bull Illegal activities bull Reduced employment and limited alternative employment and bull Indigenous community wellbeing

Risk assessment

The EIS includes a risk assessment which is broadly consistent with the guidelines for ESD reporting for Australian fisheries lsquoHow to Guidersquo for Wild Capture Fisheries by Fletcher et al 2002 It addresses the impact on target byproduct and bycatch TEPs habitats and other species assemblages

Monitoring and Performance

Monitoring

A number of monitoring programs are being used to gather information to measure performance indicators for the fishery For example the stock assessment program is the basis for providing information about biomass Performance indicators and trigger points for biomass and commercial catch rate are related to values for 1994 as this was the first year of the current stock assessment program for the fishery Other monitoring programs include measuring rates of compliance as indicated by the number of inspections that show illegal activity Monitoring rates of compliance are used as an indication of whether the number of offences is being minimised

Indicators and Trigger Points

The effectiveness of performance indicators in the share management plan in monitoring the performance of the fishery depends on how well they monitor the achievement of objectives For example the failure of the economic indicators to trigger in recent years when information has pointed to a reduced economic viability in the fishery suggests a review of economic indicators may be required Current indicators of economic viability are based mostly on the value and market of shares in the fishery and the independence of these to the economic situation in the fishery In addition indicators for biomass are ambiguous as it is unclear as to whether the objective is to maintain stocks at current levels or increase them There is also no indication of the preferred time period for recovery of the target stock should recovery be required

The performance indicators for the share management plan were developed to determine if the management objectives are being attained The trigger points specify a point when a performance indicator has reached a level that suggests there may be a problem with the fishery and a review is required Some performance indicators vary naturally from time to time The following table identifies the performance indicators and trigger points that are used to measure whether each of the management objectives described in the share management plan are being attained Under this existing regime a review of the share management plan is required if the Minister for Primary Industries

Appendix A 179

is satisfied that a trigger for review is breached An annual report is completed at the end of each fishing period which examines the performance of the fishery against the objectives of the plan Specifically it addresses each of the performance indicators and triggers identified in the table

180

Mon

itori

ng P

erfo

rman

ce in

dica

tors

and

trig

ger

poin

ts c

urre

nt p

erfo

rman

ce m

onito

ring

for t

he A

balo

ne F

ishe

ry (S

ourc

e S

MP

2000

) O

bjec

tive

Pe

rfor

man

ce In

dica

tor

M

onito

ring

and

Tri

gger

for

Rev

iew

Prom

ote

com

mer

cial

fish

ing

pr

actic

es fo

r aba

lone

that

do

not

impa

ct o

n th

e br

oade

r eco

syst

em

Com

mer

cial

fish

ing

prac

tices

for a

balo

ne d

o no

t hav

e an

adv

erse

en

viro

nmen

tal i

mpa

ct o

n th

e br

oade

r eco

syst

em

Rese

arch

con

duct

ed b

y or

on

beha

lf of

DPI

indi

cate

s th

at c

omm

erci

al

fishi

ng

for a

balo

ne is

hav

ing

an a

dver

se e

nvir

onm

enta

l im

pact

on

the

broa

der

ecos

yste

m

Mai

ntai

n or

incr

ease

the

biom

ass

of

mat

ure

and

lega

l siz

ed a

balo

ne

Biom

ass

of m

atur

e an

d le

gal s

ized

aba

lone

incr

ease

or d

o no

t ch

ange

in a

ny a

rea

to w

hich

a to

tal a

llow

able

cat

ch a

pplie

s

(usi

ng a

mod

el b

ased

ass

essm

ent

with

sur

vey

of a

balo

ne s

tock

co

nduc

ted

by D

PI in

199

4 to

be

used

as

a be

nchm

ark)

(a) T

he b

iom

ass

of m

atur

e or

lega

l siz

ed a

balo

ne in

an

area

in w

hich

a to

tal

allo

wab

le c

atch

app

lies

falls

bel

ow th

e 19

94 b

ench

mar

k by

mor

e th

an 1

5

(b) T

here

is gt

50

cha

nce

of (a

) occ

urri

ng in

the

next

5 y

ears

if th

e to

tal

allo

wab

le c

atch

is u

ncha

nged

Ensu

re m

anag

emen

t ar

rang

emen

ts fo

r the

fish

ery

do

not h

ave

a si

gnifi

cant

impa

ct o

n

the

cost

s of

taki

ng a

balo

ne fo

r sal

e

Man

agem

ent c

harg

e fo

r the

fish

ery

(und

er S

ectio

n 76

of t

he A

ct)

does

not

incr

ease

sig

nific

antly

dis

rega

rdin

g an

y in

crea

se th

at is

at

trib

utab

le to

the

prov

isio

n of

add

ition

al re

sour

ces

by D

PI (e

g

the

prov

isio

n of

add

ition

al c

ompl

ianc

e of

ficer

s)

Man

agem

ent c

harg

e fo

r the

fish

ery

incr

ease

s in

any

yea

r at a

rate

exc

eedi

ng

the

rate

of i

nfla

tion

(as

mea

sure

d by

the

cons

umer

pri

ce in

dex)

di

sreg

ardi

ng in

crea

ses

that

are

attr

ibut

able

to th

e pr

ovis

ion

of a

dditi

onal

re

sour

ces

by D

PI a

fter c

omm

ence

men

t of t

his

Plan

Prom

ote

cost

effi

cien

t m

anag

emen

t

Inde

pend

ent r

evie

w o

f the

man

agem

ent a

rran

gem

ents

for t

he

fishe

ry c

ondu

cted

per

iodi

cally

at t

he re

ques

t of t

he M

inis

ter

de

term

ines

that

man

agem

ent a

rran

gem

ents

are

app

ropr

iate

Inde

pend

ent r

evie

w d

eter

min

es th

at th

e m

anag

emen

t arr

ange

men

ts fo

r the

fis

hery

are

inap

prop

riat

e

Ensu

re th

e fis

hery

rem

ains

ec

onom

ical

ly v

iabl

e

Stan

dard

ised

com

mer

cial

cat

ch ra

tes

rela

tive

to 1

994

Ther

e is

a

buyi

ng m

arke

t for

quo

ta T

here

is a

buy

ing

mar

ket f

or s

hare

s in

th

e fis

hery

Val

ue o

f sha

res

in th

e fis

hery

is m

aint

aine

d or

in

crea

sed

Stan

dard

ised

cat

ch ra

tes

fall

by m

ore

than

15

o

f199

4 be

nchm

ark

20

(or

mor

e) o

f quo

ta a

vaila

ble

for t

radi

ng c

anno

t be

trad

ed 1

5

(or m

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Val

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Ensu

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Ther

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Appendix A 181

Reporting Fishers Endorsed divers must comply with a daily catch reporting procedure A daily docket recording catch and effort information such as the zones fished dive time catches taken from each zone as well as information on the crew boat used and the consignee must be recorded Divers are required to validate their catch before moving more than 50 metres from the boat ramp or associated car park NSW DPI Abalone share management fishery annual reports

Research Strategic plan for abalone research from Abalone share Management Plan (2000)

Objective Maintain or increase the biomass of mature and legal sized abalone

Strategies

bull Describe and analyse patterns in commercial catch effort catch rate and the size of abalone caught

bull Complete annual independent surveys to provide an index of the relative abundance of abalone of different sizes

bull Incorporate all data sources into a formal modelling framework to assess the current state of the stock and the risk and performance of future TAC

bull Release hatchery-produced larval and juvenile abalone to depleted reefs bull Investigate interactions between the fisheries for abalone and sea urchins with

particular reference to the potential for enhancement of the abalone fishery bull Complete surveys of the infection rate by Perkinsus with the potential of

minimising losses caused by mortality bull Provide a description of the impact of fishing practices upon the mortality of

undersized abalone and bull Complete experiments and analysis of meat-weight shell-length relationships

and provide the information to compliance Objective Ensure appropriate research and monitoring in relation to the fishery

Strategies

bull Consultation with the MAC Industry community Department other agencies and users of the information and

bull External review of existing strategies and their cost-effectiveness Ongoing stock assessment research projects (Source Abalone share Management Plan 2000)

182

Research Projects Objectives and Comments

Fishery independent surveys

Involves researchers counting abalone in three size classes annually between July and December in fixed areas in each of the 6 stock assessment regions

Size structure of commercial catch

Fishery-dependent data collected from catch return sheets The average length of abalone in commercial catches is calculated The number of individuals and weight of each catch is used to calculate the average length of abalone in individual catches This is used to estimate the frequency distribution of sizes of abalone in the commercial catch

Analysis of commercial catch and effort data

Fishery-dependent data collected from catch return sheets Spatial and temporal trends in catch and effort are estimated Currently done annually

Stock assessment of abalone

Fishery-dependent and fishery-independent data are fed into a length-structure model with spatial components and used to make predictions that would result from various changes to management (TACs in particular) This information is presented to the TAC Committee annually

Other Research

A revision of research priorities in late 2002 indicated the following research priorities ranked in order of importance from 1 (highest priority) to 3 (lowest priority) Ecological Processes

Development of the sea urchin fishery to enhance abalone populations Rank 2

Impacts of Management and Manipulation Utility of alternative size limits and fish-downs for abalone Rank 3 Reporting Managerial and Policy Methodologies Estimation of the illegal catch of abalone Rank 1 Disease and Pollution Effects of Perkinsus and water quality on abalone Rank 1 Post-harvest and Value-adding Development of improved tanking and marketing of abalone Rank 2 Socio-economics Education and Communication Economic assessment of the impact of the Abalone Fishery Rank 2

Consultation Management Advisory Committees (MACs) Ministerial Advisory Councils The Ministerial Advisory Councils currently established are

bull The Seafood Industry Advisory Council (SIAC)

Appendix A 183

bull The Advisory Council on Recreational Fishing (ACoRF) and bull Total Allowable Catch Setting and Review Committee (TAC)

Supporting documentsreports (NSW DPI) bull NSW status of fisheries resources 200102 bull Planning strategic research for fisheries aquaculture and aquatic conservation

in NSW 2004-2009 bull TAC Committee Abalone Fishery Report and Determination 200607 bull Draft Fishery Management strategy bull 2Taking of Abalone Prohibited ndash Poster bull 2Abalone Share Management Plan bull 2Abalone Share Managed Fishery Annual Report 20012002 bull 2Abalone Share Managed Fishery Annual Report 200203 and bull Future Governance of the NSW Abalone Fishery Alternative Arrangements

2Final Report March 2004

References NSW DPI submission to DEWHA Abalone Fishery Environmental Impact Statement Vol 1 2 and 3 (September 2005) prepared by The Ecology Lab Pty Ltd on behalf of NSW Department of Primary Industries and shareholders of the NSW Commercial Abalone DEWHA Assessment Assessment of the New South Wales Abalone Fishery (November 2006) Australian Government Department of the Environment and Heritage Legislation Commonwealth Legislation

bull Wildlife Protection (Regulation of Export and Imports) Act 1982 and bull Environment Protection and Biodiversity Conservation (EPBC) Act 1999

NSW legislation

bull Fisheries Management Act 1994 bull Environmental Planning and Assessment Act 1979 bull Marine Parks Act 1997 bull National Parks and Wildlife Act 1974 and Threatened Species Conservation Act

1995 bull Port Corporation and Waterways Management Act 1995 bull Crown Lands Act 1989 and Rivers and Water Act 2000 Foreshores Protection

Act 1948 and bull Food Production (safety) Act 1998

184

Management

bull Fisheries Management (general) Regulation 2002 bull Fisheries Management (Aquatic Reserves) Regulation 2002 bull Abalone fishery Share Management Plan (2000) and bull Fisheries Management (Abalone Share Management Plan) Regulation (2000)

Other

bull FisheryDraft Abalone Fishery Code of Practice bull 2Taking of Abalone Prohibited ndash Poster bull 2Abalone Share Managed Fishery Annual Report 20012002 bull 2Abalone Share Managed Fishery Annual Report 200203 bull Future Governance of the NSW Abalone Fishery Alternative Arrangements ndash

2Final Report March 2004 and bull How to Guidersquo for Wild Capture Fisheries by Fletcher et al 2002

Part 2 DEWHA Assessment 2Abalone Fishery

The assessment

The submission has been assessed in accordance with the protected species provisions of Part 13 and the wildlife trade provisions of Part 13A of the EPBC Act The assessment includes

bull 2Department of the Environment and Heritage Assessment Report (December 2005)

bull 2Department of the Environment and Heritage Assessment Report (November 2006)

bull 2Accreditation of a plan of management for the purposes of part 13 (28th November 2005)

bull 2Declaration of an approved Wildlife Trade Operation ndash Gazetted on Wednesday 30 November 2005 S212

bull 2Variation to Declaration of an approved Wildlife Trade Operation (21 November 2006)

bull 2Amendment to the List of Exempt Native Specimens ndash Registered on Wednesday 30 November 2005 F2005L03806

bull 2Ministerial decision (November 2005) bull 2Ministerial decision (November 2006) bull 2Agency submission on ecological sustainability (September 2005) bull Invitation to comment closed Friday 14 October 2005

The assessment of the fishery was based primarily on the FMS contained within the draft Environmental Impact Statement (EIS) provided by NSW DPI The FMS has not yet been finalised or formally implemented into the management arrangements of the fishery and requires modification to ensure the ongoing ecologically sustainable management of the fishery

Appendix A 185

DEWHA assessment report

The assessment of the New South Wales Abalone Fishery (November 2006) Australian Government Department of the Environment and Heritage (from Overall assessment pgs 8-9) The material submitted by NSW DPI demonstrates that the existing management arrangements for the fishery in conjunction with the commitments made in the draft FMS and determination of the fishery under the NSW EPampA Act by the NSW Minister for Primary Industries meet most of the requirements of the Australian Government Guidelines for the Ecologically Sustainable Management of Fisheries While the final FMS will allow the fishery to be relatively well managed DEWHA has identified a number of current risks and uncertainties that must be further managed to ensure that their impacts are minimised

bull Significantly depleted stocks in several management regions bull Absence of defined recovery strategies to address depleted stock levels bull Need for finer spatial scale management to address potential localised and serial

depletion of available stocks bull Uncertain levels of recreational and illegal catches and bull Continuing significant impacts of illegal harvesting

The operation of the fishery is consistent with the objects of Part 13A of the EPBC Act DEWHA recommends that the existing WTO for the fishery be extended for a further 2 years up to 28 November 2008

2Ministerial decision

November 2005 2Declaration of an approved Wildlife Trade Operation (Gazetted on Wednesday 30 November 2005 S212) under Part 13A of the EPBC Act 3 This declaration would allow the export of product from the fishery for the next 12 months The declaration was subject to the conditions (set out in Attachment A) November 2006 The accreditation under Part 13 of the EPBC Act granted in November 2005 will continue to apply to the fishery The Minister decided to extend the current WTO for the Abalone Fishery until 28 November 2008 subject to the conditions and recommendations below

186

Conditions and recommendations Conditions Conditions on the Approved Wildlife Trade Operation Declaration for the New South Wales (NSW) Abalone Fishery

1 Operation of the fishery will be carried out in accordance with the NSW Abalone Share Management Plan 2000 in force under the NSW Fisheries Management Act 1994

2 NSW Department of Primary Industries (DPI) to advise the Department of the Environment and Heritage (DEWHA) of any material change to the Abalone Fishery management arrangements that could negatively affect the assessment of the fishery against the Environment Protection and Biodiversity Conservation Act 1999 criteria within three months of that change being made

3 A report to be produced and presented to DEWHA annually and to include

a information sufficient to allow assessment of the progress of NSW DPI in conjunction with industry and other stakeholders in implementing the conditions and recommendations made and

b the status of the Abalone Fishery performance indicators compared to the trigger points

4 The Fishery Management Strategy for the NSW Abalone Fishery to be finalised and approved by the end of April 2007

5 NSW DPI in conjunction with NSW Abalone Fishery stakeholders to develop and implement within 12 months an agreed recovery strategy for abalone stocks across the fishery that defines the following

bull precautionary recovery targets and associated timeframes bull specific measures to promote the rebuilding of stocks to target levels and bull stock and catch monitoring and compliance measures required to evaluate

and enforce the recovery of depleted stocks Recommendations Recommendations for the extended Wildlife Trade Operation Declaration for the New South Wales (NSW) Abalone Fishery

1 NSW Department of Primary Industries (DPI) to work with other abalone stakeholders to ensure that the necessary consultative and co-management arrangements through the Abalone Fishery Management Advisory Committee or other mechanisms continue to operate to address the management commitments of the fishery

2 NSW DPI in conjunction with NSW Abalone Fishery stakeholders to develop and commence implementing within 6 months scientific surveys of the status of stocks in the Region 1 of the fishery

Appendix A 187

3 NSW DPI within 18 months to develop and implement measures to improve estimates of illegal recreational and indigenous catches of abalone for incorporation into the fishery resource assessment process

4 NSW DPI in conjunction with industry to develop and progressively implement in the next 18 months a program of finer scale management measures including catch limits at sub-regional levels spatially and temporally specific size limits and specific management arrangements for the closure and re-opening of areas of the fishery

5 NSW DPI in cooperation with other jurisdictions to develop more effective strategies and specific measures to quantify and reduce the extent of illegal take of abalone in NSW

188

Northern Territory Fisheries assessments bull 2Aquarium Fishery bull 2Demersal Fishery bull 2Finfish Trawl Fishery bull 2Mud Crab Fishery

bull 2Shark Fishery bull 2Spanish Mackerel Fishery bull 2Timor Reef Fishery bull 2Trepang Fishery

NT DPIFM submissions to DEWHA

The submissions to DEWHA under the EPBC Act addressed the EPBC principles and objectives for the ecological components only

2NT Spanish Mackerel Fishery an example Part 1 provides a summary and details of the NT DPIFM agency submission on ecological sustainability to DEWHA (May 2002) Part 2 provides summary information of DEWHA assessment of the fishery and the Ministerial decision conditions and recommendations

Part 1 NT DPIFM submission to DEWHA (May 2002) Submission for the purposes of the protected species provisions of Part 13 and the wildlife trade provisions of Part 13 A of the EPBC Act

The following information is from the report Assessing the ecological sustainability of the Northern Territory Spanish Mackerel Fishery compiled by Annette OrsquoGrady (May 2002) a report prepared for Environment Australia as required for assessment under the EPBC Act 1999 and was current at time of the submission (May 2002) to DEWHA Other relevant information that is included is sourced from the NT (DPIFM) fisheries web documents and in each case source references are provided

A summary of the NT (DPIFM) submission to DEWHA is provided in the table below and then in more detail under the same headings This is followed by other NT (DPIFM) supporting documents and reports and references for this section Legislation Commonwealth legislation Wildlife Protection (Regulation of Export and

Imports) Act 1982 Environment Protection and Biodiversity Conservation (EPBC) Act 1999 National Policy on ESD and the National ESD framework for Australian fisheries

NT legislation NT Fisheries Act 1998 Review of the Fisheries Act 1998 a discussion paper (February 2006) NT Fisheries Regulations (operational 1st January 1993)

Management Management plans and regulations Spanish Mackerel Fishery Management Plan in

force at 1st February1993

Appendix A 189

Review of Spanish Mackerel Fishery Management Plan discussion paper November 2000

Codes of practice No

Harvest strategies Target species input controls

Spatial management No

Assessment

Stock assessment Target species annual stock assessment based on age structured modelling

EIS No

Risk assessment No

Economic components No

Social components No

Governance No

Monitoring

Monitoring Monitoring of target species and byproduct Bycatch TEP habitat ecosystems provision for comments in logbook

Performance indicators and trigger points Proposed objectives indicators and trigger points and management action (review of management arrangements)

Observer program No

Reporting

Fishers Daily logbook listing catch effort and market details returns to the Fisheries Division on a monthly basis

NT DPIFM Annual status and technical reports Spanish mackerel fishery assessment reports every 3-5 years

Research

Research Strategic plan for fisheries research and development 2005-2009

Consultation

Spanish Mackerel Fishery Management Advisory Committee (SMACMAC)

NT DPIFW Submission to DEWHA in more detail

Legislation Acts Commonwealth legislation

bull Wildlife Protection (Regulation of Export and Imports) Act 1982 bull Environment Protection and Biodiversity Conservation (EPBC) Act 1999 and bull NT are signatories to the National Policy on ESD and the National ESD

framework for Australian fisheries

190

NT State legislation bull NT Fisheries Act 1998 bull Review of the Fisheries Act 1998 a discussion paper (February 2006) and bull NT Fisheries Regulations (operational 1st January 1993)

Management

Plans and regulations

Spanish Mackerel Fishery Management Plan in force at 1st February1993 Review of Spanish Mackerel Fishery Management Plan discussion paper November 2000 Current management arrangements take into account controls in neighbouring jurisdictions whilst complementary management arrangements between the statesTerritory have been agreed should research define shared stocks of Spanish mackerel This forum is effective in addressing cross jurisdictional issues particularly stock assessment and bycatch information

Spanish mackerel byproduct limits have been imposed for a range of offshore and nearshore fisheries The Timor Reef and Demersal fisheries have a nil byproduct of Spanish mackerel and the Commonwealth-managed Northern Prawn and Western Tuna fisheries may have a total of ten finfish in possession including Spanish mackerel Spanish mackerel byproduct arrangements for Northern Territory fisheries that target other species have been canvassed through the review of the Spanish Mackerel Fishery Management Plan The Barramundi and Shark fisheries have agreed to implement Spanish mackerel byproduct limits

The selective nature of Spanish mackerel fishing gear and targeting practices restricts the take of byproduct and limits most byproduct to other pelagic species The most common observed byproduct species are grey (or broad-barred) mackerel (Scomberomorus semifasciatus) long tail tuna (Thunnus tonggol) coral trout (Plectropomus spp) cobia (Rachycentron canadus) and various trevallies (Family Carangidae) Byproduct currently comprises less than 25 percent (by whole weight) of the commercial Spanish mackerel fishery catch

There are no threat abatement plans or recovery plans implemented for species of relevance to the Northern Territory Spanish mackerel fishery The Territoryrsquos fishing effort is restricted to very selective fishing gear that aims to minimise both interaction with the environment and limit bycatch If it became apparent that a threat abatement planrecovery planbycatch action strategy was in the Northern Territory the Fisheries Regulations or the Spanish Mackerel Fishery Management Plan would be amended to facilitate the plan The review of the Spanish Mackerel Fishery Management Plan has proposed that a Spanish mackerel bycatchbyproduct action plan be developed for fisheries targeting species other than Spanish mackerel It is envisaged that the Spanish

Appendix A 191

mackerel bycatchbyproduct action plan will be implemented throughout the latter half of 2002

Harvest strategies

The commercial Spanish mackerel fishery is managed by input controls including limited entry a licence reduction scheme and gear restrictions Licences have decreased from 28 to 19 since the introduction of a two for one licence reduction program in 1992 whereby two restricted Spanish mackerel licences are relinquished for the provision of one fully transferable licence During 2001 14 commercial fishers actively participated in the fishery

Spatial management

The target species is most commonly found in clear oceanic waters from the NT coast to the edge of the Australian Fishing Zone (AFZ)

Assessment

Stock assessment

Logbook returns from commercial Spanish mackerel fishers and fishing tour operators (FTOs) are submitted to the Fisheries Division and provide the necessary details for stock assessments The Spanish mackerel fishery and Spanish mackerel stocks are reviewed annually at the Northern Australian Fisheries Management Workshop attended by fisheries managers researchers and compliance officers from Western Australia the Northern Territory Queensland and the Commonwealth Various stock assessment methods have been applied to the NT Spanish Mackerel Fishery Age-structured models using the available time series of catch and effort have provided the best results but even those assessments are considered to be only moderately reliable Stock assessment of Spanish mackerel in the NT has proved quite problematic Assessments in 1997 and 2000 noted that the fishery has been recovering from over-fishing by the Taiwan-Australia joint venture fishery of the 1970s and 1980s but without better information on harvest rates or abundance the real impact of the fishery cannot be ascertained In addition to the geographic relationships of stocks being finely divided it is difficult to estimate the size of Spanish mackerel stocks as they are not amenable to survey by trawling or gill net or even by air and are difficult to capture uninjured for tagging (Source Fishery Status Reports 2004 (December 2005) Fishery Report No82) A range of national and international expert fisheries researchers have contributed to stock assessments of the Northern Territory Spanish mackerel fishery Peer review of the Spanish mackerel stock assessment process was provided through a seminar presented at the 1993 Australian Society for Fish Biology Conference Public stock assessment workshops reviewing the Spanish mackerel fishery were conducted in July 1997 and August 2000 These workshops were led by nationally and internationally recognised stock assessment scientists

192

Technical analyses involved northern Australian researchers from a range of institutions including DBIRD (then DPIF) Queensland Department of Primary Industries Fisheries Western Australia Sydney University CSIRO and the Bureau of Resource Sciences Members of the public commercial Spanish mackerel fishers industry recreational representatives fisheries managers conservation and indigenous groups attended the public sessions of the stock assessment workshops Introductory and conclusion sessions were held to inform and gather input from stakeholders for stock assessment modelling undertaken by researchers during the remainder of the workshop

Risk assessment

Given the negligible level of bycatch a risk assessment and risk analysis of bycatch species has not been undertaken This is appropriate to the size and scale of the fishery

Commercial fishersrsquo and fishing tour operatorsrsquo logbooks independent observers technical and research officers have not indicated any interaction with endangered threatened or protected species Information gathered from these sources is considered reliable and appropriate to the size and scale of the fishery There are no threatened ecological communities identified in Northern Territory waters It is for this reason that no assessment of the impact of the fishery on threatened ecological communities has been undertaken

The Spanish mackerel fishery is a surface-based line fishery that does not impact on the substrate As there are no identified impacts of the Spanish mackerel fishery on the ecosystem there are no relevant management actions in place The nature of fishing operations as well as the restriction of gear and vessels limits the effects of fishing on the environment The Spanish mackerel fishery is a surface-based fishery of hand-hauled hook line and lure method that has minimal impact on the ecosystem

Monitoring performance indicators and trigger points

Monitoring

The fishery is assessed and monitored through logbook returns observers and fishery dependent research Commercial fishers are required by legislation to submit daily or monthly logbook returns on all targeted catch and byproduct There is a comments section on the logbook for fishers to note any impacts on the fishery ecosystem or any general environmental considerations It is considered that comments on logbook returns together with observer and research studies provide an adequate reporting system appropriate to the scale of the fishery that is sufficient to monitor the impact of the Spanish mackerel fishery on the wider marine ecosystem As the Spanish mackerel fishery imposes no risk and has minimal interaction with all components of the ecosystem there is currently no monitoring of any ecosystem indicators

Appendix A 193

Performance indicators and trigger points

The Fisheries Act aims to conserve enhance protect utilise and manage the fish and aquatic life resources of the Territory to

bull Promote develop and maintain commercial and amateur fishing bull Provide for optimum yields from a fishery and maintain the quality of the yield bull Ensure that the fisheries of the Territory are not endangered or overexploited bull Encourage tourist and scientific interest in fish and aquatic life andor bull Ensure that the habitats of fish or aquatic life and the general environment is not

detrimentally affected These objectives are achieved by the Spanish Mackerel Fishery Management Plan primarily through reducing commercial participation rates to extremely low levels and further effort reduction programs monitoring of catches and regular review of management plans Possession limits have been imposed for recreational anglers The effectiveness of these management arrangements are assessed through the annual desktop review of the Spanish mackerel fishery The review of the Spanish Mackerel Fishery Management Plan promotes

bull The long term sustainability of the Spanish mackerel fishery and the ecological processes on which they rely

bull Equitable quality fishing opportunities for all stakeholder groups and bull Effective efficient and consistent management that supports the sustainable use

of individual Spanish mackerel stocks These objectives and performance indicators will be incorporated in the revised Spanish Mackerel Fishery Management Plan A notional catch limit of 90 of this target annual yield (by whole weight) has been defined as a major trigger point for the fishery The reference point has been determined in consultation with stakeholders and the wider community as a precautionary level at which a major review of the fishery will take place If 90 of the estimated sustainable yield (by whole weight) is reached Fisheries Division will request SMACFMAC to review management arrangements so that the total take of Spanish mackerel will not exceed sustainable yield estimates The proposed introduction of sectoral catch shares has been generally agreed for inclusion in the revised Management Plan That is each sector (commercial and recreational) is allocated a share of the fishery Individual sectors will trigger revised management arrangements for that sector if that sectorrsquos catch level changes by more than 20 percent (whole weight) Any significant (20 percent) change (increase or decrease) in catch of a sectoral catch share or a 30 decline in the total catch of the fishery (by whole weight) will trigger a review of the fishery and the management arrangements Catch levels are reviewed annually through the production of the Spanish mackerel Status Report and at the North Australian Fisheries Management Workshop

194

Proposed management strategies for the Spanish mackerel fishery Objective Performance Indicator Trigger Point Management Action Ensure the sustainability of the Spanish mackerel stocks

Estimated catch by all sectors does not exceed the estimated sustainable yield of Spanish mackerel

Aggregate landings by all sectors reach 90 of the sustainable yield (by whole weight) andor total fishery catch declines by 30 (by whole weight)

Management arrangements for the Spanish mackerel fishery will be reviewed by SMACFMAC Management regime to be implemented to ensure that aggregate landings by all sectors do not exceed estimated sustainable yield

Genetic studies indicate discrete Spanish mackerel stock(s)

Discrete Spanish mackerel stocks identified

SMACMFAC to review and make recommendations on appropriate management response to ensure the sustainability of discrete Spanish mackerel stocks

Sustainable yield estimates are reviewed annually

Annual review Continue existing research and review alternative yield estimate methodologies annually

Optimal utilisation of Spanish mackerel

Estimated catch share (as a percentage of total aggregate landings by whole weight) for all sectors remains unchanged

Estimated catch share by a stakeholder group(s) (commercial or recreational) changes (increase or decrease) by more than 20 (by whole weight)

Undertake a desktop study to determine the circumstances leading to the increasedecline in catch share arrangements SMACFMAC to make recommendations to the Director of Fisheries on appropriate management arrangements to address any changes in catch shares

Ensure the sustainability of byproduct taken in the Spanish mackerel fishery

Byproduct in the Spanish mackerel fishery increases significantly

Byproduct in the Spanish mackerel fishery increases to 10 of the total catch (whole weight)

SMACFMAC to make recommendations to the Director of Fisheries on appropriate management arrangements to address any changes and reduce byproduct levels

Minimise effects of fishing operations on endangeredthreatened protected speciescommunities

Endangeredthreatened protected speciescommunities are identified in NT waters

Impacts are observed by commercial fishers or fisheries observers

Threat abatement plan implemented

Appendix A 195

Reporting Fishers

Commercial fishers are required under the Fisheries Act to provide logbook returns to the Fisheries Division listing catch effort and market details on a monthly basis NT DPIFM

bull Annual status and technical reports and bull Spanish mackerel fishery assessment reports every 3-5 years

Research Queensland the Northern Territory and Western Australia have commenced collaborative research projects on Spanish mackerel that seek to address the limitations in information that is currently available for stock assessment and management This information will provide an improved understanding of stock relationships throughout northern Australia Such research projects include the FRDC funded study Stock Structure of northern and Western Australian Spanish mackerel (98159) and Stock Assessment of Spanish mackerel (Scomberomorus commerson) in Western Australia (99151) A summary of the Northern Territory Strategic Plan for Fisheries Research and Development 2005-2009 Wild harvest Spanish Mackerel is provided below

196

The

Nor

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and

Dev

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5-20

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Proj

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= H

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M =

Med

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NT

= N

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E =

Ext

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Y =

Yet

to b

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PLA

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N

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of t

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]

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200

9

2005

ndash 2

006

20

05 ndash

200

8

4 ye

ars

PRO

TE

CT

ION

OF

BIO

DIV

ER

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Y

The

troph

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ps b

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een

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ent d

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ed i

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tion

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iet a

nd it

s ass

ocia

tions

Non

-ta

rget

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ch d

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ente

d

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k as

sess

men

t of f

ishe

ry im

pact

s on

by-

catc

h b

ypro

duct

- In

form

atio

n on

die

t of

Spa

nish

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kere

l an

d by

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ch t

o be

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llect

ed d

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ring

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ion

on o

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pe

lagi

c fis

h [M

]

Y Y

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year

s

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ars

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M

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AT

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rmat

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ecre

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atch

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ars

Appendix A 197

Consultation Spanish Mackerel Fishery Management Advisory Committee (include representatives from both commercial and recreational fishing sectors) (SMACFMAC)

Supporting documentsreports (NT DPIFM) bull Spanish mackerel stocks and management arrangements are reviewed annually

through the production of the Spanish Mackerel Status Report and the l Technical Report providing updated catch trends and status of the Spanish mackerel fishery These reports are available to the public online through the Departmentrsquos website or in hard copy through the Fisheries Division

bull Fishery Status reports and bull Northern Territory Strategic plan for fisheries research and development 2005-

2009

References Submission to DEWHA

bull Assessing the ecological sustainability of the Northern Territory Spanish Mackerel Fishery compiled by Annette OrsquoGrady (May 2002) a report prepared for Environment Australia as required for assessment under the EPBC Act 1999

DEWHA assessment

bull Assessment of the Northern Territory Spanish Mackerel Fishery (January 2003) Marine and Water Division Environment Australia

Legislation Commonwealth legislation

bull Wildlife Protection (Regulation of Export and Imports) Act 1982 bull Environment Protection and Biodiversity Conservation (EPBC) Act 1999 and bull NT are signatories to the National Policy on ESD and the National ESD

framework for Australian fisheries NT State legislation

bull NT Fisheries Act 1998 bull Review of the Fisheries Act 1998 a discussion paper (February 2006) and bull NT Fisheries Regulations (operational 1st January 1993)

Management

bull Spanish Mackerel Fishery Management Plan in force at 1st February1993 and bull Review of Spanish Mackerel Fishery Management Plan discussion paper

November 2000 Other

bull Northern Territory Strategic Plan for Fisheries Research and Development 2005-2009

198

bull Walters C and Buckworth R (1997) Shark and Spanish mackerel stocks

assessed Northern Territory Fisheries Industry Council Newsletter July 1997 8(2)14-15

bull Fishery Status Report 1999 bull Fishery Status Report 2000 bull Fishery Status Report 2001 bull Fishery Status Report 2002 bull Fishery Status Report 2003 bull Fishery Status Report 2004 bull Mackerel and Reef Fisheries ndash A Review of the NT 1979 bull Spanish Mackerel ndash Age Structure of the Commercial Catch of Northern bull Territory Narrow-Barred 1998 bull Spanish Mackerel ndash Future Management Options for the NT Fishery 2000 and bull Spanish Mackerel Fishery ndash Fishery Assessment Report for the NT 1999

Part 2 DEWHA assessment of the 2NT Spanish Mackerel Fishery

The assessment

The submission has been assessed in accordance with the protected species provisions of Part 13 and the wildlife trade provisions of Part 13A of the EPBC Act The assessment includes

bull 2Department of the Environment and Heritagersquos Assessment Report (January 2003)

bull 2Accreditation of a Plan of Management for the Purposes of Part 13 (4th February 2003)

bull 2Amendment of List of Exempt Native Specimens ndash Gazetted on Friday 28 March 2003 No S101

bull 2Ministerial decision (4th February 2003) and bull 2Agency submission on ecological sustainability (May 2002)

DEWHA assessment report

Assessment of the Northern Territory Spanish Mackerel Fishery (January 2003) Marine and Water Division Environment Australia (Overall assessment selections from page 4) The material submitted by NT Fisheries indicates that the fishery operates in accordance with the Commonwealthrsquos Guidelines for the ecologically sustainable management of fisheries As the official fishery area encompasses Commonwealth as well as State waters consideration under Part 13 of the EPBC Act is required regarding the impact of the fishery on listed threatened species listed migratory species cetaceans and listed marine species A number of protected species occur in the fishery area EA is satisfied that the monitoring of interactions assessment of the impacts current management responses and triggers for future management are sufficient to ensure that all persons engaged in fishing are required to take all reasonable steps to minimise impacts EA considers that the fishery is unlikely to have an unacceptable

Appendix A 199

impact on protected species EA recommends that this fishery be accredited under Part 13 of the EPBC Act The assessment concludes that the fishery is managed in an ecologically sustainable way EA recommends that the export of species taken in the fishery should be exempt from the export permit requirements of Part 13A of the EPBC Act with that exemption to be reviewed in five years

2Ministerial decision The management arrangements for the fishery meet the Commonwealths Guidelines for the Ecologically Sustainable Management of Fisheries For the purposes of the wildlife trade provisions in part 13A of the EPBC Act the management arrangements provide the basis for the fishery to be managed in an ecologically sustainable way Therefore the Minister amended the list of exempt native specimens to include all specimens taken in the Spanish Mackerel Fishery for a period of five years Such listing will serve to exempt the fishery from other export controls of the Act and exempt exporters from requiring export permits under the Act To further strengthen the effectiveness of the management arrangements for the SMF and to contain the environmental risks in the medium to long term a series of recommendations have been developed The implementation of these recommendations and other commitments made by NT Fisheries in the submission will be monitored and reviewed as part of the next Commonwealth review of the fishery in five years time Before the next review in 2008 NT Fisheries will

Recommendations

1 Inform Department of the Environment and Heritage of any future amendment to the management regime for the Spanish Mackerel Fishery

2 Formalise the objectives performance indicators trigger points and management actions outlined in Table 1 of the NT submission into the Spanish Mackerel Management plan where appropriate

3 Implement the Byproduct Action Plan for fisheries targeting species other than Spanish mackerel within the first year

4 Report on objectives performance indicators and triggers in the annual status report

5 Conduct a compliance risk assessment for the Spanish Mackerel Fishery 6 By 2005 formalize guidelines including clear timeframes for implementation

for undertaking review of the fisheries management arrangements once reference points and triggers are reached

7 Continue to seek out alternative cost effective fishery independent sampling techniques and report outcomes in the annual status report

8 Include yearly results of observer surveys (including information on target species bycatch and protected species interactions) in the annual status report and implement alternative data collection validation techniques if observer trips are no longer feasible

200

9 Make reporting of all protected species interactions compulsory and implement an education program to ensure industry has the capacity to make accurate reports

10 Gather information that would support a move to a precautionary biological reference point for Spanish mackerel

11 Monitor the species composition of bycatch and byproduct with a view to undertaking a more rigorous risk analysis if there is a significant increase in the catch of individual species

12 Monitor the size composition of the commercial catch of Spanish mackerel and introduce additional management measures if the catch composition shifts to pre mature fish

Appendix A 201

Queensland fisheries bull 2Blue Swimmer Crab Pot Fishery bull 2Coral Fishery bull 2Coral Reef Fin Fish Fishery bull 2Deepwater Finfish Fishery bull 2Developmental Jellyfish Fishery bull 2Developmental Slipper Lobster

Fishery bull 2East Coast Inshore Finfish

Fishery bull 2Finfish (Stout Whiting) Trawl

Fishery bull 2Gulf of Carpentaria

Developmental Finfish Trawl Fishery

bull 2Gulf of Carpentaria Inshore Finfish Fishery

bull 2Gulf of Carpentaria Line Fishery bull 2East Coast Beche-de-mer Fishery

bull 2East Coast Otter Trawl Fishery bull 2East Coast Pearl bull 2East Coast Spanish Mackerel

Fishery bull 2East Coast Trochus Fishery bull 2East Coast Tropical Rock

Lobster Fishery bull 2Eel Fishery bull 2Marine Aquarium Fish Fishery bull 2Marine Specimen Shell Fishery bull 2Moreton Bay Developmental

Beche-de-mer Fishery bull 2Mud Crab Fishery bull 3River and Inshore Beam Trawl

Fishery bull 3Rocky Reef Finfish Fishery bull 3Spanner Crab Fishery

QLD DPI submissions to DEWHA

The submissions to DEWHA under the EPBC Act addressed the EPBC principles and objectives (ecological components only)

The QLD 3Coral Reef Fin Fish Fishery an example Part 1 provides a summary and details of the QLD DPI agency submission on ecological sustainability to DEWHA Part 2 provides summary information of DEWHA assessment of the fishery and the Ministerial decision conditions and recommendations

Part 1 QLD DPI submission to DEWHA (19 July 2005) Submission for the purposes of the protected species provisions of Part 13 and the wildlife trade provisions of Part 13A of the EPBC Act The following information is from the report Ecological assessment of the Queensland coral reef fin fish fishery A report to the Australian Government Department of Environment on the ecologically sustainable management of a multi-species line fishery in a coral reef environment (2005) Other relevant information that is included is sourced from the QLD (DPI) fisheries web documents and in each case source references are provided

A summary of the QLD (DPIFM) submission to DEWHA is provided in the table below and then in more detail under the same headings This is followed by other QLD (DPI) supporting documents and reports and references for this section

202

Legislation

Commonwealth legislation Great Barrier Reef Marine Park Act 1975 (Commonwealth)

Marine Parks Act 1982

Nature Conservation Act 1992

Environmental Protection and Biodiversity Conservation (EPBC) Act 1999

QLD legislation Fisheries Act 1994

Fisheries Regulations 1995

Integrated Planning Act 1997

Management

Management plans and regulations Fisheries (Coral Reef Fin Fish Fishery) Management Plan 2003

Code of practice DPIampF intends to hold a stakeholder workshop in early 2005 to develop a code of practice for commercial line fishers on discarding fish Both the commercial and recreational sectors have voluntary Codes of Practice that explicitly refer to minimising and reporting interactions with TEP species

Harvest strategies TAC and ITQs with limited entry catch quota management scheme As part of the ELF project the CRC Reef has evaluated a number of alternative management strategies which has been used to inform management decisions The use of ELFSim a model designed to simulate responses to management changes based on information gained during the ELF project also helps inform management data

Spatial management Zoning and temporal closures

Assessment Stock assessment Target species no formal stock assessment model

has been applied but status is assessed using fishery dependent (logbooks) and independent information

EIS No Risk assessment No however processes have been put in place in

the CRFFF to increase the information available on interactions with ETP species a detailed risk assessment of the actual and potential impacts to particular speciesgroups is still some time off Accordingly in producing this ecological assessment DPIampF contacted a number of experts knowledgeable about different ETP species and threats to them and asked them to rate the likelihood and severity of interactions with the CRFFF

Economic components No

Appendix A 203

Social components No

Governance No

Monitoring and performance Monitoring The DPIampF statewide Long Term Monitoring

Program (LTMP) started in 1999 Performance indicators and trigger points A detailed evaluation and review process for the

CRFFF has been included as a fundamental of the new management arrangements The evaluation and review measures also provide a trigger for responses where the objectives are not being achieved The Plan does not prescribe the type of management measures that will be triggered by review events nor the timeframes in which management change should occur in the event of a review being triggered

Observer program An observer program enabling the placement of observers on commercial line fishing vessels operating on the GBR will be explored further in the coming months and if possible be developed for implementation later in 2005 As part of its ELF program CRC Reef conducted direct observations using at sea observers of commercial fishing operations in the CRFFF over a two-year period from 1996-1998

Reporting Fishers Daily logbook records must be returned to DPIampF

at the end of each month QLD DPI Annual status reports first report planned 2006 Research

Research The Scientific Advisory Group (SAG) of Reef MAC reviewed the research needs for the fishery and a number of projects were identified as priorities

Consultation

Management Advisory Committees (MACs)

QLD (DPI) submission to DEWHA in more detail

Legislation Acts Commonwealth legislation

bull Great Barrier Reef Marine Park Act 1975 (Commonwealth) bull Marine Parks Act 1982 bull Nature Conservation Act 1992 and bull Environmental Protection and Biodiversity Conservation (EPBC) Act 1999

204

QLD State legislation bull Fisheries Act 1994 bull Fisheries Regulations 1995 and bull Integrated Planning Act 1997

Management

Plan and regulations

Fisheries (Coral Reef Fin Fish Fishery) Management Plan 2003

A comprehensive revision and restructure of the management arrangements in the CRFFF has recently been completed and implemented The fishery is now managed through the Fisheries (Coral Reef Fin Fish) Management Plan 2003 (the Plan) legislated under the Fisheries Act 1994

The Coral Reef Fin Fish Fishery (CRFFF) is a diverse fishery that includes commercial recreational charter and indigenous fishers The fishery is almost exclusively based within the Great Barrier Reef (GBR) with over 95 percent of the total catch taken within the Great Barrier Reef Marine Park (GBRMP) This adds additional responsibilities to manage the fishery with respect to the world heritage area values for which the GBR has been listed An important tourism industry worth hundreds of millions of dollars to the Australian economy also operates in the Great Barrier Reef World Heritage Area (GBRWHA) in the same areas as the CRFFF

The commercial sector is focused on a relatively small number of target species Coral trout (Plectropomus spp) and red throat emperor (Lethrinus miniatus) are the two key species groups representing approximately two thirds of the unitised commercial catch under the quota arrangements recently introduced into the fishery A further 80 to 100 species of coral reef fin fish from a number of families comprise the remainder of the commercial catch generally caught only in low quantities There is little difference between target and bycatch species in the CRFFF The species that comprise the majority of the lsquobycatchrsquo from the fishery are actually target species released or discarded for a variety of reasons The Plan has enhanced DPIampFrsquos ability to ensure the sustainability of the major bycatch species The Plan specifically mentions bycatch as an issue potentially affecting the long term sustainability of the fishery and includes a review event relating to bycatch species DPIampF considers that few biological or ecological risks exist to the bycatch species in the CRFFF

DPIampF and its predecessors have assumed ultimate responsibility for the management of fish stocks in the CRFFF however a number of organisations have also been involved in the management of the fishery Management arrangements administered by the following State and Commonwealth agencies apply to the CRFFF

Appendix A 205

bull Department of Primary Industries and Fisheries ndash DPIampF (State) bull Environmental Protection Agency Queensland Parks and Wildlife Service ndash

(EPAQPWS) (State) and bull Great Barrier Reef Marine Park Authority ndash GBRMPA (Commonwealth)

Summary of key management arrangements under the Plan

1 Designation of a comprehensive list of coral reef fin fish such that all species caught in the CRFFF are managed under the Plan

2 Minimum legal size limits implemented for all designated CRFF species and applicable to all fishers

3

Significant reduction in the number of commercial operators able to fish in the CRFFF (from 1700 to approximately 412) through allocating lsquoRQrsquo (reef quota) symbols only to those fishers able to demonstrate a historical involvement in the fishery (above a certain level)

4

Significant reduction in commercial catches through the introduction of a commercial total allowable catch (TAC) of 3061 tonnes for all CRFF species in total separated into three categories for coral trout (1350 tonnes) red throat emperor (700 tonnes) and lsquoother speciesrsquo (1011 tonnes)

5 Sharing of the commercial TAC among eligible RQ-endorsed fishers through a tradeable quota system (again based on the historical catches of the fisher)

6 Reduced recreational possession limits applicable to all non-commercial fishers for all coral reef fin fish in total (20 fish maximum) and for individual speciesspecies groups (variable between 5-10 fish)

7 Listing of 7 coral reef fin fish as no take due to their iconic status or ciguatoxic concerns

8 Requirement that fishers (except for those with a filleting permit) land all coral reef fin fish

whole (ie not filleted) to overcome identification and measurement difficulties in enforcing minimum legal size and possession limits

9 Three annual nine-day spawning closures implemented fishery-wide and for all fishers to protect the spawning potential of key coral reef fin fish species

10 A comprehensive evaluation and review process to ensure that the Plan is achieving its stated objectives of promoting applying and balancing the principles of ecologically sustainable development

206

Code of practice

DPIampF intends to hold a stakeholder workshop in early 2005 to develop a code of practice for commercial line fishers on discarding fish Both the commercial and recreational sectors have voluntary Codes of Practice that explicitly refer to minimising and reporting interactions with TEP species

Harvest strategies

The main measures are a TAC and ITQs with limited entry catch quota management scheme As part of the ELF project the CRC Reef has evaluated a number of alternative management strategies which has been used to inform management decisions The use of ELFSim a model designed to simulate responses to management changes based on information gained during the ELF project also helps inform management data

Spatial management

bull Zoning with area closures or restrictions (under the Fisheries Act 1994 and the Marine Parks legislation) and

bull Closures during spawning season

Three annual 9-day closures have been implemented in the CRFFF under the Plan to protect spawning aggregations from fishing during their most vulnerable time The closures extend to all east coast Queensland tidal waters between 10ordm41rsquosouth and 24ordm50rsquosouth in which coral reef fin fish stocks are found and apply to all fishers (commercial recreational and charter) The waters are closed for 6 days prior to and 2 days following the new moon (9 days) during the three lunar cycles in late SeptemberOctober to December in 2004-2008

Rezoning of the Great Barrier Reef Marine Park through the Representative Areas Program With over 95 percent of commercial CRFF catches and the major share of recreational catches taken within the boundaries of the GBRMP the zoning arrangements within the Marine Park have a significant effect on the operation and long-term sustainability of the CRFFF The World Heritage Area (WHA) status of the GBR confers an additional responsibility to manage the fishery with respect to the WHA values for which the GBRMP has been listed The rezoning of the GBRMP introduced on July 1st 2004 following the Representative Areas Program (RAP) has significantly enhanced the network of closed areas Under the new zoning arrangements approximately 33 of the marine park area is now included in green zones which are closed to all extractive uses including commercial and recreational fishing The new network of closed areas has considerably increased the level of protection afforded to ecological communities within the GBRMP and will certainly produce flow on benefits to the CRFFF

Appendix A 207

As part of the Representative Areas Program the Australian Government agreed to implement a structural adjustment package for those significantly affected by the rezoning This has effectively reduced the total quota by approximately 10

Assessment

Stock assessment

Target Under the new Plan a lsquocatch upper limitrsquo for the commercial sector has been set through a commercial TAC which is distributed as line units among eligible licence holders Licence holders were allocated an RQ symbol to commercially take CRFF species based on their historical involvement in the fishery

The new Management Plan deals directly with excess fishing capacity through a catch quota management scheme intended to reduce and cap the commercial harvest at 3061 tonnes down from catches in 2002 of 4500 tonnes The restructuring of the commercial line fishing fleet is aimed at addressing the latent (excess) fishing capacity that currently exists on Queenslandrsquos east coast Together with the quota allocation a reduction in the number of licenses will ensure a more economically viable line fishing fleet A number of factors have traditionally impeded the development of an accurate assessment methodology for the species involved in the CRFFF A large degree of the difficulty relates to the complex life history characteristics exhibited by the various CRFFF species groups and families Although no formal stock assessment model has yet been applied to CRFFF species DPIampF and other organisations involved in the fishery have assessed the status and sustainability of the CRFFF based on the extensive fishery-dependent and independent information available which are based primarily on fishery-dependent data (eg commercial logbooks RFISH diaries) are produced for each of Queenslandrsquos state managed fisheries including the CRFFF when required It is anticipated that a Condition and Trend report for the CRFFF will be undertaken during 20052006 allowing adequate time for the fishery to adjust to recent management changes

It was agreed at a meeting of the SAG in October 2004 that formal stock assessments will be undertaken jointly by DPIampF and CRC Reef for key CRFF species (ie common coral trout and red throat emperor) while risk assessments will be carried out for those secondary species that may be vulnerable to fishing pressure as a result of their biologylife history It is anticipated that the stock assessments will coincide with the completion of the CRC Reef ELF project A comprehensive fishery assessment is currently underway on red throat emperor

The planned use of observers on commercial fishing vessels within the CRFFF to directly observe and record catch and effort of commercial fishers will allow the collection of detailed information on fishing effort in hours species and sizes caught fish harvested and the fate of those not harvested and a range of other details not reported in the commercial logbooks In particular the observer program will assist in validating logbook returns

208

The Department of Primary Industries and Fisheries (DPIampF) and its various predecessors have developed an integrated Queensland Fisheries Information System (QFISH) to gather fishery dependent information on the fisheries under its management Fishery dependent information collected by DPIampF includes a complete daily census of commercial fishing activities via a compulsory logbook program and a regular large-scale statewide voluntary recreational fishing survey The information provides a longitudinal survey of fishing activities and fish catches including both target and byproduct species and more recently endangered threatened and protected species QFISH is one of the most comprehensive fishery-dependent information collection systems in Australia

In order to halt any further expansion of commercial fishing effort in the fishery the Department in consultation with the ReefMAC determined to apply the ldquoprecautionary principlerdquo in the face of incomplete scientific information (ie no formal stock assessment) Consequently the commercial TAC was set at approximately 10 below the 1996 commercial harvest level Future stock assessments will provide clarification on whether the commercial harvest is set at an appropriate level

BycatchByproduct

The definition of target byproduct and bycatch species is difficult (and somewhat arbitrary) for the CRFFF as it is for most multi-species fisheries The primary reasons for this difficulty are the diversity of speciesspecies groups present in the GBRMP the significant variations in spatial and temporal patterns of fish abundance and catchability the substantial and seasonally variable price differentials between the various species caught and the various product forms landed and the complications these factors create for accurate logbook recording of which speciesgroups are targeted and to what extent

DPIampF is committed to ensuring management of bycatch and byproduct is based on accurate and reliable information The Plan has recently introduced new requirements for measuring the means of achieving the objectives of the Plan Schedule 1 3(d) prescribes that Achievement of the main purpose must be measured by the following reliable information about the level of by-catch of coral reef fin fish regulated by species

Despite the scale of the CRFFF and its volume of catch limited information has been collected to quantify bycatch rates in the commercial sector The recently introduced Plan specifically mentions bycatch as an issue potentially impacting on the long-term sustainability of the fishery Schedule 1 of the Plan includes a specific bycatch review event which if exceeded will trigger a review of the achievement of the main purpose of the Plan The review event is that ldquothe level of bycatch of coral reef fin fish has increased by more than 10 in a 4 year periodrdquo

The most comprehensive and reliable existing information on commercial CRFF fishersrsquo bycatch comes from the CRC Reefrsquos Effects of Line Fishing (ELF) Program Over a two-year period from 1996-98 CRC Reef carried out an observer program on the lsquoliversquo and lsquodeadrsquo operators in the commercial sector as part of a FRDC-funded project (FRDC Project No 96138 Mapstone et al 2001)

Appendix A 209

TEP A number of species present in the waters of the CRFFF are protected under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act 1999) Great Barrier Reef Marine Park Regulations 1983 the Nature Conservation Act 1992 (NCA 1992) and the Fisheries Regulation 1995 There are no threatened ecological communities listed under the EPBC Act 1999 or its amendments within the area of operation of the CRFFF

Traditionally commercial fishers in the CRFFF have not been required to report interactions with ETP species The new LF04 and Species of Conservation Interest (SOCI) logbooks were introduced into the CRFFF from 1 July 2004 as part of the commencement of the new quota management arrangements The LF04 logbook contains a specific requirement for all Queensland line fishers to record on a daily basis if they have interacted with any species of conservation interest If an interaction has occurred the fisher must complete a separate SOCI logbook sheet detailing the species involved the time and location of the interaction and the condition of the individual following release

The introduction of the SOCI logbook for commercial fishers and information provided in future RFISH surveys will enhance DPIampFrsquos ability to assess the type and level of interactions with ETP species in the CRFFF A more accurate and quantitative assessment of interactions will in turn allow DPIampF in consultation with the Queensland EPA DEWHA and GBRMPA to implement more appropriate management There has been no formal assessment of the impact of the CRFFF on endangered threatened and protected (ETP) species responses

Habitats and ecosystems No specific studies have been conducted to date to determine the impacts of the CRFFF on the ecosystems with which the fishery interacts There is general consensus among fishers researchers and other stakeholders involved in ReefMACrsquos processes that the line fishing gear and methods utilised in the CRFFF are unlikely to impose significant negative impacts on the broader marine ecosystem This view is supported by the GBRMPA (2000a) which considers line fishing to be relatively benign in terms of impacts to the environment Two recent reviews of the collateral impacts of various fishing gears (Morgan and Chuenpagdee 2003 and AMCS 2004) have also assessed hook and line fishing as among the least harmful of all fishing methods with only minimal impacts to either benthic habitats or marine fauna

Risk assessment

The National Strategy for the Survival of Released Line Caught Fish an initiative of the FRDC is a collaborative research development and extension program aimed at quantifying and increasing the post release survival of released line-caught fish As part of the National Strategy McLeay et al (2002) conducted a preliminary risk assessment for the major line-caught fish species for each state The results for the Queensland component reveal that CRFFF species have variable susceptibility to post release mortality Coral trout (Plectropomus spp) and red throat emperor (Lethrinus miniatus) the two major commercial target species were both rated as having a medium

210

susceptibility to post release mortality relative to other species listed Sweetlips (Family Haemulidae) emperors (Lethrinus spp) tuskfish (Choerodon spp) and cods (Family Serranidae) were also rated a mid-range risk By comparison nannyai (Lutjanus malabaricus and L erythropterus) jobfish (Pristipomoides spp) and tropical snappers and seaperch (Lutjanus spp) all rated a relatively high risk

Although several processes have been put in place in the CRFFF to increase the information available on interactions with ETP species a detailed risk assessment of the actual and potential impacts to particular speciesgroups is still some time off Accordingly in producing this ecological assessment DPIampF contacted a number of experts knowledgeable about different ETP species and threats to them and asked them to rate the likelihood and severity of interactions with the CRFFF A research priority identified was a risk assessment for byproduct and by-catch species (also protected species)

Monitoring and Performance

Monitoring

The DPIampF statewide Long Term Monitoring Program (LTMP) started in 1999 The primary aim of the LTMP is to collect data to assess the resource (ranging from analysis of trends in stock abundance indices to more complex quantitative stock assessments) and to evaluate management strategies For example the type of data collected in monitoring surveys for the coral reef fin fish fishery Species Type of data collected Data collection method

Coral reef fin fish species abundance size sex and age for some target species and incidental catch

structured research line surveys catch sampling and commercial fishing surveys

Indicators and trigger points

A detailed evaluation and review process for the CRFFF has been included as a fundamental of the new management arrangements and adds a level of transparency and accountability to the management and review process of the fishery These provisions will measure the sustainability of the fishery in terms of target species bycatch and ecosystem impacts and matters of fair access to and community benefit from use of the fishery resources DPIampF is currently evaluating the adequacy of the current review event which is likely to result in changes which will make the reviews more quantitative and therefore measurable The evaluation and review measures also provide a trigger for responses where the objectives are not being achieved The evaluation and review section of the Plan also provides for dealing with high use areas adjacent to community centres The section requires that a review be undertaken where evidence indicates that localised depletion has occurred and provides for continued assessment of the performance of the quota management scheme Schedule 1 of the Plan provides for the events that will trigger an obligation to review the achievement of the main purpose of the Plan These triggers include review events

Appendix A 211

(a) Reliable information shows (i) the estimated abundance of coral trout or red throat emperor has in each of

the last 3 years decreased from the preceding year or (ii) the fish size and age distribution of coral trout or red throat emperor in a

region have in each of the last 3 years changed from the preceding year or

(iii) the fishery is having a significant impact on stocks of other coral reef fin fish

(b) Reliable information shows any of the following (i) the estimated abundance of coral reef fin fish has in each of the last 3

years decreased from the preceding year (ii) the fish size and age distribution for other coral reef fin fish have in each of

the last 3 years changed from the preceding year (iii) the level of by-catch of coral reef fin fish regulated by species has increased

by more than 10 in a 4 year period (c) Information in statistical returns required under the Act shows any of the following for the fishery

(i) recreational catch including recreational catch from commercial fishing tours in the fishery increased more than 10 in a 4 year period

(ii) commercial fishing or recreational fishing on commercial fishing tours in a region in a year increased more than 20 from the preceding year

(iii) the average commercial catch of coral trout red throat emperor or other coral reef fin fish in a region in each of the last 3 years decreased from the preceding year

(iv) a significant decrease in participation in commercial fishing tours in a period of at least 3 years

(d) Reliable information shows (i) a significant decrease in community compliance with this plan or (ii) increased significant community dissatisfaction with management of the

fishery and opportunity for fishing in the fishery (e) Reliable information from an economic study about the fishery shows a significant decrease in the fisheryrsquos economic efficiency (f) Compliance with the requirements under the Act about statistical returns for any of the following decreases progressively or significantly

(i) commercial fishers and commercial fishing tours for the fishery (ii) holders of RQ licences (iii) commercial buyers of coral reef fin fish

(g) The chief executive does not receive information about levels of recreational catch and participation for the fishery and (h) The chief executive reasonably believes information given to the chief executive by commercial or recreational fishers or commercial fishing tour operators under the Act is not accurate The Plan does not prescribe the type of management measures that will be triggered by review events nor the timeframes in which management change should occur in the event of a review being triggered DPIampF is hesitant to become overly prescriptive in regulation This is particularly the case in regard to review events which may in fact be triggered by shifts outside the control of fisheries management such as international

212

disasters (eg SARS and the recent Tsunami disaster) market changes and industry adjustment to new management arrangements (from DPIampF GBRMPA or EPA) DPIampF would prefer to maintain a level of flexibility in the arrangements while still ensuring that adequate review is built into the Plan These points also apply to why broad figures are used in the review events and in particular why they are in relative terms rather than gross figures

Observer program

The planned use of observers on commercial fishing vessels within the CRFFF to directly observe and record catch and effort of commercial fishers will allow the collection of detailed information on fishing effort in hours species and sizes caught fish harvested and the fate of those not harvested and a range of other details not reported in the commercial logbooks In particular the observer program will assist in validating logbook returns An observer program enabling the placement of observers on commercial line fishing vessels operating on the GBR will be explored further in the coming months and if possible be developed for implementation later in 2005 This activity should be coordinated with other similar activities being undertaken for the management and monitoring of other fishery stocks (eg Spanish mackerel) to ensure that effort in developing such a program and fisher contact during the program is not duplicated To assist in monitoring the bycatch of the fishery DPIampF is also implementing an observer program onboard commercial vessels as part of the monitoring strategy for coral reef fish As part of its ELF program CRC Reef conducted direct observations using at sea observers of commercial fishing operations in the CRFFF over a two-year period from 1996-1998 (Mapstone et al 2001a) Both lsquolive fishingrsquo and lsquodead fishingrsquo operations were observed

Reporting Fishers All commercial fishers in Queensland have a legal obligation to provide information about their fishing activity (through daily logbook recording) Fishery-dependent data from the commercial sector of the fishery is collected via CFISH ndash the Commercial Fisheries Information System Since its commencement in 1988 CFISH has collected daily data from commercial fishers about their commercial fishing activity through the use of compulsory logbooks The daily logbook records must be returned to DPIampF at the end of each month for fisheries such as the Coral Reef Fin Fish Fishery (CRFFF) Two independent investigations of the accuracy of the logbook-derived total catch information suggest that logbook data are not substantially different to the independent estimates of total catch

Appendix A 213

QLD DPI To provide more frequent information to the public DPIampF prepares annual status reports for each individual fishery throughout the year The 2006 Status reports lists the Coral Reef Fin Fishery but is not yet available

Research A range of fishery-dependent and independent research and monitoring is routinely undertaken to ascertain the participation in the fishery and level of harvest from all sources In addition research projects investigate the life history biology and ecology of the species and habitats of the CRFFF and on the dynamics of the fishery and its various sectors

The dynamic nature of fish stocks and fisheries dictates that these research priorities will change particularly when significant new management arrangements are introduced Consequently the Scientific Advisory Group (SAG) of Reef MAC recently reviewed the research needs for the fishery The following projects were identified as priorities

bull Improved validated catch and effort data for ReefMAC species in all fishing sectors

bull Determine the degree of change in fishing practices for ReefMAC species resulting from recent management changes on social and economic dimensions

bull Risk assessment for byproduct and by-catch species (particularly OS quota group but also protected species)

bull Development of a framework for assessing social consequences of management actions in the Reef Line Fishery

bull Determine (or improve knowledge of) the basic biology including reproductive biology and behaviour of ReefMAC species

bull Evaluate the effectiveness of zoning and marine protected areas as tools for managing ReefMAC stocks on an ecological and social basis

bull Estimate survival of releaseddiscarded line-caught fish (focus on pelagics and sharks)

bull Improving compliance in the line fisheries through an understanding of fisher behaviour

bull External environmental impacts on ReefMAC managed species bull Determine the degree to which the reef-line fishery has extended into new deep-

water grounds and assess the vulnerability of deep-water target species to exploitation

bull Assess the vulnerability of large-mouth nannygai (Lutjanus malabaricus) and small-mouth nannygai (L erythropterus) to fishing pressure and determine the appropriateness of current management measures

bull Identify and evaluate appropriate performance measures for ReefMAC stocks and their fisheries

bull Stock assessment of coral trout (Plectropomus spp)

214

bull Stock assessment of Spanish mackerel (Scomberomorus commerson) bull Stock assessment of snapper (Pagrus auratus) including impacts of habitat

change bull Risk assessment of the impacts of anchor damage bull Effective monitoring of by-catch species and bull Development of size specific fishing techniques for Spanish mackerel

The priorities identified by Reef MAC and the SAG were rated on the basis that areas of limited information were of a higher priority than core business or current research projects already underway The priorities will be ratified by the SAG in April 2005 and will guide both research and monitoring in the near future In addition to the above research and monitoring priorities DPIampF is able to access the results of three ongoing research programs that focus specifically on the species harvested in the CRFFF These programs are the primary sources of current information on the CRFFF and include

bull DPIampF Long Term Monitoring Program (hereafter the DPIampF LTMP) bull Australian Institute of Marine Science Long Term Monitoring Program

(hereafter the AIMS LTMP) and bull CRC Reef Effects of Line Fishing Project (hereafter the CRC Reef ELF

Project) Queensland Fisheries 2010 Vision ndash Ensuring a sustainable future for all (QFISH foresight project) A strategic planning and futuring project designed to create a strong coordinated commitment by all stakeholders to an agreed vision of Queensland Fisheries of the future The projects objectives are

bull To promote cultural change in the fishing industry through scenario planning bull To provide an holistic framework for the development of the fishing industry in

Queensland including all stakeholders eg commercial recreational indigenous charter boat operators aquaculture marketeers environmental groups and

bull To promote both ecological and economic sustainable development through cooperative planning

Consultation Management Advisory Committees (MACs) provide advice to Department of Primary Industries and Fisheries (DPIampF) on the development of appropriate management arrangements for Queensland fisheries Seven MACs have been formed

bull Trawl MAC bull Reef MAC bull Crab MAC bull Gulf of Carpentaria MAC bull Inshore finfish MAC bull Harvest fisheries MAC and bull Freshwater MAC

Appendix A 215

Queenslandrsquos seven MACs play a vital role in providing expert advice information and recommendations to DPIampF on the management use protection and development of fisheries resources MACs are made up of individuals who offer expertise from a range of backgrounds including all major fishing interest groups local authorities and other natural resource management agencies The MACs are independently chaired Specific tasks undertaken by MACs include

bull Advising on the development of discussion papers and other planning processes

bull Advising on draft policy to be released for stakeholder and community consultation

bull Identifying and advising on priority research needs and bull Addressing specific fisheries management issues and making recommendations

to DPIampF on a needs basis

Supporting documentsreports (QLD DPI) bull 2006 Status report for the coral reef fin fish fishery listed but not yet available bull Fisheries resource allocation policy (30 June 2003) bull Queensland Fisheries 2010 Vision Ensuring a Sustainable Future for all (draft

currently with interested parties for comment) bull Preferred Scenario for Queensland Fisheries in 2010 (draft currently with

major stakeholders for comment) bull Individual Stakeholder Scenarios in 2010 (draft currently with major

stakeholders for comment) and bull Looking after protected species in Queensland a comprehensive guide for

commercial fishers (2005) QLDDPIF

References Submission to DEWHA Ecological assessment of the Queensland coral reef fin fish fishery A report to the Australian Government Department of Environment on the ecologically sustainable management of a multi-species line fishery in a coral reef environment (2005) Claire Andersen Kadesh Clarke Jim Higgs and Shannon Ryan With contributions from Danny Brooks Mark Elmer Malcolm Dunning Brad Zeller Jeff Bibby Lew Williams Clare Bullock Stephanie Slade and Warwick Lee (DPIampF Fisheries) Ian Brown and Wayne Sumpton (DPIampF Animal Sciences) Gavin Begg and Ashley Williams (CRC Reef )Bob Grimley (DPIampF Queensland Boating and Fisheries Patrol) Queensland Government Department of Primary Industries and Fisheries DEWHA Assessment Assessment of the Queensland Coral Reef Finfish Fishery (October 2005) Australian Government Department of the Environment and Heritage Legislation Commonwealth legislation

bull Great Barrier Reef Marine Park Act 1975 (Commonwealth) bull Marine Parks Act 1982

216

bull Nature Conservation Act 1992 and bull Environmental Protection and Biodiversity Conservation Act 1999

QLD State Legislation

bull Fisheries Act 1994 bull Fisheries Regulations 1995 and bull Integrated Planning Act 1997

Management

bull Fisheries (Coral Reef Fin Fish Fishery) Management Plan 2003 and bull Fisheries Status reports

Other

bull Mcleay L Jones K and Ward T 2002 National strategy for the survival of line-caught fish ndash a review of research and fishery information Draft final report for comments by workshop participants March 20 2002 FRDC Project 2001101 Fisheries research and development corporation and SARDI and

bull FRDC Project No 96138 Mapstone et al 2001

Part 2 DEWHA Assessment of the QLD 3Coral Reef Fin Fish Fishery

The assessment

The submission has been assessed for the purposes of the protected species provisions of Part 13 and the wildlife trade provisions of Part 13A of the EPBC Act

bull Department of Environment and Heritage assessment report (October 2005) bull 3Accreditation of a Plan of Management for the Purposes of Part 13 (16

November 2005) bull 3Declaration of an approved Wildlife Trade Operation ndash Gazetted on Wednesday

23 November 2005 GN 46 bull 3Amendment of List of Exempt Native Specimens ndash Registered Wednesday 23

November 2005 F2005L03688 bull 3Ministerial Decision (16 November 2005) bull 3Agency submission on ecological sustainability (2005) and bull Invitation to comment closed Monday 18 July 2005

DEWHA assessment

Assessment of the Queensland Coral Reef Finfish Fishery (October 2005) Australian Government Department of the Environment and Heritage (Overall assessment pgs 4-5) The material submitted by DPIampF demonstrates that the management arrangements for the CRFF meet the requirements of the Australian Government Guidelines for the Ecologically Sustainable Management of Fisheries While the fishery is relatively well managed DEWHA has identified a number of risks that must be managed to ensure that impacts are minimised

Appendix A 217

bull Absence of stock and risk assessments for target byproduct and bycatch species

bull Lack of information on total mortalities of target byproduct and bycatch species

bull Lack of validation of target and byproduct catch logbook data bull Lack of performance measures for byproduct of non-coral reef finfish protected

species and the ecosystem generally bull Lack of a risk-based compliance program bull Lack of robust estimates of recreational catch and bull Lack of consideration of recreational catch in the estimate of the sustainable

level for a TAC The operation of the fishery is consistent with the objects of Part 13A of the EPBC Act DEWHA recommends that the fishery be declared an approved Wildlife Trade Operation (WTO) Specifically the WTO declaration would allow the export of product from the fishery for a period of three years As the official fishery area encompasses Commonwealth as well as State waters consideration under Part 13 of the EPBC Act is required regarding the impact of the fishery on listed threatened species listed migratory species cetaceans and listed marine species Protected species occurring in the fishery area include marine turtles dugong cetaceans sharks and seabirds The available evidence from fishery-dependent and fishery-independent studies suggests that there are limited interactions with protected species and DEWHA concurs with DPIampFrsquos assessment that line fishing gear is likely to have negligible impacts on protected species There are no listed threatened ecological communities in the fishery area The assessment also considers the possible impacts on the World Heritage Values of the Great Barrier Reef Marine Park (GBRMP) since approximately 95 of the catch of the CRFF is taken in the GBRMP DPIampF notes that it is committed to protecting the values of the Park and that line fishing gear has negligible impacts on benthic communities DEWHA believes that the CRFF Management Plan together with increased area closures in the Park under the Representative Areas Program and the implementation of recommendations made in this assessment will provide adequate protection for the World Heritage Values of the GBRMP The implementation of recommendations and other commitments made by DPIampF in the submission will be monitored and reviewed as part of the next DEWHA review of the fishery in three years time

Ministerial decision

The management arrangements for the Coral Reef Finfish Fishery meet the requirements of Part 13 of the EPBC Act Accreditation of the management arrangements will ensure that individual fishers operating in accordance with the management arrangements are not required to seek permits in relation to interactions with protected species in Commonwealth waters

218

Performance against the Australian Government Guidelines for the Ecologically Sustainable Management of Fisheries is adequate however there are a number of issues that need to be addressed to contain environmental risks in the longer term Hence I propose to declare the fishery an approved Wildlife Trade Operation (WTO) under Part 13A of the EPBC Act This declaration would allow the export of product from the fishery for the next three years The declaration subject to the conditions and recommendations below Conditions Conditions on the approved wildlife trade operation declaration for the Coral Reef Finfish Fishery

1 Operation of the fishery will be carried out in accordance with the Fisheries (Coral Reef Fin Fish) Management Plan 2003 in force under the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulation 1995

2 DPIampF will inform the Department of the Environment and Heritage (DEWHA) of any intended amendments to the Coral Reef Finfish Fishery management regime that may affect the sustainability of the target species or negatively impact on bycatch protected species or the ecosystem

3 Reports to be produced and presented to DEWHA annually and to include

bull information sufficient to allow assessment of the progress of DPIampF in implementing the recommendations made in the Assessment of the Coral Reef Finfish Fishery

bull a description of the status of the fishery and catch and effort information

bull a statement of the performance of the fishery against objectives performance indicators and measures once developed and

bull research undertaken or completed relevant to the fishery Recommendations

1 DPIampF to inform DEWHA of any intended amendments to the management arrangements that may affect sustainability of the target species or negatively impact on bycatch protected species or the ecosystem

2 From 2006 DPIampF to report publicly on the status of the CRFF on an annual basis including explicitly reporting against each performance measure

3 DPIampF to reassess the review events in the Fisheries (Coral Reef Fin Fish) Management Plan 2003 to ensure their appropriateness that they are quantitative where possible and they are consistent with the application of operational objectives for the fishery By December 2006 DPIampF is to establish revised objectives performance measures and indicators for bycatch protected species and impacts on the ecosystem

4 DPIampF to monitor the status of the fishery in relation to the review events and performance measures Within three months of becoming aware that a review

Appendix A 219

event has been triggered DPIampF to finalise a clear timetable for the implementation of appropriate management responses

5 DPIampF to complete a compliance risk assessment for the CRFF by mid 2006 and implement a risk-based compliance strategy by December 2006 taking into account risks associated with non-compliance with

bull catch possession size and gear limits bull reporting of protected species interactions bull area and fishery closures and bull quota limits

6 DPIampF to implement a program to validate logbook data by June 2006 DPIampF to ensure that the program enables collection of information on the composition of lsquoother coral reef fin fishrsquo sufficient for DPIampF to monitor and respond to changes in the composition of this group

7 By end 2006 DPIampF to develop a robust and regular fishery assessment process that provides a basis for management decisions which are precautionary and recognise the uncertainty and level of risk The assessment process will examine the ecological sustainability of the take of Coral trout (Plectropomus leopardus) and Red-throat emperor (Lethrinus miniatus) using robust stock assessments

8 Within 18 months DPIampF to undertake a risk assessment to identify lsquoother coral reef finfishrsquo most at risk from the fishery Actions seeking to reduce risk to be implemented as appropriate within a further 12 months

9 DPIampF to develop a process to improve estimates of recreational take and factor this into stock assessments and management controls to ensure overall catch levels are sustainable

10 DPIampF to reassess the appropriateness of the total allowable commercial catches for the main target species and lsquoother coral reef finfishrsquo taking into account the outcomes of the stock and risk assessments for CRFF species by end 2007

11 DPIampF to review current management arrangements and ensure that adequate protection is being given to spawning stocks of the main target species

12 DPIampF to use the results of stock and risk assessments and research projects to review the need for specific bycatch management measures and introduce effective and appropriate methods to reduce bycatch or increase survivability as needed

13 DPIampF to continue to work with industry and other management agencies to reduce the impact of the CRFF on the broader ecosystem including impacts relating to anchoring

220

South Australian fisheries bull 3Abalone Fishery bull 3Beach-cast Seagrass and Marine

Algae Fishery bull 3Blue Crab Fishery bull 3Giant Crab Fishery bull 3Lakes and Coorong Fishery bull 3Marine Scalefish Fishery bull 3Pilchard Fishery

bull 3Prawn Trawl Fisheries bull 3Rock Lobster (Jasus edwardsii)

Fishery bull 3Scallop and Turbo Fishery bull 3Seahorse Marine Services bull 3Sea Urchin Fishery bull 3Specimen Shell Fishery

SA PIRSA submissions to DEWHA

The submissions to DEWHA addressed the EPBC principles and objectives (ecological and included economic social and governance components)

The SA Lakes and Coorong 3 Fishery an example Part 1 provides a summary and details of the SA PIRSA agency submission on ecological sustainability to DEWHA Part 2 provides summary information of DEWHA assessment of the fishery and the Ministerial decision conditions and recommendations

Part 1 SA PIRSA submission to DEWHA (September 2005) Submission for the purposes of the wildlife trade provisions of Part 13A of the EPBC Act The following information is from the report Ecological Assessment of the South Australian Lakes and Coorong Fishery Assessment Report Prepared for the Australian Government Department of Environment and Heritage against the Guidelines for the Ecologically Sustainable Management of Fisheries For the purposes of Part 13(A) of the Environment Protection and Biodiversity Conservation Act 1999 5 September 2005 Other relevant information that is included is sourced from the SA (PIRSA) fisheries web documents and in each case source references are provided

A summary of the SA (PIRSA) submission to DEWHA is provided in the table below and then in more detail under the same headings This is followed by other SA (PIRSA) supporting documents and reports and references for this section Legislation International United Nations Convention on the Law of the Sea

1982 Ramsar Convention

Commonwealth legislation Environmental Protection and Biodiversity Conservation (EPBC) Act 1999

State legislation The Fisheries Act 1982 insofar as this Act applies to the River Murray seeking to further the objects of the River Murray Act 2003 and the objectives of a healthy

Appendix A 221

River Murray under that Act Review of fisheries Act Fisheries (Scheme of Management ndash Lakes and Coorong Fishery) Regulations 1991 Fisheries (General) Regulations 2000 Fisheries (Management Committees) Regulations 1995

Management Management plans and regulations Draft Management Plan for the South Australian

Lakes and Coorong Fishery 2005-2010 (July 2005)

Codes of practice FRDC project( June 2007) development of a code of practice for mitigation of bycatch

Harvest strategies Inputoutput controls

Spatial management Spatial and temporal closures

Assessment

Stock assessment Target sp Full stock assessment status report or literature review

EIS No

Risk assessment Planned for non target species Economic components Economic flow of benefits to broader community

Social components Maintain equitable access recreational fishers and indigenous communities

Governance Cost-effective and participative governance of the fishery

Monitoring and performance Monitoring A strategic monitoring plan developed

Performance indicators and trigger points Target ecosystems economic and social governance objectives indicators and reference points and triggers

Observer program No

Reporting Fishers Fishers logbook program which requires all

commercial fishers to compulsorily record daily information on catch and effort levels and other details on daily fishing operations This information is submitted monthly and entered into a database which is managed by SARDI

PIRSA Status reports and literature reviews Research

Research Strategic research and monitoring plan with priorities updated annually

Consultation

The Fisheries (Management Committees) Regulations 1995 outline a set of co-management principles and establish a number of Fisheries Management Committees (FMCs)

222

SA (PIRSA) submission to DEWHA in more detail

Legislation Acts bull United Nations Convention on the Law of the Sea 1982 bull Ramsar Convention (1971) bull Environmental Protection and Biodiversity Conservation (EPBC) Act 1999 bull The Fisheries Act 1982 insofar as this Act applies to the River Murray seeking

to further the objects of the River bull Murray Act 2003 and the objectives of a healthy River Murray under that Act bull Review of fisheries Act bull Fisheries (Scheme of Management ndash Lakes and Coorong Fishery) Regulations

1991 bull Fisheries (General) Regulations 2000 and bull Fisheries (Management Committees) Regulations 1995

Management

Plans and regulations

Draft Management Plan for the South Australian Lakes and Coorong Fishery 2005-2010 (July 2005) Plan to be reviewed in 2009

The regulations that govern the management of the Lakes and Coorong Fishery are the Fisheries (Scheme of Management ndash Lakes and Coorong Fishery) Regulations 1991 and the Fisheries (General) Regulations 2000 The Fisheries (Management Committees) Regulations 1995 (the FMC regulations) provide the legal basis for the preparation of the management plan The report serves as the first step in the process to have key species taken from the waters of the South Australian Lakes and Coorong fishery placed on the list of exempt native species for export under Part 13(A) of the EPBC Act The entire catchment spans across four state management jurisdictions and has been significantly modified since European settlement because of its importance in supporting human existence and industrial development The fishery includes area of the waters of three separate but closely linked freshwater estuarine and marine ecosystem components A range of stakeholder values are attached to the fishery which include commercial recreational indigenous and conservation interests The fishery operates within a very dynamic ecosystem which is influenced by high natural variation in river flooding and periods of extended drought This presents challenges to management with respect to matching total harvesting capacity and exploitation rates with annual changes in fish stock abundance particularly during extended periods of drought Thirty-seven commercial fishers target a diversity of native and exotic finfish species throughout the fishery predominantly using mesh nets and rakes traps set line razor fish tongs spear electro-fishing gear

Appendix A 223

The commercial fishery is managed using a complex mix of input and output controls aimed at matching harvest capacity with resource availability and controlling growth in aggregated harvesting capacity The Management Plan aims to provide a foundation for the fishery to continue moving towards a more integrated ecosystem-based approach to management The first step in this process is to integrate environmental management principles with conventional species and gear based fisheries management This will ensure that management decision-making incorporates critical environmental factors such as the timing and volume of freshwater flows barriers to fish passage and Murray Mouth opening There has been a long standing informal ecosystem-based approach to management of the fishery which is underpinned by the capacity commercial fishers have to transfer effort between a diversity of species in the marine estuarine and freshwater ecosystem components of the fishery These unique characteristics allow commercial fishers the necessary individual flexibility to respond to inter and intra-annual variations in overall ecosystem health and fish stock abundance or to changes in the market In addition a range of flexible management measures can be introduced in response to fish stock declines or significant environmental disturbances such as extended periods of drought low freshwater flow or closure of the River Murray Mouth The Management Plan aims to achieve outcomes that are consistent with broader Government objectives for the management of the Lakes and Coorong region Other important policy drivers that have been taken into account in the development of this Management Plan are

bull The National Strategy for Ecologically Sustainable Development bull The Precautionary Principle as set out in the Intergovernmental Agreement on

the Environment bull The Australian Government lsquoGuidelines for the Ecologically Sustainable

Management of Fisheriesrsquo which relate to the requirements of the Environment Protection and Biodiversity Conservation Act 1999

bull Native Fish Strategy for the Murray-Darling-Basin 2003-2013 bull The National Policy on Fisheries By-catch bull The Coorong and Lakes Alexandrina and Albert Ramsar Management Plan and bull The Coorong National Park Management Plan

The objectives and strategies of the Lakes and Coorong Fishery Management Plan have been developed to take the management framework and objectives provided by the Ramsar Management Plan into account Goals of sustainable harvest minimising fishery impacts on the ecosystem collection of biological environmental and ecological information equitable access participative governance and the concept of lsquowise usersquo are pursued through the objectives and management strategies of the Lakes and Coorong Fishery Management Plan Acknowledging that the commercial exploitation of fish is permitted inside a national park the objectives of the National Park Management Plan have been taken into account in the development of the harvest strategy for the Lakes and Coorong Fishery to achieve where possible complementarity between management of the fishery and the Coorong National Park

224

While the Management Plan aims to provide a firm basis for the long-term sustainability of the fisheries resources of the lower Murray lakes and Coorong region it does not aim to return the ecosystem to its original unmodified state To do this would require substantial reengineering of the water flow management system along the entire length of the River Murray system which is beyond the scope of the Management Plan The Management Plan provides direction and strong support for a range of Government industry and community based programs aimed at habitat restoration (eg barrage fish passage-ways)

Codes of practice

FRDC project (to be completed in June 2007) development of a code of practice for mitigation of bycatch

Co-management arrangements

Section 46 of the Fisheries Act establishes a set of regulation-making powers to formalise a co-management process for fisheries management in South Australia The Fisheries (Management Committees) Regulations 1995 outline a set of co-management principles and establish a number of Fisheries Management Committees (FMCs) for key fisheries or groups of fisheries including the Inland FMC The Fisheries Act requires that the Minister the Director of Fisheries and the FMCs to operate in accordance with the principal objectives outlined in the Fisheries Act The FMC regulations assign responsibility for the preparation of management plans to individual FMCs The necessary tasks required to complete management plans are undertaken by PIRSA Fisheries Key stakeholder and community input to the development of management arrangements and strategic research and monitoring priorities for the Lakes and Coorong Fishery are facilitated through the Inland FMC process and during public consultation on draft management plans A review of the Fisheries Act is currently being undertaken which may result in changes to broader FMC membership structure and operation In the interim agreement has been reached to broaden the membership of the Inland FMC to more accurately reflect stakeholder group interests and move towards a more community-based approach to management This involves participation by members of the indigenous community and non-Government conservation groups Increased participation of representatives from the South Australian Department of Environment and Heritage (National Parks) through FMC processes has started to more closely link natural resource management decision-making across Government agencies The Inland FMC is required to produce an annual report to he Minister and to hold a public meeting each year to provide an opportunity for the FMC to publicly report on its yearly activities and allow for members of the broader community to discuss relevant issues with FMC members Observers are welcome to attend meetings with agreement from the chairperson The operating costs of the Inland FMC are currently

Appendix A 225

funded through a combination of fees paid by commercial fishery licence holders and Government funds The Inland FMC meets approximately four to six times per year

Harvest strategies

The harvest strategy for the fishery aims to provide a strategic framework to guide annual decision-making on harvesting rates for all sectors of the fishery In a practical sense the harvest strategy describes the linkages between management objectives strategies performance indicators reference points management triggers and agreed management actions to be introduced upon reaching reference points or triggers The harvest strategy also describes how fishery data should be collected how the data should be analysed and how the results of data analyses should be interpreted and used to determine management actions A formal harvest strategy strengthens the link between annual fishery stock assessment processes and management decision-making

The harvest strategy framework integrates a set of basic environmental management principles into the day-to-day management of the fishery to ensure that management decision making incorporates critical environmental factors such as the timing and volume of freshwater flows barriers to fish passage and river mouth opening This approach aims to ensure that fundamental environmental processes are maintained or where necessary restored to maximise benefits for fish stocks Under this integrated approach instead of simply measuring the performance of individual fish stocks against management objectives critical environmental drivers will be explicitly taken into account when assessing the overall health of the fishery and in decision-making processes If water flow rates or other key environmental parameters fall outside of reference levels in any given period the Management Plan will require a management response to be initiated to ensure fish stocks are not left unmanaged during periods of low ecosystem health such as extended periods of drought or low water flow

Spatial management

A number of spatial and temporal closures have been introduced for the recreational sector of the Lakes and Coorong Fishery primarily to ensure sustainability of fish stocks Some closures are consistent with those in place for the commercial sector These closures are usually focused on a given species but may be explicitly linked to a restriction on the use of a particular fishing method Similar to the current set of gear restrictions a series of spatial and temporal closures have been introduced which are in many cases explicitly linked to a restriction on the use of a particular fishing method Closures are used to restrict catch levels to protect fish stocks during specific stages of their life cycle or to reduce gear conflict between the commercial and recreational sectors

226

Assessment

Stock assessment Target There is a robust assessment of the dynamics and status of the speciesfishery and periodic review of the process and the data collected Assessment should include a process to identify any reduction in biological diversity andor reproductive capacity Review should take place at regular intervals but at least every three years

History of Assessment and Review Goolwa cockles an example Year of assessment Type of assessment Reference 1976 Fishery biology of Goolwa cockles along the

Coorong beach fishery independent survey of size composition of stock reproductive biology

King 1976

1999 Commercial catch and effort trends to 199798 CPUE relatively poor indicator of stock abundance Stock fully exploited

Pierce and Doonan 1999

2003 Review biology of species Analysis of commercial catch effort and CPUE data from LampCF and MSF fisheries to 200102

Murray Jones and Johnson 2003

200001 NRIFS survey harvested and released numbers of Goolwa cockles harvested by recreational fishers during May 2000 ndash April 2001

Jones and Doonan 2005

Overall fishery Year of assessment Type of assessment Reference 1846 ndash 198384 Review of history of commercial Olsen (1991) harvest in the LampCF fishery pre- and post barrages 198485 ndash 199798 Pierce and Doonan 1999

Review of commercial catch and effort by gear type

198485 ndash 200203 Review of fishery in Management Sloan 2005 Plan The strategic research and monitoring program outlines the current staged approach to establishing stock assessment and stock status information for all commercially and recreationally important species in the Lakes and Coorong Fishery Species to which a high priority has been assigned will have a full stock assessment report produced at least every two to three years Lower priority species will have a full stock assessment report produced every three years In years when full stock assessment reports are not produced stock status reports will be produced These status reports will provide a brief assessment of fish stocks as measured by stock performance against established management objectives and reference values outlined in this Management Plan

Byproduct

Appendix A 227

The total catches of target and byproduct species harvested by commercial fishers in the Lakes and Coorong Fishery Marine Scalefish Fishery and Rock Lobster Fisheries in 200001 Species harvested predominantly as byproduct species (marked ldquoBPrdquo) for the lagoon and ocean components of the fishery include Australian salmon sharks (bronze whalers and gummy) rays school whiting trevally garfish snapper and other unnamed species By-product species for the lakes fishery include yabbies Murray cod and other un-named species Fishers report either single target species or multiple target species on the catch and effort forms

Bycatch Currently there are no estimates available of the size of bycatch from any of the commercial sectors nor the harvest and bycatch by indigenous fishers The SARDI bycatch project (funded by FRDC) commencing in 200506 will develop potential performance indicators and reference points related to bycatch of the main fishing gear used in the Coorong lagoons The management plan makes a commitment to develop and implement a bycatch action plan for the fishery by 2006 TEP Under South Australian legislation all marine mammals and sea birds are protected under the National Parks and Wildlife Act 1972 and are listed as endangered vulnerable or rare The vulnerability of non-target species and regulated undersized species to current fishing operations will be assessed following a study of the interactions between current fishing operations and non-target species including endangered threatened and protected species The study will allow for a risk assessment to be undertaken and provide a basis for future consideration of the need for management actions to address non-target species sustainability

Habitat The water-bird habitats of this region were designated as wetland habitats of international importance under the Ramsar convention in 1985 and in 2000 the ldquoCoorong and Lakes Alexandrina and Albert Ramsar Management Planrdquo was prepared Ecosystems The Coorong beach ecosystem This ocean beach ecosystem of sand substrate is a highly dynamic one with strong long-shore drift medium tidal amplitude and strong oceanic ground swells (Bryars 2003) Both the benthic and open water communities associated with this ecosystem are mainly mobile (eg patches of D deltoides are mobile Murray-Jones and Johnson 2003) and so the impact of fishing gear on these communities is believed to be minimal Coorong Lagoon and Estuary Ecosystem All fishery habitats found within the Coorong lagoon are regarded as threatened (Bryars 2003) The lagoon has been separated into two ecosystems a) the estuarine river adjacent to the seaward side of the barrages and b) the lagoon south of the estuarine river For the estuarine river ecosystem major threats are due to

228

bull Increased levels of nutrients caused by agricultural runoff from Murray River catchment

bull Decreased freshwater flow caused by abstraction from Murray River catchment bull Altered patterns of freshwater flow caused by locks and barrages bull Increased sediment caused by lack of flow and bull Decreased tidal flows caused by increased sedimentation inside the Murray

Mouth (Bryars 2003)

For the Coorong lagoon ecosystem major threats are due to

bull Decreased tidal flows caused by sedimentation and closure of the Murray mouth and

bull Decreased freshwater flows caused by abstraction from the River Murray catchment (Bryars 2003)

These threats to the communities within the lagoon have been highlighted through the closure of the Murray mouth in 1982 and more recently in 2003 Effects of these threatening issues and implications to the fishery and the sustainability of the fish stocks include the diminution of optimum habitat for several of the estuary dependent species (ie lower salinities for mulloway flounder and black bream) With diminished flows through the barrages there is a risk that a significant proportion of the populations of these species occurring in the Coorong Lagoon will aggregate in the vicinity of water of the lower salinity (ie adjacent to the barrages) thus increasing their vulnerability to targeted fishing

Lakes Alexandrina and Albert Ecosystem The construction of the barrages converted this area of the Lakes and Coorong Fishery from one of the most extensive estuaries along the southern Australian coast to largely freshwater lakes with minimal variation in lake level (Reynolds 1976) This has resulted in significant changes to the fish community structure as well as the bottom and open water communities Additionally a number of exotic pest species have been introduced to this ecosystem again influencing the community structure and associated trophic dynamics

Risk assessment

Bycatch A research program to assess the composition and magnitude of retained and discarded catches and rates of capture of retained and discarded species in the main types of gear used by commercial and recreational fishers in the Coorong lagoons in order to establish a risk assessment framework for bycatch management was commenced in 2005 TEP The vulnerability of non-target species and regulated undersized species to current fishing operations will be assessed following a study of the interactions between current fishing operations and non-target species including endangered threatened and

Appendix A 229

protected species The study will allow for a risk assessment to be undertaken and provide a basis for future consideration of the need for management actions to address non-target species sustainability

Economic social and governance issues

See indicators and trigger points below

Monitoring and performance

Monitoring

The Lakes and Coorong Fishery can be classified as a data poor fishery with only limited quantitative information available to managers during annual decision-making processes A strategic research and monitoring plan has been developed as part of the fishery management plan The primary focus of the strategic research and monitoring plan is to increase the amount of quantitative information available for management of the fishery This plan aims to ensure that all research and stock assessment undertaken in the Lakes and Coorong Fishery is carried out to address established management priorities and information gaps

Performance indicators and trigger points

The following management goals aim to address key challenges facing the fishery and take into account key policy drivers such as the lsquoprinciples of ecologically sustainable developmentrsquo the lsquoprecautionary principlersquo the lsquoguidelines for the ecologically sustainable management of fisheriesrsquo set out in the Australian Government Environment Protection and Biodiversity Conservation Act 1999 the National Policy on Fisheries Bycatch the Coorong National Park Management Plan the Coorong and Lakes Alexandrina and Albert Ramsar Management Plan and the Murray-Darling Basin Commission Native Fish Strategy

A series of objectives have been established to ensure management goals are actively pursued

Goal 1Sustainable harvesting of fisheries resources a Fishing is conducted at a level that maintains ecologically viable stock levels and

protects fish stocks from overfishing b Sufficient biological and environmental information is collected and analysed to

make informed management decisions and c For fish stocks that are determined to be operating outside of established reference

levels the fishery will be managed to promote recovery to ecologically viable stock levels within agreed timeframes

Goal 2 Optimum utilisation and equitable distribution of fisheries resources within the constraints of sustainability imperatives

230

a Maintain a flow of economic benefit from the fishery to the broader community through the wise use of Lakes and Coorong fisheries resources

b Maintain equitable public access and recreational fishing opportunities c Provide opportunities for indigenous communities to access fish stocks for traditional

purposes d Maintain equitable levels of commercial access and the regional development nature

of the commercial fishery and e Sufficient economic information exists to make informed management decisions Goal 3 Minimise impacts on the structure productivity function and biological

diversity of the ecosystem a Monitor any external impacts on fish stocks associated with broader environmental

or ecosystem health b Minimise fishery impacts on bycatch species and the ecosystem c Avoid the incidental mortality of endangered threatened and protected species d Reduce the population size and ecological impact of non-native fish species Goal 4 Cost-effective and participative governance of the fishery a Promote cost-effective and efficient management of the fishery b Have regard to the range of social cultural and wider community values attached to

the fishery and c Promote compliance with management controls

App

endi

x A

231

Man

agem

ent O

bjec

tives

M

anag

emen

t Str

ateg

ies

Perf

orm

ance

Indi

cato

rs

Res

pons

ibili

ty

Sche

dule

R

efer

ence

Poi

nts

Tri

gger

s

Goa

l 1 S

usta

inab

le h

arve

stin

g of

fish

erie

s res

ourc

es

1 R

estri

ct to

tal c

atch

and

eff

ort i

n

1 T

otal

ann

ual c

omm

erci

al c

atch

PI

RSA

A

nnua

l 1

The

ann

ual t

otal

com

mer

cial

th

e fis

hery

fo

r eac

h ke

y sp

ecie

s

ca

tch

(all

sect

ors)

is a

bove

or

be

low

the

uppe

r or l

ower

2

Res

trict

the

num

ber o

f 2

Tot

al a

nnua

l com

mer

cial

fish

ing

PI

RSA

A

nnua

l re

fere

nce

valu

es fo

r eac

h ke

y

com

mer

cial

fish

ing

licen

ces i

n

effo

rt le

vel f

or e

ach

fishi

ng

sp

ecie

s

the

fishe

ry to

no

mor

e th

an 3

7

met

hod

in e

ach

area

of t

he

fis

hery

2 T

here

is a

gre

ater

than

25

3

Res

trict

the

fishi

ng m

etho

ds th

at

chan

ge b

etw

een

year

s in

the

m

ay b

e us

ed in

the

com

mer

cial

3

The

tota

l num

ber o

f act

ive

PI

RSA

A

nnua

l to

tal t

arge

t com

mer

cial

fish

ing

an

d re

crea

tiona

l sec

tors

co

mm

erci

al fi

shin

g lic

ence

s

effo

rt le

vel f

or a

ny fi

shin

g

op

erat

ing

in th

e fis

hery

met

hod

in e

ach

area

of t

he

4 R

estri

ct th

e am

ount

of f

ishi

ng

fishe

ry

gear

that

may

be

used

in th

e

4 T

otal

ann

ual c

omm

erci

al c

atch

PI

RSA

A

nnua

l

com

mer

cial

and

recr

eatio

nal

per u

nit e

ffor

t (C

PUE)

for e

ach

3 A

nnua

l ave

rage

com

mer

cial

se

ctor

s

key

spec

ies

CPU

E fo

r eac

h ke

y sp

ecie

s is

ab

ove

or b

elow

the

uppe

r or

5 R

estri

ct c

omm

erci

al a

nd

5 A

nnua

l com

mer

cial

cat

ch

PIR

SA

Ann

ual

low

er re

fere

nce

valu

es

re

crea

tiona

l fis

hing

in c

erta

in

com

posi

tion

ar

eas a

t cer

tain

tim

es to

pro

tect

4

The

rate

of c

hang

e in

the

annu

al

key

spec

ies d

urin

g cr

itica

l sta

ges

6 A

ges

ize

com

posi

tion

of k

ey

PIR

SA

In p

erio

dic

stoc

k

tota

l cat

ch o

f eac

h ke

y sp

ecie

s of

thei

r life

cyc

le

spec

ies p

opul

atio

ns

asse

ssm

ent

(ove

r a th

ree

to fo

ur y

ear

6 R

estri

ct th

e m

inim

um a

ndo

r 7

Ann

ual p

re-r

ecru

it ab

unda

nce

of

PIR

SA

In p

erio

dic

stoc

k

perio

d) is

gre

ater

than

(plusmn) t

he re

fere

nce

valu

e

m

axim

um si

ze a

t whi

ch fi

sh

key

spec

ies

as

sess

men

t

may

be

capt

ured

5

The

rate

of c

hang

e in

the

annu

al

8

Est

imat

ed to

tal a

nnua

l PI

RSA

In

per

iodi

c re

crea

tiona

l to

tal a

vera

ge C

PUE

for e

ach

7

Mai

ntai

n a

capa

city

for

recr

eatio

nal c

atch

of k

ey

surv

eys

ke

y sp

ecie

s (ov

er a

thre

e to

four

co

mm

erci

al fi

sher

s to

trans

fer

harv

estin

g ef

fort

betw

een

sp

ecie

s

ye

ar p

erio

d) is

gre

ater

than

(plusmn) t

he

refe

renc

e va

lue

and

betw

een

ecos

yste

m

co

mpo

nent

s in

the

fishe

ry

a F

ishi

ng is

con

duct

ed a

t a le

vel

that

mai

ntai

ns e

colo

gica

lly

viab

le st

ock

leve

ls a

nd p

rote

cts

fish

stoc

ks fr

om o

verf

ishi

ng

with

in a

nd b

etw

een

year

s

232

Man

agem

ent O

bjec

tives

M

anag

emen

t Str

ateg

ies

Perf

orm

ance

Indi

cato

rs

Res

pons

ibili

ty

Sche

dule

R

efer

ence

Poi

nts

Tri

gger

s

Goa

l 1 S

usta

inab

le h

arve

stin

g of

fish

erie

s res

ourc

es

a F

ishi

ng is

con

duct

ed a

t a le

vel

that

mai

ntai

ns e

colo

gica

lly

viab

le st

ock

leve

ls a

nd p

rote

cts

fish

stoc

ks fr

om o

verf

ishi

ng

8 D

evel

op fi

shin

g m

etho

ds to

m

inim

ise

inci

dent

al m

orta

lity

of

unde

rsiz

ed c

atch

es a

ssoc

iate

d

with

com

mer

cial

and

re

crea

tiona

l fis

hing

ope

ratio

ns

9 D

evel

op m

anag

emen

t stra

tegi

es

to m

inim

ise

inci

dent

al fi

sher

y

inte

ract

ions

with

und

ersi

zed

fis

h

10R

estri

ct th

e qu

antit

y of

eac

h

spec

ies t

hat m

ay b

e ha

rves

ted

by

the

recr

eatio

nal s

ecto

r usi

ng b

ag

and

boat

lim

its a

nd p

osse

ssio

n

limits

11

Red

uce

late

nt e

ffor

t in

othe

r So

uth

Aus

tralia

n co

mm

erci

al

fishe

ries

whi

ch c

ould

thre

aten

fu

ture

sust

aina

bilit

y of

key

sp

ecie

s in

the

Lake

s and

C

ooro

ng F

ishe

ry

12E

xerc

ise

a pr

ecau

tiona

ry

appr

oach

to m

anag

emen

t

shou

ld se

rious

or i

rrev

ersi

ble

th

reat

s to

fish

stoc

ks o

r the

w

ider

eco

syst

em b

ecom

e

appa

rent

ndash p

artic

ular

ly d

urin

g

perio

ds o

f ext

ende

d dr

ough

t

13D

evel

op a

pac

kage

of

man

agem

ent m

easu

res t

o co

ntro

l th

e ta

rget

ed h

arve

st o

f bla

ck

brea

m in

rela

tion

to fr

esh

wat

er

outfl

ows

9 T

he le

vel o

f lat

ent e

ffor

t in

othe

r So

uth

Aus

tralia

n co

mm

erci

al

fishe

ries t

hat i

mpa

ct o

n th

e

Lake

s and

Coo

rong

Fis

hery

PIR

SA F

ishe

ries a

nd In

land

FM

C

Ann

ual

6 T

here

is a

gre

ater

than

50

ch

ange

ove

r a fo

ur y

ear p

erio

d

in th

e to

tal c

omm

erci

al fi

shin

g

effo

rt le

vel f

or a

ny fi

shin

g

met

hod

in e

ach

of th

e fo

ur a

reas

of

the

fishe

ry

7 A

sign

ifica

nt c

hang

e in

the

sp

ecie

s com

posi

tion

of th

e

com

mer

cial

cat

ch b

etw

een

ye

ars

8

A si

gnifi

cant

redu

ctio

n in

the

ab

unda

nce

of p

re-r

ecru

its fo

r ke

y sp

ecie

s

9 L

aten

t eff

ort l

evel

s in

othe

r So

uth

Aus

tralia

n co

mm

erci

al

fishe

ries i

mpa

ctin

g on

the

Lake

s an

d C

ooro

ng F

ishe

ry a

re n

ot

redu

ced

belo

w 2

004

leve

ls

durin

g th

e lif

e of

this

M

anag

emen

t Pla

n

10 S

urve

ys in

dica

te re

crea

tiona

l ca

tch

and

effo

rt le

vels

are

hi

gher

than

the

leve

ls id

entif

ied

in

the

2001

Nat

iona

l R

ecre

atio

nal a

nd In

dige

nous

Fi

shin

g Su

rvey

(Hen

ry a

nd L

yle

2003

)

App

endi

x A

233

Man

agem

ent O

bjec

tives

M

anag

emen

t Str

ateg

ies

Perf

orm

ance

Indi

cato

rs

Res

pons

ibili

ty

Sche

dule

R

efer

ence

Poi

nts

Tri

gger

s

Goa

l 1 S

usta

inab

le h

arve

stin

g of

fish

erie

s res

ourc

es

1 E

stab

lish

base

line

biol

ogic

al

3 A

vaila

bilit

y of

bas

elin

e

Inla

nd F

MC

amp P

IRSA

A

nnua

l 1

Bas

elin

e bi

olog

ical

info

rmat

ion

in

form

atio

n fo

r all

key

spec

ies

bi

olog

ical

info

rmat

ion

for a

ll

is

not

ava

ilabl

e fo

r all

key

key

spec

ies

spec

ies

in li

ne w

ith ti

mef

ram

es

2 M

onito

r the

per

form

ance

of k

ey

set o

ut in

the

stra

tegi

c re

sear

ch

spec

ies p

opul

atio

ns t

hrou

gh th

e

4 P

rodu

ctio

n of

stoc

k as

sess

men

t an

d m

onito

ring

plan

pr

oduc

tion

of in

depe

nden

t re

ports

or s

tatu

s rep

orts

to

Inla

nd F

MC

amp P

IRSA

A

nnua

l in

line

with

stra

tegi

c pl

an

sc

ient

ific

stoc

k as

sess

men

t and

in

form

man

agem

ent

2 S

tock

ass

essm

ent r

epor

ts a

nd

stat

us re

ports

st

atus

repo

rts a

re n

ot p

rodu

ced

5 A

nnua

l upd

ate

of th

e st

rate

gic

In

land

FM

C

Ann

ually

upd

ated

in

line

with

the

stra

tegi

c

3 R

evie

w a

nd u

pdat

e th

e st

rate

gic

re

sear

ch a

nd m

onito

ring

plan

rese

arch

and

mon

itorin

g st

rate

gy

rese

arch

and

mon

itorin

g st

rate

gy

an

nual

ly t

o en

sure

that

rese

arch

6

Per

iodi

c re

view

and

upd

ate

of

Inla

nd F

MC

PIR

SA F

ishe

ries amp

3

Stra

tegi

c re

sear

ch a

nd

prog

ram

s add

ress

man

agem

ent

the

com

mer

cial

logb

ook

PI

RSA

A

t lea

st e

very

five

m

onito

ring

stra

tegy

is n

ot

prio

ritie

s

ye

ars

upda

ted

annu

ally

7 S

cope

of i

ndus

try-

base

d ca

tch

4

Per

iodi

cally

revi

ew a

nd u

pdat

e

sam

plin

g pr

ogra

ms f

or a

ll

Inla

nd F

MC

amp P

IRSA

A

nnua

l

the

info

rmat

ion

colle

cted

se

ctor

s

thro

ugh

com

mer

cial

fish

ing

logb

ooks

8

Sco

pe o

f fis

hery

-inde

pend

ent

m

onito

ring

PI

RSA

amp In

land

FM

C

Ann

ual

5

Dev

elop

an

indu

stry

-bas

ed c

atch

sam

plin

g pr

ogra

m fo

r all

user

9

Ava

ilabi

lity

of in

form

atio

n on

gr

oups

- to

col

lect

bio

logi

cal

recr

eatio

nal c

atch

and

eff

ort

PI

RSA

A

nnua

l

info

rmat

ion

on k

ey sp

ecie

s

6 E

xplo

re th

e co

sts a

nd b

enef

its o

f

deve

lopi

ng a

fish

ery-

inde

pend

ent m

onito

ring

prog

ram

7 E

xplo

re o

ptio

ns to

mon

itor

recr

eatio

nal c

atch

and

eff

ort

b S

uffic

ient

bio

logi

cal a

nd

envi

ronm

enta

l inf

orm

atio

n is

co

llect

ed a

nd a

naly

sed

to m

ake

in

form

ed m

anag

emen

t de

cisi

ons

leve

ls a

nd im

plem

ent d

ata

234

co

llect

ion

syst

ems

whe

n av

aila

ble

M

anag

emen

t Obj

ectiv

es

Man

agem

ent S

trat

egie

s Pe

rfor

man

ce In

dica

tors

R

espo

nsib

ility

Sc

hedu

le

Ref

eren

ce P

oint

sT

rigg

ers

Goa

l 1 S

usta

inab

le h

arve

stin

g of

fish

erie

s res

ourc

es

1 U

nder

take

inve

stig

atio

n of

1

A fu

ll in

vest

igat

ion

of th

e

Inla

nd F

MC

Ann

ual

1 S

tock

reco

very

rate

s do

not

mee

t re

ason

s for

one

or m

ore

re

ason

s why

one

or m

ore

the

targ

ets i

dent

ified

in th

e

refe

renc

e va

lue

bein

g re

ache

d

refe

renc

e va

lue

has b

een

reco

very

pla

n

re

ache

d is

und

erta

ken

2

Whe

re p

erfo

rman

ce is

Im

med

iate

ly u

pon

advi

ce b

eing

co

nsid

ered

to b

e un

acce

ptab

le

form

ally

pro

vide

d to

the

FMC

re

view

exi

stin

g m

anag

emen

t

stra

tegi

es a

nd d

evel

op a

nd

2 A

stoc

k re

cove

ry p

lan

is

Inla

nd F

MC

A

nnua

l

impl

emen

t sto

ck re

cove

ry p

lans

de

velo

ped

with

in 4

mon

ths

fo

r ind

ivid

ual s

peci

es w

ith

incl

udin

g pr

opos

ed m

anag

emen

t

es

tabl

ishe

d tim

efra

mes

and

ac

tions

tim

efra

mes

and

targ

ets

targ

ets f

or st

ock

reco

very

fo

r sto

ck re

cove

ry

3

Rat

e of

stoc

k re

cove

ry r

elat

ive

c F

or fi

sh st

ocks

that

are

de

term

ined

to b

e op

erat

ing

ou

tsid

e of

est

ablis

hed

refe

renc

e

leve

ls t

he fi

sher

y w

ill b

e

man

aged

to p

rom

ote

reco

very

to

ecol

ogic

ally

via

ble

stoc

k le

vels

w

ithin

agr

eed

timef

ram

es

to

est

ablis

hed

targ

ets i

n re

cove

ry

plan

In

land

FM

C

Ann

ual

App

endi

x A

235

Man

agem

ent O

bjec

tives

M

anag

emen

t Str

ateg

ies

Perf

orm

ance

Indi

cato

rs

Res

pons

ibili

ty

Sche

dule

R

efer

ence

Poi

nts

Tri

gger

s

Goa

l 2 O

ptim

um u

tilis

atio

n an

d eq

uita

ble

dist

ribu

tion

of fi

sher

ies r

esou

rces

with

in th

e co

nstr

aint

s of s

usta

inab

ility

impe

rativ

es

a M

aint

ain

a flo

w o

f eco

nom

ic

bene

fit fr

om th

e fis

hery

to th

e br

oade

r com

mun

ity th

roug

h th

e w

ise

use

of L

akes

and

Coo

rong

fis

herie

s res

ourc

es

3 D

evel

op a

nd im

plem

ent

arra

ngem

ents

that

allo

w

com

mer

cial

ope

rato

rs to

max

imis

e op

erat

iona

l fle

xibi

lity

and

econ

omic

eff

icie

ncy

4

Dev

elop

and

impl

emen

t ar

rang

emen

ts th

at p

rom

ote

optim

um u

tilis

atio

n an

d m

inim

ise

was

te

5 M

aint

ain

mec

hani

sms t

o al

low

fo

r aut

onom

ous f

leet

adj

ustm

ent

(eg

lic

ence

am

alga

mat

ion

sche

me)

6 D

evel

op a

nd

impl

emen

t met

hods

to a

sses

s the

ec

onom

ic b

enef

its o

f alte

rnat

ive

harv

est s

trate

gies

7

Mon

itor i

nter

stat

e m

arke

t pric

es

for a

ll ke

y sp

ecie

s

4 T

rend

in G

ross

Val

ue o

f Pr

oduc

tion

(GV

P) o

f the

co

mm

erci

al fi

sher

y

5 T

rend

in m

arke

t pric

es fo

r key

sp

ecie

s 6

Tre

nd in

the

aver

age

annu

al

com

mer

cial

lice

nce

valu

e

7 T

rend

in a

nnua

l ret

urn

on

inve

stm

ent i

n th

e co

mm

erci

al

fishe

ry

8 T

rend

in a

nnua

l tot

al e

cono

mic

im

pact

of t

he c

omm

erci

al fi

sher

y

9 T

rend

in th

e nu

mbe

r of

com

mer

cial

fish

ing

licen

ses

10

Tre

nd in

the

amou

nt o

f co

mm

erci

al fi

shin

g ge

ar a

vaila

ble

to th

e fis

hery

PIR

SA v

ia E

cono

mic

Sur

vey

A

nnua

l PI

RSA

A

nnua

l P

IRSA

A

nnua

l PI

RSA

via

Eco

nom

ic S

urve

y

Ann

ual

PIR

SA v

ia E

cono

mic

Sur

vey

A

nnua

l PI

RSA

A

nnua

l PI

RSA

A

nnua

l

1 A

dec

reas

ing

trend

in a

nnua

l re

turn

on

inve

stm

ent o

ver a

thre

e ye

ar p

erio

d

236

Man

agem

ent O

bjec

tives

M

anag

emen

t Str

ateg

ies

Perf

orm

ance

Indi

cato

rs

Res

pons

ibili

ty

Sche

dule

R

efer

ence

Poi

nts

Tri

gger

s G

oal 2

Opt

imum

util

isat

ion

of fi

sher

ies r

esou

rces

with

in th

e co

nstr

aint

s of s

usta

inab

ility

impe

rativ

es

b M

aint

ain

equi

tabl

e pu

blic

acc

ess

and

recr

eatio

nal f

ishi

ng o

ppor

tuni

ties

1

Ens

ure

appr

opria

te re

crea

tiona

l bag

an

d bo

at li

mits

are

in p

lace

2

Dev

elop

and

impl

emen

t a p

rogr

am

to p

erio

dica

lly m

onito

r par

ticip

atio

n tre

nds i

n th

e re

crea

tiona

l sec

tor

3

Res

trict

com

mer

cial

and

re

crea

tiona

l fis

hing

at c

erta

in ti

mes

in

certa

in a

reas

4

Iden

tify

pote

ntia

l for

con

flict

be

twee

n m

arin

e re

sour

ce u

sers

and

de

velo

p st

rate

gies

to re

duce

con

flict

5

Exp

lore

the

deve

lopm

ent a

nd

impl

emen

tatio

n of

met

hods

to id

entif

y an

d ad

dres

s res

ourc

e al

loca

tion

disp

utes

bet

wee

n us

er g

roup

s

1 S

cope

of r

ecre

atio

nal a

cces

s and

re

crea

tiona

l fis

hing

opp

ortu

nitie

s

2 T

rend

in re

crea

tiona

l par

ticip

atio

n in

the

fishe

ry

3 S

cope

of p

olic

ies a

imed

at

addr

essi

ng a

lloca

tion

disp

utes

bet

wee

n us

er g

roup

s

PIR

SA I

nlan

d FM

C

Ann

ual

PIR

SA amp

Inla

nd F

MC

A

nnua

l PI

RSA

amp In

land

FM

C

Ann

ual

c P

rovi

de o

ppor

tuni

ties f

or in

dige

nous

co

mm

uniti

es to

acc

ess f

ish

stoc

ks fo

r tra

ditio

nal p

urpo

ses

1 A

llow

teac

hers

and

stud

ents

at

lsquoCam

p C

ooro

ngrsquo t

o ac

cess

fish

stoc

ks

usin

g tra

ditio

nal m

etho

ds fo

r ed

ucat

iona

l pur

pose

s

2 D

evel

op a

nd im

plem

ent a

long

er

term

stra

tegy

to p

rovi

de fo

r in

dige

nous

com

mun

ities

to a

cces

s fis

h st

ocks

for t

radi

tiona

l pur

pose

s

3 P

rovi

de fi

sher

ies m

anag

emen

t ad

vice

in re

latio

n to

reso

lutio

n of

na

tive

title

cla

ims

1 S

cope

of t

radi

tiona

l fis

hing

ac

tiviti

es

2 T

rend

in tr

aditi

onal

par

ticip

atio

n in

th

e fis

hery

PIR

SA F

ishe

ries

Ann

ual

PIR

SA

Ann

ual

App

endi

x A

237

Man

agem

ent O

bjec

tives

M

anag

emen

t Str

ateg

ies

Perf

orm

ance

Indi

cato

rs

Res

pons

ibili

ty

Sche

dule

R

efer

ence

Poi

nts

Tri

gger

s G

oal 2

Opt

imum

util

isat

ion

of fi

sher

ies r

esou

rces

with

in th

e co

nstr

aint

s of s

usta

inab

ility

impe

rativ

es

d M

aint

ain

equi

tabl

e le

vels

of

com

mer

cial

acc

ess a

nd th

e re

gion

al d

evel

opm

ent n

atur

e of

the

com

mer

cial

fish

ery

1 D

evel

op a

nd im

plem

ent

met

hods

to o

btai

n in

form

atio

n on

th

e ov

eral

l con

tribu

tion

to re

gion

al

com

mun

ities

mad

e by

the

com

mer

cial

sect

or 2

Mai

ntai

n m

anag

emen

t arr

ange

men

ts th

at

prom

ote

owne

r-op

erat

ions

in th

e co

mm

erci

al se

ctor

1 A

vaila

bilit

y of

bas

elin

e in

form

atio

n on

the

over

all

cont

ribut

ion

to re

gion

al

com

mun

ities

mad

e by

the

com

mer

cial

fish

ery

2

Tre

nd in

the

num

ber o

f ow

ner-

oper

ator

s in

the

com

mer

cial

fis

hery

3

Tre

nd in

the

tota

l num

ber o

f pe

ople

em

ploy

ed in

com

mer

cial

fis

hing

ope

ratio

ns

Inla

nd F

MC

A

nnua

l PIR

SA

Ann

ual P

IRSA

via

eco

nom

ic

surv

ey

Ann

ual

1 A

dec

reas

ing

trend

in th

e to

tal

num

ber o

f peo

ple

empl

oyed

in

com

mer

cial

fish

ing

oper

atio

ns

over

a th

ree

year

per

iod

PIR

SA amp

Inla

nd F

MC

via

1 U

nder

take

ann

ual e

cono

mic

su

rvey

s of t

he c

omm

erci

al se

ctor

1

Ava

ilabi

lity

of a

ccur

ate

and

up

to d

ate

econ

omic

dat

a on

the

com

mer

cial

sect

or

econ

omic

surv

eys

Ann

ual

2 D

evel

op a

nd im

plem

ent

met

hods

to im

prov

e es

timat

es o

f th

e to

tal v

alue

of r

ecre

atio

nal

2 P

artic

ipat

ion

rate

s in

the

annu

al

econ

omic

surv

ey p

roce

ss fo

r the

co

mm

erci

al fi

sher

y

PIR

SA v

ia e

cono

mic

surv

eys

A

nnua

l

fishi

ng to

regi

onal

eco

nom

ies

an

d th

e w

ider

com

mun

ity

3 A

vaila

bilit

y of

est

imat

es o

n th

e va

lue

of re

crea

tiona

l fis

hing

to

PIR

SA amp

Inla

nd F

MC

A

nnua

l

e E

cono

mic

info

rmat

ion

exis

ts to

m

ake

info

rmed

man

agem

ent

deci

sion

s

re

gion

al e

cono

mie

s and

the

wid

er

com

mun

ity

238

Man

agem

ent O

bjec

tives

M

anag

emen

t Str

ateg

ies

Perf

orm

ance

Indi

cato

rs

Res

pons

ibili

ty

Sche

dule

R

efer

ence

Poi

nts

Tri

gger

s G

oal 3

Im

pact

s on

the

stru

ctur

e p

rodu

ctiv

ity f

unct

ion

and

biol

ogic

al d

iver

sity

of t

he e

cosy

stem

are

min

imis

ed

a M

inim

ise

any

exte

rnal

impa

cts

on fi

sh st

ocks

ass

ocia

ted

with

br

oade

r env

ironm

enta

l or

ecos

yste

m h

ealth

1 M

onito

r ext

erna

l im

pact

s on

the

fishe

ry

2 E

nsur

e th

at st

ate

and

Nat

iona

l w

ater

flow

stra

tegi

es ta

ke in

to

acco

unt i

mpa

cts o

n La

kes a

nd

Coo

rong

fish

stoc

ks

3 M

onito

r net

fres

hwat

er fl

ow in

to

Sout

h A

ustra

lia a

nd in

to th

e C

ooro

ng e

stua

ry (o

ver t

he b

arra

ge

netw

ork)

4

Mon

itor t

he S

tatu

s of t

he R

iver

M

urra

y M

outh

5

Dev

elop

and

impl

emen

t st

rate

gies

to im

prov

e th

e op

portu

nity

for n

atur

al fi

sh

pass

age

6

Impr

ove

coor

dina

tion

betw

een

Gov

ernm

ent a

genc

ies r

espo

nsib

le

for w

ater

flow

man

agem

ent a

nd

natu

ral r

esou

rce

man

agem

ent

7

Enc

oura

ge a

dopt

ion

of th

e pr

inci

ples

out

lined

in th

e co

mm

erci

al se

ctor

Env

ironm

enta

l M

anag

emen

t Pla

n

1 N

et fr

eshw

ater

flow

s int

o So

uth

Aus

tralia

and

into

the

Coo

rong

es

tuar

y (o

ver t

he b

arra

ge n

etw

ork)

2

Sta

tus o

f Riv

er M

urra

y M

outh

op

enin

g

3 C

apac

ity fo

r nat

ural

fish

pas

sage

th

roug

h th

e ba

rrag

e ne

twor

k an

d th

e R

iver

Mur

ray

Mou

th

4 T

he le

vel o

f coo

rdin

atio

n be

twee

n th

e G

over

nmen

t age

ncie

s re

spon

sibl

e fo

r wat

er fl

ow

man

agem

ent a

nd n

atur

al re

sour

ce

man

agem

ent

PIR

SA i

n co

nsul

tatio

n w

ith o

ther

re

leva

nt st

ate

agen

cies

A

nnua

l PI

RSA

in

cons

ulta

tion

with

oth

er

rele

vant

stat

e ag

enci

es

Ann

ual

PIR

SA amp

The

Inla

nd F

MC

A

nnua

l PI

RSA

A

nnua

l

1 T

he a

nnua

l net

fres

hwat

er fl

ow

over

the

barr

age

netw

ork

falls

be

low

500

GL

year

for t

hree

co

nsec

utiv

e ye

ars

2

The

bar

rage

net

wor

k re

mai

ns

clos

ed fo

r a 1

2 m

onth

per

iod

3

The

Riv

er M

urra

y M

outh

op

enin

g be

com

es re

stric

ted

to a

po

int t

hat i

s con

side

red

unsu

itabl

e fo

r mai

ntai

ning

ade

quat

e fis

h pa

ssag

e or

wid

er e

cosy

stem

hea

lth

- in

any

give

n ye

ar

4 D

urin

g th

e lif

e of

this

pla

n

infr

astru

ctur

e ch

ange

s do

not t

ake

plac

e to

impr

ove

oppo

rtuni

ties f

or

natu

ral f

ish

pass

age

App

endi

x A

239

Man

agem

ent O

bjec

tives

M

anag

emen

t Str

ateg

ies

Perf

orm

ance

Indi

cato

rs

Res

pons

ibili

ty

Sche

dule

R

efer

ence

Poi

nts

Tri

gger

s G

oal 3

Im

pact

s on

the

stru

ctur

e p

rodu

ctiv

ity f

unct

ion

and

biol

ogic

al d

iver

sity

of t

he e

cosy

stem

are

min

imis

ed

b M

inim

ise

fishe

ry im

pact

s on

byca

tch

spec

ies a

nd th

e ec

osys

tem

1

Qua

ntify

the

impa

ct o

f fis

hing

op

erat

ions

on

byca

tch

spec

ies

thro

ugh

targ

eted

rese

arch

pro

ject

s 2

Impr

ove

data

reco

rdin

g sy

stem

s to

cap

ture

bas

elin

e in

form

atio

n on

by

catc

h sp

ecie

s int

erac

tions

and

by

catc

h sp

ecie

s cat

ch c

ompo

sitio

n

3 U

nder

take

a ri

sk a

naly

sis t

o as

sess

the

vuln

erab

ility

of b

ycat

ch

spec

ies t

o fis

hing

ope

ratio

ns

4 D

evel

op a

nd im

plem

ent a

by

catc

h ac

tion

plan

for t

he fi

sher

y

5 In

trodu

ce m

easu

res t

o re

stric

t th

e ca

tch

and

mor

talit

y of

byc

atch

sp

ecie

s

6 D

evel

op a

nd im

plem

ent

met

hods

to re

duce

the

envi

ronm

enta

l im

pact

of c

erta

in

gear

type

s

7 E

ncou

rage

and

supp

ort t

he

upta

ke o

f the

com

mer

cial

and

re

crea

tiona

l ind

ustry

Cod

es o

f Pr

actic

e

1 A

vaila

bilit

y of

dat

a to

und

erta

ke

anal

ysis

of i

mpa

cts o

f fis

hing

op

erat

ions

on

byca

tch

(non

-re

tain

ed) s

peci

es p

opul

atio

ns

2 A

vaila

bilit

y of

risk

ana

lysi

s to

asse

ss th

e vu

lner

abili

ty o

f byc

atch

(n

on-r

etai

ned)

spec

ies t

o fis

hing

op

erat

ions

3

Tre

nd in

the

rela

tions

hip

betw

een

the

catc

h of

reta

ined

and

no

n-re

tain

ed (b

ycat

ch) s

peci

es

4 Im

plem

enta

tion

of a

byc

atch

ac

tion

plan

for t

he fi

sher

y

Inla

nd F

MC

amp P

IRSA

A

nnua

l In

land

FM

C amp

PIR

SA

Ann

ual

PIR

SA

Ann

ual

Inla

nd F

MC

PI

RSA

B

y 20

06

2 T

he a

mou

nt o

f byc

atch

(d

isca

rds)

in c

omm

erci

al m

esh

net

fishi

ng o

pera

tions

rel

ativ

e to

the

tota

l cat

ch o

f ret

aine

d sp

ecie

s is

grea

ter t

han

20

(in

wei

ght)

in

any

give

n ye

ar

3 A

n in

crea

sing

tren

d in

dis

card

ra

tes i

n th

e co

mm

erci

al o

r re

crea

tiona

l fis

hing

sect

ors o

ver a

th

ree

year

per

iod

240

Man

agem

ent O

bjec

tives

M

anag

emen

t Str

ateg

ies

Perf

orm

ance

Indi

cato

rs

Res

pons

ibili

ty

Sche

dule

R

efer

ence

Poi

nts

Tri

gger

s G

oal 3

Im

pact

s on

the

stru

ctur

e p

rodu

ctiv

ity f

unct

ion

and

biol

ogic

al d

iver

sity

of t

he e

cosy

stem

are

min

imis

ed

In

land

FM

C amp

PIR

SA

Ann

ual

1 Q

uant

ify th

e im

pact

of

fishi

ng o

pera

tions

on

enda

nger

ed t

hrea

tene

d an

d pr

otec

ted

spec

ies t

hrou

gh

targ

eted

rese

arch

pro

ject

s

1 A

vaila

bilit

y of

bas

elin

e da

ta

to u

nder

take

an

anal

ysis

of t

he

fishi

ng re

late

d im

pact

s on

en

dang

ered

thr

eate

ned

and

pr

otec

ted

spec

ies

1 A

n in

crea

sing

tren

d in

the

leve

l of i

nter

actio

n be

twee

n fis

hing

ope

ratio

ns a

nd

enda

nger

ed t

hrea

tene

d an

d pr

otec

ted

spec

ies o

ver a

thre

e ye

ar p

erio

d

Inla

nd F

MC

amp P

IRSA

A

nnua

l

2 Im

prov

e da

ta re

cord

ing

syst

ems t

o co

llect

bas

elin

e in

form

atio

n on

fish

ery

inte

ract

ions

with

end

ange

red

th

reat

ened

and

pro

tect

ed

spec

ies

2 A

vaila

bilit

y of

risk

ana

lysi

s to

ass

ess t

he v

ulne

rabi

lity

of

enda

nger

ed t

hrea

tene

d an

d

prot

ecte

d sp

ecie

s to

fishi

ng

oper

atio

ns

PIR

SA

Ann

ual

3 U

nder

take

a ri

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co

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App

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x A

241

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-nat

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4 P

rogr

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f nat

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l ini

tiativ

es

aim

ed a

t dev

elop

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effe

ctiv

e no

n-na

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spec

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l mec

hani

sms

PIR

SA

Ann

ual

Inla

nd F

MC

A

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A

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l

1 A

n in

crea

sing

tren

d in

non

-na

tive

spec

ies p

opul

atio

n le

vels

242

Man

agem

ent O

bjec

tives

M

anag

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t Str

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Perf

orm

ance

Indi

cato

rs

Res

pons

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Sche

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Poi

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a P

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cost

-eff

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fishe

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1 D

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ngem

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that

are

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min

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nual

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l rea

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tribu

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w

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xplo

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stak

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roup

s to

shar

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1 T

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in th

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Tre

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Ann

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to th

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and

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e m

anag

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t dev

elop

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ts to

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wid

er c

omm

unity

1 F

ishe

ries M

anag

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t C

omm

ittee

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hip

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cts

the

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of th

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Inla

nd F

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and

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Ann

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and

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SA F

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Ann

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Inla

nd F

MC

and

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SA F

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ries

Ann

ual

App

endi

x A

243

Man

agem

ent O

bjec

tives

M

anag

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t Str

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Perf

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Indi

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rs

Res

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Sche

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Poi

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Cos

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c P

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with

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t con

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1

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l com

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3 D

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to q

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l cat

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4 P

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5

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atch

7

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of il

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the

num

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f com

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nce

actio

ns

each

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r (e

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tions

for

mal

br

iefs

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) 4

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nd in

the

num

ber o

f Fi

shw

atch

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rts e

ach

year

PIR

SA

Ann

ual

PIR

SA

Ann

ual

PIR

SA

Ann

ual

PIR

SA F

ishw

atch

A

nnua

l

1 In

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sing

tren

d in

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l of

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ity d

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ted

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hery

ove

r a th

ree

year

per

iod

244

Reporting Fishers The primary source of data used to underpin all stock assessment work is fishery-dependent At this stage this approach is considered appropriate given the scale of the fishery and its stage of development The collection of fishery-dependent data is facilitated by a commercial logbook program which requires all commercial fishers to compulsorily record daily information on catch and effort levels and other details on daily fishing operations This information is submitted monthly and entered into a database which is managed by SARDI Aquatic Sciences SARDI fisheries statistics staff carry out data validation by querying catch effort and fishing block information

Information collected through the logbook program is periodically reviewed to ensure data collection meets management and research needs

PRISA Stock assessment and stock status reporting for key species in the Lakes and Coorong Fishery Species 200405 200506 200607 200708 200809 Mulloway SA ST ST SA ST Cockles ST SA ST SA ST Mullet SA ST ST ST SA Golden Perch SA ST ST ST SA Black bream LIT ST SA ST ST Flounder LIT SA ST ST ST

Glossary

bull SA (full stock assessment report) A full stock assessment report comprises a detailed analysis of fishery status and includes a review of all biological research undertaken on the speciesfishery covering all sectors and generally including a fieldwork component A mix of fishery-dependent and fishery-independent data should be incorporated A detailed scientific interpretation of all results is provided to address all relevant performance indicators outlined in the Management Plan Management implications and future research needs are taken into account

bull ST (status report) A status report comprises a desktop study of fishery status reporting only on key performance indicators outlined in the Management Plan A limited data analysis is provided without detailed scientific interpretation Generally no fieldwork component would be undertaken and

bull LIT (Literature review) A literature review involves undertaking an exhaustive search of all published literature available for a species to assist in the process of prioritising future biological research

Appendix A 245

Research The annual process undertaken by the Inland FMC to direct research at priority areas for the fishery has been developed as part of the strategic research and monitoring plan

There are significant gaps in the information concerning basic biological parameters for many of the key species in the Lakes and Coorong Fishery Research must be directed at addressing these information gaps to underpin reliable quantitative stock assessment and future management decision-making The strategic research and monitoring plan has identified biological research priorities for each priority species in the fishery The fishery-wide research priorities are also listed in the strategic research and monitoring plan and are aimed at addressing fishery-wide issues over the life of the Management Plan These priorities will be updated annually by the Inland Fisheries Management Committee to address emerging issues and changing priorities

The Lakes and Coorong Fishery can be classified as a data poor fishery with only limited quantitative information available to managers during annual decision-making processes The primary focus of the strategic research and monitoring plan is to increase the amount of quantitative information available for management of the fishery This plan aims to ensure that all research and stock assessment undertaken in the Lakes and Coorong Fishery is carried out to address established management priorities and information gaps The following diagram outlines the annual process undertaken by the Inland FMC to direct research at priority areas for the fishery

The following research priorities are aimed at addressing fishery-wide issues over the life of the Management Plan These priorities will be updated annually by the Inland Fisheries Management Committee to address emerging issues and changing priorities This set of priorities covers the following broad areas

bull Fisheries assessment and biology bull Habitat and ecology bull GovernanceManagement bull Socio-economics and bull Industry development

Research priorities have been rated using the following scale

5 = Essential 4 = High 3 = Moderate 2 = Low 1 = Very low

Consultation Section 46 of the Fisheries Act establishes a set of regulation-making powers to formalise a co-management process for fisheries management in South Australia The Fisheries (Management Committees) Regulations 1995 outline a set of co-management principles and establish a number of Fisheries Management Committees (FMCs) for key fisheries or groups of fisheries including the Inland FMC The Fisheries Act requires that the Minister the Director of Fisheries and the FMCs to operate in accordance with the principal objectives outlined in the Fisheries Act

The Inland FMC provides the principle forum for stakeholder consideration of fisheries management and research issues relevant to the inland fisheries of South Australia FMCs are designed to assist the Minister the Director of Fisheries and fishery

246

managers in the administration of the Fisheries Act consistent with the objectives of the Fisheries Act and the designated management plans for each fishery The regulations prescribe the advisory role and function of all FMCs The Fisheries Act also provides a capacity for the Minister or the Director of Fisheries to delegate decision-making functions to an FMC

The role and function of FMCs has evolved over time Membership of the Inland FMC consists of a Government fisheries manager a Government scientist commercial fishers and recreational fishers appointed by the Minister An independent Chairperson is appointed by the Minister to facilitate meetings A committee support officer provides secretarial support to the committees The Minister appoints non-Government members of the committee after calling for applications from relevant parties and interest groups and undergoing a transparent selection process involving relevant stakeholder representation

The Inland FMC is required to produce an annual report to he Minister and to hold a public meeting each year to provide an opportunity for the FMC to publicly report on its yearly activities and allow for members of the broader community to discuss relevant issues with FMC members Observers are welcome to attend meetings with agreement from the chairperson The operating costs of the Inland FMC are currently funded through a combination of fees paid by commercial fishery licence holders and Government funds The Inland FMC meets approximately four to six times per year

The Fisheries Act requires the Minister or a delegate to consult with licence holders who may be adversely affected by a change to licence conditions in particular the removal of a species or gear entitlement from a commercial fishing licence No formal requirements currently exist in the Fisheries Act to consult with the broader community concerning fisheries management decision-making However as a matter of policy PIRSA Fisheries consults with key stakeholder groups and the broader community through public comment processes when significant management changes or developments are being considered For example all Fisheries Management Plans undergo a public consultation process Formal community consultation and accountability provisions are being considered as part of the Fisheries Act review process

Supporting documentationreports bull Economic indicators for the Lakes and Coorong Fishery 200304 (August 2005)

A report prepared for PIRSA by EconSearch Pt Ltd and bull Economic indicators for the commercial fisheries of South Australia

Summary Report 200304 (April 2006) A report prepared for PIRSA by EconSearch Pty Ltd

References PIRSA submission to DEWHA Ecological Assessment of the South Australian Lakes and Coorong Fishery Assessment Report Prepared for the Australian Government Department of Environment and Heritage against the Guidelines for the Ecologically Sustainable Management of

Appendix A 247

Fisheries For the purposes of Part 13(A) of the Environment Protection and Biodiversity Conservation Act 1999 (5 September 2005) DEWHA Assessment Assessment of the South Australian Lakes and Coorong Fishery (November 2005) Australian Government Department of the Environment and Heritage Legislation International legislation

bull United Nations Convention on the Law of the Sea 1982 and bull Ramsar Convention (1971)

Commonwealth legislation

bull Environmental Protection and Biodiversity Conservation (EPBC) Act 1999 SA State legislation

bull The Fisheries Act 1982 insofar as this Act applies to the River Murray seeking to further the objects of the River Murray Act 2003 and the objectives of a healthy River Murray under that Act

bull Review of fisheries Act bull Fisheries (Scheme of Management Lakes and Coorong Fishery) Regulations

1991 bull Fisheries (General) Regulations 2000 and bull Fisheries (Management Committees) Regulations 1995

Management

bull Management Plan for the South Australian Lakes and Coorong Fishery (July 2005) Sean Slaon fisheries Division Primary Industries and Resources South Australia Plan to be reviewed in 2009

bull The regulations that govern the management of the Lakes and Coorong Fishery are the Fisheries (Scheme of Management ndash Lakes and Coorong Fishery) Regulations 1991 and the Fisheries (General) Regulations 2000 The Fisheries (Management Committees) Regulations 1995 (the FMC regulations) provide the legal basis for the preparation of the management plan and

bull Stock assessment and stock status reports for key species in the Lakes and Coorong Fishery

Other

bull Bryars S (2003) An inventory of important coastal Fisheries Habitats in South Australia

bull Murray-Jones S and Johnson JA (2003) Goolwa cockles (Donax deltoides) Fishery

bull Assessment Report to PIRSA (Fisheries) for the Inland Waters Fisheries Management Committee South Australian Fisheries Assessment Series 200221

bull Reynolds LF (1976) Decline of the native fish species in the River Murray SAFIC No 8 19 ndash 24

248

bull Fish Habitat Program PIRSA NHT Project No 99069 Fisheries habitat ndash a strategy for sustainability

bull Economic indicators for the Lakes and Coorong Fishery 200304 A report prepared for PIRSA by Econsearch (August 2005)

bull Economic indicators for the commercial fisheries of South Australia summary report 200304 A report prepared for PIRSA by Econsearch (18 April 2006) and

bull Economic indicators for the commercial fisheries of South Australia summary report 200102 A report prepared for PIRSA by Econsearch (November 2003)

Part 2 DEWHA assessment SA Lakes and Coorong fishery

The assessment

For the purposes of the wildlife trade provisions of Part 13A of the EPBC Act bull 3Department of the Environment and Heritage Assessment Report (November

2005) bull 3Declaration of an approved Wildlife Trade Operation ndash Gazetted on Wednesday

30 November 2005 S207 bull 3Amendment of List of Exempt Native Specimens ndash Registered on Wednesday

30 November 2005 F2005L03826 bull 3Ministerial Decision (28 November 2005) bull 3Agency submission on ecological sustainability (5 September 2005) and bull Invitation to comment closed Friday 14 October 2005

DEWHA assessment

Assessment of the South Australian Lakes and Coorong Fishery (November 2005) Australian Government Department of the Environment and Heritage (Overall assessment pgs 11-12) The material submitted by PIRSA demonstrates that the management arrangements for the South Australian LCF meet most of the requirements of the Australian Government Guidelines for the Ecologically Sustainable Management of Fisheries While the fishery has the basis upon which good management arrangements can be implemented DEWHA has identified a number of risks that must be managed to ensure that their impacts are minimised

bull Un-validated fishery dependent data that is not reported at fine temporal and spatial scales

bull Appropriate to the mode of operation in some sectors of the fishery bull Absence of current robust estimates of recreational Indigenous and illegal take

of LCF species bull Limited stock assessment processes and lack of sound sustainable yield

estimates bull Primary management control of species size limits not consistent with

reproductive biology bull Limited direct control on effort across all sectors of the fishery

Appendix A 249

bull no ongoing provision for fishers to record bycatch including interactions with threatened

bull Endangered and protected species and bull Absence of an evaluation of the impact of fishing activity on the ecological

character of The Coorong and Lakes Alexandrina and Albert Wetland Ramsar site

The operation of the fishery is consistent with the objects of Part 13A of the EPBC Act DEWHA therefore recommends that the fishery be declared an approved Wildlife Trade Operation (WTO) Specifically the WTO declaration would allow the export of product from the fishery for a period of 3 years The WTO declaration will require annual reporting on the progress of implementing the recommendations of this report and other managerial commitments The implementation of recommendations and other commitments made by PIRSA in the submission will be monitored and reviewed as part of the next DEWHA review of the fishery in 3 years time

Ministerial decision (28 November 2005)

Performance against the Australian Government Guidelines for the Ecologically Sustainable Management of Fisheries is adequate however there are a number of issues that need to be addressed to contain environmental risks in the longer term The Minister proposed to declare the fishery an approved Wildlife Trade Operation (WTO) under Part 13A of the EPBC Act This declaration would allow the export of product from the fishery for the next three years The declaration subject to the conditions and recommendations as outlined below Conditions

1 Conditions on the Wildlife Trade Operation Declaration for the South Australian Lakes and Coorong Fishery

2 Operation of the fishery will be carried out in accordance with the Fisheries (Scheme of Management ndash Lakes and Coorong Fisheries) Regulations 1991 and the Fisheries (General) Regulations 2000 in force under the South Australian Fisheries Act 1982 Department of Primary Industries and Resources South Australia (PIRSA) to inform the Department of the Environment and Heritage (DEWHA) of any material change to the Marine Scalefish Fisheryrsquos management arrangements that could affect the criteria on which the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) decisions are based within three months of that change being made

3 Reports to be produced and presented to DEWHA annually and to include

bull information sufficient to allow assessment of the progress of PIRSA in implementing the recommendations made in the Assessment of the South Australian Lakes and Coorong Fishery

bull a description of the status of the fishery and catch and effort information

bull a statement of the performance of the fishery against objectives performance indicators and measures once developed and

250

bull research undertaken or completed relevant to the fishery

Recommendations The following recommendations aim to address these risks and uncertainties The Department of Primary Industries and Resources South Australia (PIRSA) should action these recommendations before the next review in 2008 or within the timeframe specified in individual recommendations

1 PIRSA to advise the Department of the Environment and Heritage (DEWHA) of any material change to the LCFrsquos management arrangements that could affect the criteria on which Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) decisions are based within 3 months of that change being made

2 PIRSA within 2 years to complete the review of catch and effort logbooks and implement methods to enable catch and effort to be monitored over finer temporal and spatial scales

3 PIRSA within 12 months to review available options to validate catch and effort data on target and byproduct species in the LCF Appropriate validation mechanisms for target and byproduct catch and effort data to be progressively developed and applied in the fishery within 18 months

4 PIRSA within 2 years to further refine stock assessments in a process to develop more robust sustainable yield estimates for key species As a first step PIRSA to implement ongoing programs within 12 months to obtain necessary biological and environmental data to inform stock assessment and performance criteria of key species

5 PIRSA to develop precautionary harvest reference points for bony bream in order to identify any substantial alterations in fishing effort or byproduct catch rates which may indicate changes in stock status

6 Within 18 months PIRSA to develop a process to improve estimates of all removals of LCF species including recreational and Indigenous harvests as well as an estimate of illegal take and factor these into the stock assessments and management controls to ensure overall catch levels are sustainable

7 PIRSA within 2 years to develop and implement management arrangements to control the extent of harvests of all target and key byproduct species at ecologically sustainable levels Particular consideration should be directed at addressing the presently uncontrolled increases in catch of Goolwa cockles and risk of overexploitation of cockle stocks

8 PIRSA within 18 months to review known biology of harvested species and existing size limits to ensure size limits are sufficiently precautionary and take into account all removals from the fishery

9 PIRSA within 2 years to develop and implement an ongoing program to collect information on the composition and abundance of bycatch across the commercial sectors of the fishery

10 Within 2 years PIRSA to conduct an ecological risk assessment of the impacts of the LCF including any impacts on the listed ecological character and values of The Coorong and Lakes Alexandrina and Albert Wetland Ramsar site (Site No 25) PIRSA to develop and implement any mitigation measures considered necessary

Appendix A 251

Tasmanian fisheries bull 3Abalone Fishery bull 3Commercial Dive Fishery bull 3Giant Crab Fishery bull 3Freshwater Eel Fishery bull 3Kelp Fishery bull 3Marine Aquarium Fish Fishery

bull 3Native Oyster Fishery bull 3Octopus Fishery bull 3Rock Lobster Fishery bull 3Scalaris Abalone Fishery bull 3Scallop Fishery

Tasmanian DIPW submissions to DEWHA

The submissions to DEWHA under the EPBC Act addressed the EPBC principles and objectives (ecological only)

The Tasmanian 3Giant Crab Fishery an example Part 1 provides a summary and details of the SA PIRSA agency submission on ecological sustainability to DEWHA Part 2 provides summary information of DEWHA assessment of the fishery and the Ministerial decision conditions and recommendations

Part 1 TAS (DPIW) submission to DEWHA (April 2006) Submission for the purposes of the protected species provisions of Part 13 and the wildlife trade provisions of Part 13A of the EPBC Act The following information is from the report Assessing the Ecological Sustainability of the Tasmanian Giant Crab fishery A draft report prepared for the Department of Environment and Heritage as required for assessment against the Guidelines for the Ecologically Sustainable Management of Fisheries for the purposes of Part 13 and Part 13A of the Environment Protection and Biodiversity Conservation Act 1999 (April 2006) prepared by Hilary Revill Tasmania Department of Primary Industries and Water Other relevant information that is included is sourced from the TAS (DPIW) fisheries web documents and in each case source references are provided

A summary of the TAS (DIPW) submission to DEWHA is provided in the table below and then in more detail under the same headings This is followed by other TAS (DPIW) supporting documents and reports and references for this section

Legislation Commonwealth legislation Environmental Protection and Biodiversity

Conservation (EPBC) Act 1999 State legislation Tasmanian Living Marine Resources Management

Act 1995 Fisheries (Giant Crab) Rules 2006 Living Marine Resources Management Act 1995

252

Fishing (Licence Ownership and Interest) Registration Act 2001 Marine Farming Planning Act 1995 Regulations Fisheries (General and Fees) Regulations 2006 Fisheries (Infringement Notices) Regulations 2001 Fisheries Penalty Regulations 2001 Fishing (Licence Ownership and Interest) Registration (Fees) Regulations 2002 Marine Farming Planning Regulations 1996 Orders Fisheries (Research Area) Order 2005 Fisheries (Research Area) Order 1996 Fisheries (Value of Fish) Order 1997

Management Management plans and regulations Fisheries (Giant Crab) Rules 2006 (managed

under a management plan) Fisheries (Processing and Handling) Rules 2001

Codes of practice Voluntary industry Clean Green program Harvest strategies Target Outputs Total allowable catch (TAC) and

the minimum size limit Inputs limited entry gear restrictions quota units

Spatial management Closed season for females

Assessment

Stock assessment Target annual stock assessment New stock assessment model under development The assessment also provides analysis of byproduct bycatch TEP interactions ecosystem impacts

EIS No

Risk assessment Risk assessment on impact of traps on habitat (2005)

Economic components No

Social components No

Governance No

Monitoring and performance Monitoring A research program has been initiated to provide

ongoing monitoring of bycatch in the absence of a regular observer program

Performance indicators and trigger points

Performance in meeting objectives of maintaining biomass and recruitment measured CPUE size and sex distributions changes in fishing area size of giant crab fleet Trigger points are levels of or rates of changed that are considered outside the normal variation of the stocks and fishery which when occurs the Minister will review the management of the fishery

Observer Program No

Reporting Fishers The provision of log sheets on a monthly basis is

mandatory Fishers cannot renew their giant crab licence unless all their log sheets have been submitted Giant crab fishers are required to

Appendix A 253

complete a daily catch and effort log sheet by midnight for every day that fishing occurs

DPIW The Rural and Marine Industry Profiles (1999 2003 2004) are a comprehensive guide to Tasmanias animal plant fisheries and organics industries The Tasmanian Marine Industry Profiles are a comprehensive guide to the wild fisheries and the aquaculture sector Each profile includes the industry structure economic data Government inputs and involvements objectives for the future and topical issues

Research

Research Research program is underway

Consultation

Crustacean Fisheries Advisory Committee (CFAC)

TAS (DIPW) submission to DEWHA in more detail

Legislation Acts Commonwealth legislation

bull Environmental Protection and Biodiversity Conservation (EPBC) Act 1999 State legislation

bull Tasmanian Living Marine Resources Management Act 1995 bull Fisheries (Giant Crab) Rules 2006 bull Living Marine Resources Management Act 1995 bull Fishing (Licence Ownership and Interest) Registration Act 2001 bull Marine Farming Planning Act 1995 Regulations bull Fisheries (General and Fees) Regulations 2006 bull Fisheries (Infringement Notices) Regulations 2001 bull Fisheries Penalty Regulations 2001 bull Fishing (Licence Ownership and Interest) Registration (Fees) Regulations 2002

and bull Marine Farming Planning Regulations 1996

Orders

bull Fisheries (Research Area) Order 2005 bull Fisheries (Research Area) Order 1996 and bull Fisheries (Value of Fish) Order 1997

Management

Plans and regulations

bull Fisheries Rules 1999 bull Fisheries (Giant Crab) Rules 2006 (managed under a management plan) and bull Fisheries (Processing and Handling) Rules 2001

254

The new management plan for the Giant crab fishery is contained within a set of statutory rules titled the Fisheries (Giant Crab) Rules 2006 which have been made under Part 3 of the Living Marine Resources Management Act 1995 (the Act) The management plan is supported by the Giant Crab Fishery Policy Document of May 1999 The Act sets out the objectives for the sustainable management of living marine resources in Tasmania and provides the framework for developing and implementing management plans for each of the Statersquos fisheries Management objectives and strategies for the fishery (1999 Giant Crab policy document) Objective 1 To maintain fish stocks at optimum sustainable levels by constraining the total catch and the size of individual giant crabs taken by the commercial sector Strategies 1 Limiting the targeted commercial catch through setting a total allowable catch

(TAC) and using individual transferable quotas to allocate proportions of the TAC 2 Limiting access to bycatch of giant crabs 3 Minimise the opportunity for illegal activity through a monitoring compliance and

enforcement strategy

4 Conserving egg production and restricting fishing mortality on spawning or berried female giant crabs by the use of minimum size limits and the closure of the fishery for female giant crabs during the peak spawning period

5 Conserve breeding capability by introducing a maximum size limit to ensure a proportion of large males and females are returned to the water

Objective 2 Managing commercial fishing interactions to mitigate any conflict that results from competition between different fishing methods for access to shared fishing grounds Strategies

1 Restrict the number of giant crab trapspots that can be used from individual fishing vessels

2 Restrict the number of giant crab fishing vessels in the fishery 3 Restrict the separation of licences for the giant crab and rock lobster fisheries

Objective 3 Sustaining yield and reducing incidental fishing mortality

bull To take fish at a size likely to result in the best use of the yield from the fishery bull To provide measures to protect under-size giant crabs and bull To minimise incidental fishing mortality as a result of fishing operations

Strategies 1 Maintenance of size limits 2 Escape gaps (incidental fishing mortality)

Objective 4 Providing socio-economic benefits to the community

bull To recover a financial contribution from the commercial giant crab fishers to contribute to the real costs of management compliance and research and

Appendix A 255

bull To ensure the giant crab fishing fleet continues to provide employment and an economic return to coastal communities of Tasmania

Strategies

1 Determine the real costs of management compliance and necessary research costs for the giant crab fishery

2 Equitably pass on the additional management and research costs as identified in this document to participants in the giant crab fishery

3 Optimising the economic return to fishers from the resource by providing flexible and workable operating rules which can be enforced in a cost efficient manner

4 Collecting a granting fee and an annual resource levy for each quota unit to provide a return to the Community

Objective 5 Providing high quality produce To promote and maintain handling and processing practices which ensure the highest quality giant crab product for human consumption Strategies 1 Promote quality carrying handling and storage practices for giant crab on board

fishing vessels and by fish processors through the use of codes of practice and industry initiatives

The development of a new strategic policy document for the fishery and review of the current objectives and strategies is a high priority DEWHA made a specific recommendation following the first assessment of the fishery relating to the development and encouraging the adoption of an environment code of practice in consultation with industry The recommendation also included implementing a means of monitoring fisher adoption of the code of practice In 2004 the peak industry body representing rock lobster and giant crab fishers the Tasmanian Rock Lobster Fishermenrsquos Association (TRLFA) began actively promoting adoption of a program called the ldquoClean Green Programrdquo

This program is an environmental management system which is certified and conforms to nationally recognised JAS-ANZ and ISOIEC standards The program is a pot ndash to ndash plate initiative with standards of best practice covering environmental practice seafood safety and quality and occupational health and safety The standards have been developed by industry for industry to meet developing market community and government expectationslegislation in environmental management Performance against all criteria is audited independently

The environmental practice covered by the program includes fishery sustainability minimising bycatch minimising ecological interactions avoiding seal breeding colonies whale identification introduced pests waste disposal procedures safe refuelling and spill kit use For more details refer to the summary table in attachment 4

This program is not specific to the giant crab fishery however given the generic nature of the environmental issues covered by the program and the assessed low impact of the gear type DPIWE believes that it is a highly suitable cost effective environmental program for the fishery Note all giant crab fishers have to hold a rock lobster licence

256

DPIWE can monitor fisher adoption of the program by liaising with the Southern Rock Lobster coordinator of the program

Codes of practice

Recommendation from the first DEWHA assessment (October 2003) DPIWE in collaboration with industry to develop and encourage the adoption of an environmental code of practice that aims to minimise fishing effects on ecosystems threatened species and threatened ecological communities within three years and develop and implement a means of monitoring fisher adoption of the code of practice In response the Tasmanian Rock Lobster Fishermenrsquos Association (TRLFA) the peak industry body representing rock lobster and giant crab fishers) has actively promoted the adoption an certified environmental management system called the ldquoClean green programrdquo DPIW has supported adoption of the program and is monitoring fisher adoption of the voluntary program

Harvest strategies

Target species are managed by outputs and inputs Outputs include Total allowable catch (TAC) and the minimum size limit Inputs include limited entry gear restrictions and quota units

Spatial management

Closed seasons for females

Assessment

Stock assessment

Target The Giant crab fishery is formally assessed annually through the preparation of a fishery assessment report The fishery assessment also provides other analyses including bycatch of other species byproduct species protected species interactions ecosystem impacts and interactions spatial distribution of catch and effort structure of catches including undersize malefemale and discards

DEWHA made a specific recommendation following the first assessment of the fishery that further research and analysis to be undertaken into giant crab biology in particular

bull Estimation of recruitment to the fishery bull Completion of the analysis of existing growth rate information bull Estimation of fishing mortality and bull Ecosystem and habitat research

This has been achieved through two significant FRDC research projects The first project has been completed and addresses the first three dot points The draft final report (Gardner et al 2006) lsquodevelopment of assessment toolrsquos is currently with FRDC

Appendix A 257

for their consideration and approval prior to distribution The results of this project were incorporated in the 200405 fishery assessment No commercial fishers under a Tasmanian State licence may retain giant crab except for rock lobster fishers Removals by the Commonwealth Trawl sector (addresses DEWHA recommendation 4 from first assessment) Data on retained bycatch of crabs from trawlers has been obtained from

bull AFMA logbook records (although giant crab catch was generally recorded generically as ldquocrabrdquo and could thus include king crabs (lithodid species) and spider crabs (Leptomithrax spp)

bull AFMA observer programs and bull Voluntary recording by one trawl operator

Each of these data sources have some problems ie lack of species identification in logbooks and low area coverage of observer programs and limited voluntary data recording

Use of the new stock assessment model The following extract from the draft 20045 fishery assessment report describes how the new stock assessment model is being used in the Tasmanian Giant Crab Fishery A size-based stock assessment model using an annual time-step was developed using methods similar to those described by Punt and Kennedy (1997) who developed a size-based model for the Tasmanian rock lobster The giant crab model was developed as part of the FRDC funded project (FRDC 2001049 entitled Developing the tools for long-term management of the giant crab resource Data collection methodology stock assessment and harvest strategy evaluation) Full details of the model and the underlying description of giant crab growth are given in that document

The model is still under development for example it currently treats the whole of Tasmania as one population and a two population version (east and west coast fisheries treated separately) may be a better option although this reduces the available data At the same time a greater range of growth possibilities will be included in the analyses in an attempt to capture more of the potential uncertainty in the assessment

Byproduct Fisheries independent by product data has been collected by scientific observers during the FRDC project referred to in the above section In waters deeper than 100m from which the majority of the crab catch is taken there is only one significant by product species pink Ling and the levels of this species observed in crab traps is very low Fisheries dependent byproduct data collection is mandatory for giant crab fishers Byproduct is recorded in the Tasmanian General Fishing Logbook and catches can be traced back against the gear type ldquopotrdquo Therefore byproduct data is aggregated for the rock lobster (240 vessels) and giant crab fisheries The total reported by product catches of pink ling in pots for the last 5 years total just over 300 kilos (approximately 60kgs per year)

258

Bycatch Collection of bycatch species occurred as part of the catch sampling component of the FRDC project aimed at improving giant crab assessment techniques Fieldwork also took place between 2001 and 2004 with scientific observers on industry vessels This data indicated there was very little bycatch in crab traps This research was undertaken through core funding provided by DPIWE rather than through any of the large FRDC projects Due to the low level of bycatch in this fishery future fisheries independent data collection of bycatch species information will occur on an ad hoc basis whenever scientific observers are on industry vessels In 2004 the TAFI research database was modified to include bycatch data A research program has been initiated to provide ongoing monitoring of bycatch in the absence of a regular observer program (which is not economically feasible) This involves bycatch data collection by fishers at sea using waterproof disposable cameras This project is funded by DPIWE and is ongoing with results to be reported in the next assessment TEP A protected species interaction monthly record was introduced into the Giant Crab catch and effort logbook on 1 March 2006 Fishers are required to tick the protected species interaction field on the catch effort log sheet for any day when an interaction occurs and are required to complete the protected species interaction monthly record at the back of the log book to provide full details about the interaction A list of protected species is provided at the front of the logbook The logbook instructions state that The Environment Protection and Biodiversity Conservation Act (EPBC) 1999 requires all interaction information to be collected by all fisheries

Fisheries independent data on protected species interactions comes through the extensive monitoring conducted for the rock lobster fishery Gear and vessels operating in the two fisheries are essentially identical so it is reasonable to assume that interactions are equivalent This fisheries independent data source includes interactions such as consumption of discarded bait by protected species and roosting on vessels

Appendix A 259

HabitatEcosystems The Tasmanian Giant Crab Fishery is a minor pot fishery with a small number (lt 12) of specialised licensed fishers harvesting over 90 of the 62t total allowable catch The fishery operates in deep waters (120 ndash 250m) at the edge of the continental shelf The total number of pot lifts for these fishers has ranged between 28561 and 18225 over the last 4 years The total footprint is estimated by assuming that each trap covers 1 square meter and that no two traps land on the same point Total annual footprint has thus averaged around 23500 m2 which equates to a tiny area around 150 x 150 m Also note that benthos contacted by the crab trap is not necessarily removed or impacted Habitat damage from crab traps is thus clearly an extremely low risk issue in terms of impact on the structure productivity function and biological diversity of the ecosystem Impact on the ecosystem through interactions with the removal of a portion of the crab population is managed through maintenance of legal size biomass

Risk assessment

There are no specific assessments or risk analyses on by-catch species as the impact is believed to be low particularly as many of the species can be returned to the water alive However in response to a specific DEWHA recommendation from the first assessment of this fishery DPIWE has in conjunction with TAFI considered strategies to assess changes in bycatch trends Three types of strategy were considered

bull Scientific observer program bull Scientific observer program and bull Photographic recording of bycatch by fishers for analysis by researchers trials

of this simple cost effective strategy have commenced and will be reported on in the next stock assessment

The primary measure in place to avoid capture and mortality of bycatch species is the mandatory escape gap in each pot Pot specifications including escape gap specifications are detailed in the management plan (Fisheries (Giant Crab) Rule 2006) The primary measure in place to avoid capture and mortality of bycatch species is the mandatory escape gap in each pot Pot specifications including escape gap specifications are detailed in the management plan (Fisheries (Giant Crab) Rule 2006)

A risk assessment of the impact of the giant crab traps on a range of habitats was conducted by the Technical working group reporting to DEWHA on fishing risk assessment for the development of MPArsquos The risk assessment report (Anon DEWHA 2005) states that the most significant interaction is through contact of the traps on the bottom The traps are heavy enough to avoid movements with currents on the bottom and the footprint is small The consequences of the interaction were that settling traps could damage fragile species and there could be some long term damage to the habitat with affected organisms taking some time to recover However these consequences were deemed to be negligible by virtue of the very small footprint and the overall risk rating is low

DEWHA made a specific recommendation following the first assessment of the fishery which stated that DPIWE should initiate research to assess the risk of ghost fishing and develop management strategies The potential for crab traps to ghost fish is being

260

assessed by TAFI in three ways each is directed to evaluating the ability of crabs to escape from a trap after entering it Giant crab fisher estimates on the number of traps lost per year ranges from 3 to 30 Extrapolating this number for all major crab fishers and adding a factor to cover the minor operators suggests that the number of lost pots per annum is likely to be significantly less than 500

Monitoring

Monitoring

Recommendation 3 from previous assessment DPIWE to develop and implement an ongoing data collection and monitoring system to enable identification of long term trends in giant crab discards within two years Response fishers record details of giant crab discards (returned to sea) in logbook data for is use in the stock assessment Landings of all giant crab are subject to the rigorous reporting requirements of the giant crab quota monitoring system Monitoring changes in fishing patterns provides information about the state of the resource A research program has been initiated to provide ongoing monitoring of bycatch in the absence of a regular observer program (which is not economically feasible) This involves bycatch data collection by fishers at sea using waterproof disposable cameras This project is funded by DPIWE and is ongoing with results to be reported in the next assessment

Indicators and trigger points

Recommendation 5 from previous assessment DPIWE to develop and implement within three years meaningful performance indicators and trigger points relating to legal size biomass and egg production If existing research yields sufficient biological data this work should be undertaken as soon as possible Addressing this recommendation was totally reliant on the additional biological data generated through the FRDC project developing assessment tools This project was not able to commence until about 18 months later than was anticipated when the first assessment report was drafted Hence DPIWE has not been able to address this recommendation to date However as a draft final report has now been submitted to FRDC a review of meaningful indicators and triggers for the crab fishery is scheduled as a high priority

Performance indicators from the Giant Crab Policy Document 1999 The performance of the Giant Crab Fishery Management Plan in meeting the objectives of maintaining biomass and recruitment will be measured through a combination of performance indicators concerning the sustainability of the giant crab resource Analysis of fishery performance under this management plan will be examined and measured variously by the use of but not restricted to the following items

Appendix A 261

bull Catch per unit effort (CPUE) bull Catch per unit of effort is a measure of the catch rate and is also commonly used

as an index of relative abundance bull The total annual commercial catch including by-catch bull The total annual catch may fall below the TAC for a number of reasons which

must be accounted for before any action is taken The commercial catch taken under quota will be monitored against the TAC for the fishery In addition the level of the by-catch of giant crabs taken by rock lobster fishers will be monitored and action taken if it increases beyond historic levels

bull Size and sex distribution of the commercial catch Changes in the size distribution or sex ratio of the catch may result from changes in the stock and may provide information about declines in the biomass However such changes may result from changes in fishing or market requirements

bull Changes in fishing area - if catch and effort from an area declines it may be as a result of overfishing In this case fishers may shift their effort to other regions Monitoring changes in fishing patterns provides information about the state of the resource and

bull The size of the giant crab fleet As the restructuring process occurs it is likely that the number of licences and vessels operating in the giant crab fishery will decline

Trigger points for management review Trigger points are levels of or rates of change in the above performance indicators that are considered to be too low or outside the normal variation of the stocks and the fishery When one or more of the following trigger points have been met the Minister will review the management of the giant crab fishery These trigger points may be reached by themselves or in combination There may also be additional factors such as those relating to the environment or market or requests from sectors of the fishery that could lead to a review of the management of the fishery A trigger point will be reached when one or more of the following criteria are met Catch per unit effort (CPUE)

bull When CPUE for the State declines for two consecutive years bull When CPUE for any region declines by a total of 20 in two years bull The total annual commercial catch bull When the total yearly catch does not exceed 90 of TAC in any year bull The by-catch of giant crabs taken by rock lobster fishers exceeds 5 tonnes in

any year bull Size distribution of the commercial catch bull The proportion of the catch above 5 kg varies by more than 30 compared to

the 199697 distribution and bull The proportion of the catch below 3 kg varies by more than 30 compared to

the 199697 distribution

262

Management action upon reaching Trigger Points When one or more of the fishery performance indicators described have reached or exceeded their respective trigger point the Secretary will undertake the following actions 1 Notify the Minister the Giant Crab Fishery Advisory Committee and participants in

the fishery 2 Undertake an examination of

bull The status of the giant crab fishery at the State and regional levels via the performance indicators and any other indicator of the fishery or its stocks

bull A variety of management options which would start rebuilding the stock to above the trigger level within a single year and

bull The implications of such management options for the fishery 3 Consult with the industry and the community as appropriate on the development of

alternative management strategies 4 Report to the Minister and industry within three months of the initial notification

on the outcomes of the examination of the fishery and the proposed management options Under Part 3 of the Living Marine Resources Management Act 1995 the Minister may review the Management Plan undertake emergency changes to the rules or revoke the Plan and introduce an interim Management Plan

Reporting Fishers The giant crab catch and effort logbook program has been place since 1999 (prior to this catch and effort data was recorded in a general fishing logbook) The provision of log sheets on a monthly basis is mandatory Fishers cannot renew their giant crab licence unless all their log sheets have been submitted Giant crab fishers are required to complete a daily catch and effort log sheet by midnight for every day that fishing occurs Data collected includes date time depth position and number of traps set date and time traps were hauled number of male and female crabs retained number of undersize crabs discarded number of legal size discarded and number and weight of crabs unloaded There have been no changes to the logbook between the first Department of the Environment and Heritage (DEWHA) assessment of the fishery in 2003 until March this year when a number of additional data fields were incorporated Additions included protected species interaction numbers of fish placed in a fish cauf and markers to indicate which sets contributed to each unloading The record of discards was also expanded to collect data on numbers of over size male discards and numbers of berried and un-berried females discarded From 1 March 2006 the discard section was made voluntary instead of mandatory

DPIW The Rural and Marine Industry Profiles (1999 2003 2004) are a comprehensive guide to Tasmanias animal plant fisheries and organics industries The Tasmanian Marine Industry Profiles are a comprehensive guide to the wild fisheries and the aquaculture

Appendix A 263

sector Each profile includes the industry structure economic data Government inputs and involvements objectives for the future and topical issues

Research A research program is under way mainly by researchers of the Tasmanian Aquaculture and Fisheries Institute Marine Laboratories at Taroona There are several areas for this research

bull To monitor the fishery via the collection and processing of catch and effort returns provided by commercial fishers

bull Coordination of voluntary collection of length-frequency data by commercial fishers to provide population parameters for stock assessments including - annual changes in the size structure of the giant crab population - to improve existing growth estimates

bull To assess the fishery using research data in conjunction with developing a mathematical stock assessment model including the analysis of risk associated with alternative harvest levels and

bull To understand the giant crab habitat and ecosystem including the assessment of the vulnerability of habitat damage by trawl and trap fishing gears

The second significant FRDC project which addresses DEWHA recommendation 2d (further research on ecosystem and habitat) and may provide data relevant to this section of the assessment report is FRDC project 2004066 lsquoUnderstanding shelf break habitat for sustainable management of fisheries with spatial overlaprsquo (this project will be referred to as FRDC project lsquounderstanding shelf break habitatrsquo ) The project is due to be completed by the end of 2006 This is a collaborative project between CSIRO and TAFI addressing issues of habitat structure and fishery interactions in the shelf-break zone (180-400 m) Objectives of this project are to

bull Evaluate the vulnerability of shelf-edge habitat to damage by trawl and trap fishing gears

bull Detail the distribution of exploited shelf-edge species in relation to habitat features

bull Define and map key habitats on the shelf edge (~80-180 fm) at key locations around Tasmania where fisheries using different gear types interact

bull Evaluate ecosystem links within habitats specifically trophic temperature and current flow links and

bull Evaluate our ability to use video to obtain fishery independent stock assessment information such as abundance sex ratio condition and size of target species

Full assessment of the results of this project and any implications for the management of the crab fishery will be considered in 2007

Consultation Ongoing stakeholder involvement in the management of the Giant crab fishery is through the expertise based Crustacean Fisheries Advisory Committee (CFAC) This

264

committee is appointed by the Minister under the Living Marine Resources Management Act 1995 to provide advice about the management of the Giant crab fishery The committee is comprised of three industry members nominated by the TRLFA a representative of the Tasmanian Fishing Industry Council (TFIC) a rock lobster fisher not on the TRLFA board two giant crab fishers (one with 15 + quota units) the executive officer of the TRLFA two processing sector representatives the DPIW fishery manager a TAFI research representative a Marine Police representative the DPIW Chief Fisheries Investigations Officer a conservation community representative nominated by the Tasmanian Conservation Trust There is an independent chairperson and the executive officer is provided by DPIW ndash 17 persons in total The committee meets four to five times per year and the term of appointment is for two years The Crustacean Research Advisory Group (CRAG) provides strategic research planning advice for the rock lobster and giant crab fisheries to the Tasmanian Aquaculture and Fisheries Institute (TAFI) and the Tasmanian Fisheries Research Assessment Board The CRAG is appointed by the Director of TAFI This group includes research scientists from TAFI CSIRO and the Australian Maritime College the commercial and recreational fishery managers commercial and recreational representatives and one conservation community representative The group meets one to two times per year The Crustacean Fisheries Assessment Working Group includes TAFI research scientists the commercial and recreational fishery managers commercial and recreational representatives This group provides advice to TAFI DPIW and the CFAC relating to the assessment of the fishery and the total allowable catch The group meets one to two times per year

Reportssupporting documentation The Giant Crab Policy Document 1999 Tasmanian Marine Protected Areas Strategy August 2001

References TAS DPIW submission to DEWHA Assessing the Ecological Sustainability of the Tasmanian Giant Crab fishery A draft report prepared for the Department of Environment and Heritage as required for assessment against the Guidelines for the Ecologically Sustainable Management of Fisheries for the purposes of Part 13 and Part 13A of the Environment Protection and Biodiversity Conservation Act 1999 (April 2006) prepared by Hilary Revill Tasmania Department of Primary Industries and Water DEWHA assessment Assessment of the Tasmanian giant Crab Fishery (July 2006) Australian Government Department of the Environment and Heritage

Appendix A 265

Legislation Commonwealth legislation

bull Environmental Protection and Biodiversity Conservation (EPBC) Act 1999 TAS State legislation

bull Tasmanian Living Marine Resources Management Act 1995 bull Fisheries (Giant Crab) Rules 2006 bull Living Marine Resources Management Act 1995 bull Fishing (Licence Ownership and Interest) Registration Act 2001 bull Marine Farming Planning Act 1995 Regulations bull Fisheries (General and Fees) Regulations 2006 bull Fisheries (Infringement Notices) Regulations 2001 bull Fisheries Penalty Regulations 2001 bull Fishing (Licence Ownership and Interest) Registration (Fees) Regulations 2002

and bull Marine Farming Planning Regulations 1996

Orders bull Fisheries (Research Area) Order 2005 bull Fisheries (Research Area) Order 1996 and bull Fisheries (Value of Fish) Order 1997

Management

bull Fisheries Rules 1999 bull Fisheries (Giant Crab) Rules 2006 (managed under a management plan) and bull Fisheries (Processing and Handling) Rules 2001

Others

bull Assessment of the Tasmanian giant Crab Fishery (July 2006) Australian Government Department of the Environment and Heritage (Overall assessment pgs 7-8)

bull The rural and Marine Industry profiles (199 2003 2004) bull Gardner C (2006) Faunal Catalogue FRDC project 2004066 Understanding

shelf break habitat for sustainable management of fisheries with spatial overlap Unpublished report Tasmanian Aquaculture and Fisheries Institute University of Tasmania

bull Punt and Kennedy (1997) missing in assessment report130 and bull FRDC 2001049 entitled Developing the tools for long-term management of

the giant crab resource Data collection methodology stock assessment and harvest strategy evaluation

266

Part 2 DEWHA Assessment 3Giant Crab Fishery 3Department of the Environment and Heritage assessment report (July 2006)

The assessment

bull Department of the Environment and Heritage assessment report (October 2003) bull 3Department of the Environment and Heritage assessment report (July 2006) bull 3Accreditation of a Plan of Management for the Purpose of Part 13 ndash 14 July

2006 bull 3Accreditation of a Plan of Management for the Purpose of Part 13 (21 July

2003) bull 3Declaration of a Wildlife Trade Operation ndash Gazetted on Monday 28 July 2003

S290 bull 3Declaration of an approved Wildlife Trade Operation ndash Gazetted on Tuesday 18

July 2006 S139 bull 3Amendment of List of Exempt Native Specimens- Gazetted Wednesday 20

October 2004 GN 42 bull 3Ministerial decision and recommendations (21 July 2003) bull 3Ministerial decision and recommendations (14 July 2006) bull 3Agency submission on ecological sustainability (May 2006) bull 3Agency submission on ecological sustainability (November 2002) and bull Invitation to comment on agency submission (May 2006) closed 2 June 2006

DEWHA assessment

Assessment of the Tasmanian giant Crab Fishery (July 2006) Australian Government Department of the Environment and Heritage (Overall assessment pgs7-8) The material submitted by DPIW demonstrates that the management arrangements for the TGCF meet most of the requirements of the Australian Government Guidelines for the Ecologically Sustainable Management of Fisheries Some changes to the TGCF management arrangements have occurred since the fishery was first assessed by DEWHA in July 2003 While progress has been made across a range of issues a number of commitments prepared in the initial assessment of the fishery in 2003 including a number of recommendations arising from the assessment do not appear to have been fully implemented by DPIW These include the implementation of performance indicators and trigger points relating to legal size biomass and egg production a system to validate byproduct data undefined longer term sustainable yield and biomass levels for giant crabs creating some uncertainty as to the appropriateness of the existing TAC level and a lack of bycatch monitoring and validation While this will not affect the immediate sustainability of the target species these issues and recommendations need to be addressed for the longer term sustainability of giant crab stocks A size-based stock assessment model for giant crabs has been developed by DPIW as part of the FRDC funded project While this is a significant step in providing the biomass of giant crabs is maintained at ecological viable levels the model is still under development and uncertainties discussed later in this report still remain In light of a

Appendix A 267

number of these concerns DPIW have advised that the development of a new strategic policy document incorporating a review of existing trigger points and performance indicators and the development of new indicators will commence towards the end of 2006 While the fishery is relatively well managed DEWHA has identified a number of risks and uncertainties that must be managed to ensure their impacts are minimised

bull Longer term sustainable yield and biomass levels for giant crabs not defined creating some uncertainty as to the appropriateness of the existing TAC level

bull Lack of byproduct data validation bull Lack of bycatch monitoring and validation and bull Lack of monitoring general ecosystem impacts

The operation of the fishery is consistent with the objects of Part 13A of the EPBC Act DEWHA therefore recommends that the fishery be declared an approved WTO Specifically the WTO declaration would allow the export of product from the fishery for a period of three years The WTO declaration will require annual reporting on the progress of implementing the conditions and recommendations of this report and other managerial commitments As the official fishery area encompasses Commonwealth as well as State waters consideration under Part 13 of the EPBC Act is required regarding the impact of the fishery on listed threatened species listed migratory species cetaceans and listed marine species The TGCF in force under the Fisheries (Rock lobster and Giant crab) Rules 2001 was accredited under sections 208A 222A 245 and 265 of the EPBC Act in 2003 when it was first assessed However the rules were changed under the relevant legislation now outlined in the Fisheries (Giant Crab) Rules 2006 Due to this change in the management regime consideration under Part 13 of the EPBC Act is required regarding the impact of the fishery operating under the Fisheries (Giant Crab) Rules 2006 on listed threatened species listed migratory species cetaceans and listed marine species A number of protected wildlife species occur in the fishery area including marine turtles seals cetaceans and seabirds however the fishery has minimal interaction with these species A revised logbook was implemented into the TGCF in March 2006 which now includes a component on protected species to assist with data collection From 2003 ndash 2006 there were no recorded interactions with any protected wildlife species directly linked to the TGCF DEWHA considers that the fishery is unlikely to have an unacceptable impact on protected species Based on this assessment the following conditions to the WTO declaration and recommendations have been made with regards to the management of the fishery which will be monitored and reviewed as part of the next DEWHA review of the fishery in three years time

268

Ministerial decision (14 July 2006)

The submission has been assessed for the purposes of the protected species provisions of Part 13 and the wildlife trade provisions of Part 13A of the EPBC ActThe Tasmanian Giant crab fishery was assessed by Environment Australia and declared approved as a Wildlife Trade Operation in July 2003 subject to conditions in accordance with Part 13A of the EPBC Act A second assessment for the purposes of Part 13 and Part 13a was submitted in April 2006 invitations for comment closed 2 June 2006 In addition to the conditions to the WTO declaration DPIW have agreed to a number of recommended actions focusing on addressing key issues outstanding from the last assessment to be implemented before the next Australian Government review of the fishery Performance against the Australian Government Guidelines for the Ecologically Sustainable Management of Fisheries is adequate however there are a number of issues outstanding from the first assessment of the fishery that need to be addressed to contain environmental risks in the longer term Hence the Minister declared the fishery an approved Wildlife Trade Operation (WTO) under Part 13A of the EPBC Act This declaration would allow the export of product from the fishery for the next three years The declaration subject to the conditions and recommendations below Conditions Conditions on the Approved Wildlife Trade Operation Declaration for the Tasmanian Giant Crab Fishery (TGCF)

1 Operation of the TGCF will be carried out in accordance with the management regime in force under the Living Marine Resources Management Act 1995

2 The Tasmanian Department of Primary Industries and Water (DPIW) to advise the Department of the Environment and Heritage (DEWHA) of any material change to the TGCF management arrangements that could affect the criteria on which Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) decisions are based within three months of that change being made

3 Reports to be produced and presented to DEWHA annually and to include

bull Information sufficient to allow assessment of the progress of DPIW in implementing the recommendations made in the Assessment of the Tasmanian Giant Crab Fishery 2006

bull A description of the status of the fishery and catch and effort information

bull A statement of the performance of the fishery against objectives performance indicators and measures once developed and

bull Research undertaken or completed relevant to the fishery

4 DPIW by the end of July 2007 to develop a strategy that provides for defining and monitoring robust target levels of sustainable yield and biomass for giant crab stocks in the TGCF The strategy should include provisions to review and minimise the impacts of discarded giant crabs and review and address any requirements for additional giant crab assessment and monitoring data

Appendix A 269

Recommendations DPIW should action these recommendations before the next review in 2009 or within the timeframe specified in individual recommendations

1 Within 18 months DPIW to develop and implement a program for reporting byproduct species taken in the fishery and develop measures to periodically validate byproduct species taken in the TGCF DPIW to also develop and implement preliminary performance measures for key byproduct species within two years

2 DPIW to implement within 18 months measures to monitor changes in the composition and quantity of bycatch species The effectiveness of these measures should be periodically reviewed to ensure the validity of bycatch estimates

3 DPIW in collaboration with industry to continue to encourage and monitor the adoption of the environmental code of practice the lsquoClean Green Programrsquo in particular those measures that minimise the impacts of trap loss and potential ghost fishing

4 DPIW to continue to collaborate with AFMA and implement measures to mitigate against impacts of harvest of and incidental damage to giant crabs and their habitat by trawling activity in the TGCF In particular DPIW to consult further with AFMA to ensure accurate reporting by Commonwealth trawl operators of giant crab catch from the area of the TGCF for inclusion in the stock assessment and TAC setting processes

270

Victorian fisheries bull 3Abalone Fishery addressed

guidelines bull 3Eel Fishery addressed guidelines bull 3Giant Crab Fishery addressed

guidelines bull 3Jellyfish Fishery developmental

fishery management plan bull 3PQ Aquatics management

arrangements open for comment until 271106

bull 3Rock Lobster Fishery addressed guidelines

bull 3Scallop Fishery statement of management arrangements and bycatch monitoring report

bull 3Sea Urchin Fishery statement of management arrangements

VIC DPI submissions to DEWHA

The submissions to DEWHA varied as outlined above For those that addressed the guidelines only the ecological components were considered For the Abalone fishery the ecological economic social and governance components were considered

The VIC 3Abalone Fishery an example Part 1 provides a summary and details of the VIC (DPI) agency submission on ecological sustainability to DEWHA Part 2 provides summary information of DEWHA assessment of the fishery and the Ministerial decision conditions and recommendations

Part 1 VIC (DPI) submission to DEWHA (April 2001) Submission for the purposes of the protected species provisions of Part 13 and the wildlife trade provisions of Part 13A of the EPBC Act The following information is from the report Assessment of the Victorian Abalone Fishery against Guidelines for the Ecologically Sustainable Management of Fisheries (April 2001) prepared by the Victorian Department of Natural Resources and Environment Other relevant information that is included is sourced from the TAS (DPIW) fisheries web documents and in each case source references are provided

A summary of the VIC (DPI) submission to DEWHA is provided in the table below and then in more detail under the same headings This is followed by other TAS (DPIW) supporting documents and reports and references for this section Legislation Commonwealth legislation Environmental Protection and Biodiversity

Conservation (EPBC) Act 1999 State legislation The Fisheries Act 1995

Management Management plans and regulations Abalone Management Plan (March 2002) Codes of practice No Harvest strategies Target quotas legal minimum lengths limited

Appendix A 271

entry annual TAC is determined for each zone Spatial management Zoning and seasonal closure for greenlip abalone

Assessment

Stock assessment Blacklip A fishery assessment model has been developed for blacklip abalone that incorporates reported catch catch rates (optional) and independently estimated abundance The model needs to account for all mortality including landed (illegal legal and recreational) discarding high grading and mortality during discarding Greenlip estimate of absolute abundance was made from the 1998 surveys MAFRI undertakes annual surveys of abalone communities at 150 fixed locations across breadth fishing grounds

EIS No

Risk assessment Blacklip A risk-based approach is adopted that incorporates the uncertainty in estimates of current and predicted stock status into the decision-making process The risk framework provides for robust assessments of the consequences of alternative management strategies on the relative biomass of exploited abalone populations

Economic components Catching production and economic efficiency

Social components Equitable distribution

Governance Costs compliance and co-management

Monitoring and performance Monitoring The Abalone Fishery Committee (AFC) will

monitor the performance of the fishery annually as a complement to its role in TAC setting This monitoring will be based largely on reports covering each of the ecological economic social and governance dimensions of the fishery

Performance indicators and trigger points Objectives performance indicators trigger points for ecological economic social and governance Reference points were not applicable for many of the objectives either for reasons of utility or practicality

Observer program MAFRI on-board observer program Reporting Fishers Data include daily commercial catch weight (kg)

of blacklip and greenlip abalone and effort (min) for each operator at a scale of reef complexes small bays and headlands This reporting is a mandatory component of the Abalone Quota Management System administered by Fisheries Victoria

VIC DPI MAFRI observer reports MAFRI assessment reports

Research

Research Research and development is an important component of the abalone fishery management process and includes the ecological economic

272

social and governance components

Consultation

The CAFC to be renamed the Abalone Fishery Committee (AFC) THE CAFC is a committee established by the Fisheries Co-management Council to carry out the functions of a fishery committee under Part 6 of the Fisheries Act 1995

Abalone Fishery Advisory Group

VIC (DPI) submission to DEWHA in more detail

Legislation Acts Commonwealth legislation

bull Environmental Protection and Biodiversity Conservation (EPBC) Act 1999 State legislation

bull The Fisheries Act 1995

Management

Plans and regulations

The Victorian abalone fishery is operated under a management regime that is described-in detail in the Abalone Management Plan (March 2002) This is a five year plan after which it will be subject to review This report is necessarily consistent with the operational objectives of the draft management plan that in-turn complies with provisions of the Victorian Fisheries Act (1995) The Victorian Fisheries Act under Part 3 Management Plans section 28 Management plans clause (6) states that a management plan must (e) as far as is known identify critical components of the ecosystem relevant to the plan

and current or potential threats to those components and existing or proposed preventative measures and

(f) specify performance indicators targets and monitoring methods Subclause (f) accords with Principle 1 of the EA guidelines and similarly subclause (e) accords with Principle 2 The objectives of the Draft Abalone Management Plan were developed in accordance with the Victorian Fisheries Act (1995) Environment Australia guidelines and the ESD framework proposed by the Standing Committee on Fisheries and Aquaculture The objectives form an integrated package with those concerned with ensuring sustainability of the abalone resource and associated ecosystem having paramount importance With this in mind the objectives to be pursued will be as follows

Appendix A 273

Ecological objectives bull Productive capacity of stocks sustained into the future at low levels of risk bull Ecosystem health (including genetic integrity of abalone) not jeopardised by

abalone fishery practices and bull Management responsive to changes in ecosystem health

Economic objectives bull Opportunities for commercial production fully utilised bull Commercial production economically efficient and bull Commercial production directly enhanced through appropriate activities

(including aquaculture ranching enhancement and access to stunted stocks)

Social objectives bull Equitable assignment of productive capacity between commercial recreational

indigenous and non-exploitative uses bull Recognition of past access by indigenous Australians and bull Appropriate community return where there is commercial use of publicly owned

abalone stocks and habitats

Governance objectives bull Management which is cost-effective and transparent bull Recovery of the attributable costs of management including research and

compliance bull Stakeholders and government fisheries administration sharing responsibility and

involvement in management bull Compliance targets for licensed sectors of the fishery achieved and monitored

and bull Illegal activities prevented and targets for reduction of theft monitored and

achieved

Co-management arrangements

The co-management process involves the Minister receiving advice from three groups of entities The first group comprises the peak bodies Seafood Industry Victoria (SIV) Victorian Aquaculture Council (VAC) Victorian Recreational Fishing Peak Body (VRFish) and Victorian National Parks Association (VNPA) The next group comprises the Fisheries Co-Management Council (FCC) and its Fishery Committees of which the most important in the context of this fishery is the Commercial Abalone Fishery Committee (CAFC) The latter normally submits its advice through the FCC but may also advise the Minister directly on matters relating to a proposed fisheries notice The third group is the government agencies which includes the Department of Natural Resources and Environment (NRE) of which Fisheries Victoria (FV) is a Division

Harvest strategies

The target species are managed through quota units legal minimum lengths and limited entry

274

Spatial management

The Victorian Government has jurisdiction over the Victorian abalone fishery under an Off Shore Constitutional Agreement with the Commonwealth Government The commercial fishery is divided into three zones The Eastern Zone is all Victorian waters east of longitude 148o East (Lakes Entrance) The Western Zone is all Victorian waters west of longitude 142o31 East (Hopkins River mouth) The Central Zone is all Victorian waters between 142o31 East and 148o East These are depicted in the above map There is no zonation of the recreational fishery Abalone Fishery Access Licence (AFAL) It entitles the holder to take abalone for sale to use or possess commercial abalone equipment and to have other persons carry out activities authorised under the licence in the zone specified in the licence The number of AFALs is restricted by Ministerial direction to 71 comprising 23 in the Eastern Zone 34 in the Central Zone and 14 in the Western Zone There is an automatic right of renewal of an AFAL with the only exception being in the event of a serious offence under the Act The renewals occur annually A total allowable catch (TAC) is determined for each zone These may be adjusted annually A closed season for greenlip abalone applies from October 1 to March 31 for both commercial and recreational users

Assessment

Stock assessment

Target In contrast with past quota management arrangements the Draft Plan provides for separate management of blacklip and greenlip abalone stocks Annual Fishery Assessment reports for both blacklip and greenlip abalone are published by the Marine and Freshwater Resources Institute and distributed to all stakeholders to ensure that management advice is transparent and that the community is fully informed about the current and predicted future status of the resource Both fishery dependent and fishery independent data are collected as part of the fishery assessment process administered by MAFRI Comprehensive tagging studies are also implemented to estimate key population parameters required for fishery assessment The legal instrument for managing resource harvesting and quota ownership will cease to be the Abalone Fishery Access Licence (AFAL) Instead there will be two instruments and hence a separation of the right to harvest abalone from the right to own quota units The holder of a harvesting entitlement will be required to also hold a quota ownership Blacklip abalone A fishery assessment model has been developed for blacklip abalone that incorporates reported catch catch rates (optional) and independently estimated abundance The model needs to account for all mortality including landed (illegal legal and recreational) discarding high grading and mortality during discarding The model is

Appendix A 275

highly dependent on spatially variable growth natural mortality and recruitment parameters The recruitment parameters incorporate the reproductive capacity of the populations modelled and stochasticity is introduced into the recruitment function to reflect natural variation associated with environmental fluctuations The model is dynamic and can accommodate density dependence and depensatory effects Greenlip abalone Although the current fishery model used for blacklip abalone could be applied to greenlip populations given sufficient data in the absence of a fishery independent time series of abundance an estimate of absolute abundance was made from the 1998 surveys These stratified random surveys were much more intensive than for blacklip and densities of greenlip abalone were scaled to the digitised areas of their reef habitats contained in the MAFRI GIS A combination of exploitation rates estimated for blacklip abalone and sensitivity analysis using the uncertainty in density estimates was used to determine possible sustainable catches Quotas for the fishery are set annually by the Minister acting on advice of the Fisheries Co-management Council This advice is based largely on assessments of the fishery completed by the Abalone Fishery Assessment Group at MAFRI This Group involves stakeholder representatives from each relevant peak body The assessments depend heavily on model outputs in the first instance and secondly on verification of these outputs in terms of model assumptions reliability of inputs and any external indicators of stock status Greenlip abalone Currently separate management arrangements for greenlip abalone only include a six month seasonal closure during the spring-summer spawning period and a larger LML of 130 mm that applies throughout the state To date greenlip abalone have been taken commercially as part of the same TAC applied to blacklip abalone The Draft Management Plan recommends separate arrangements be effected by an amendment to the Fisheries Act 1995 Byproduct Greenlip abalone has essentially been a byproduct species since the late 1970s Reported catches of greenlip abalone during the entire history of abalone fishing in Victoria have never exceed 5 of the total catch and for the past decade have been less than 1 The Draft Management Plan recognises that this species was probably over-fished two decades ago and as indicated by the 1998 assessment has not recovered The estimated potential productivity is regarded as insufficient to sustain a commercial fishery Consequently a commercial TAC of zero is recommended in the Draft Management Plan Bycatch The Victorian abalone fishery is target-specific and has no bycatch

276

TEP The Victorian abalone fishery is target-specific and has no apparent direct effects on any threatened or protected species or threatened ecological communities and no known indirect effects Habitat There is no physical damage to the substrate that can be ascribed to the fishing activity Abalone fishing operations take place from relatively small runabout boats (Gorfine and Dixon in-press) As with any small boating activity there is some potential for anchor damage to the substrate and benthic organisms however in temperate rocky reef systems this is negligible in terms of the ecosystem as a whole Ecosystems The Abalone Assessment Sub-program conducted by MAFRI undertakes annual surveys of abalone communities at 150 fixed locations across the breadth of the fishing grounds (Gorfine and Dixon 2000) In addition to these surveys the Marine Strategy Unit of the Victorian Department of Natural Resources and Environment surveys species diversity and abundance at fixed sites within Marine Protected Areas (MPAs) as part of an Environmental Inventory Program Whilst the former surveys are specifically directed towards the sustainability of abalone populations the latter are more broadly focused and concerned with entire ecosystem

Risk assessment

Blacklip abalone Assessments are made annually in accordance with requirements of the Draft Management Plan for providing TAC advice to the Minister under the Fisheries Act 1995 A risk-based approach is adopted that incorporates the uncertainty in estimates of current and predicted stock status into the decision-making process The risk framework provides for robust assessments of the consequences of alternative management strategies on the relative biomass of exploited abalone populations In addition the process is sufficiently flexible to allow managers to explore the effects of various assumptions about how the fishery operates in an iterative fashion The fishery assessment process is holistic and whilst the current fishery model is a pivotal tool it is only one of a range of informative mechanisms used to determine the status of the fishery Annual assessments include a review of methodology and data requirements and consideration of changes in abundance of species other than abalone

Economic social and governance

See performance indicators and trigger point below

Appendix A 277

Monitoring and performance

Monitoring

The Abalone Fishery Committee (AFC) will monitor the performance of the fishery annually as a complement to its role in TAC setting This monitoring will be based largely on reports covering each of the ecological economic social and governance dimensions of the fishery The reports are to be prepared by the relevant staff in the Victorian Department of Natural Resources and Environment Any observational evidence provided directly by the industry members of AFC is also to be utilised All material will be made available to AFC by the end of November one month before submission of the TAC and LML recommendations to the Minister The fishery monitoring information in the reports is to include the data items listed below and other information considered necessary by AFC Where appropriate this information will be provided for the whole fishery and separately for each of the zones and sub-zones comprising the fishery Following examination of the reports AFC will prepare a brief fishery performance summary for submission to the Minister This will be submitted together with its advice from the TAC setting process Ecological Economic Social Governance MAFRI model projections Exploitation rate Exploited biomass (t) Fishing effort (diver hr) Mature biomass (t) CPUE (kgdiver hr) Egg number (population fecundity) Catch by reef (tyr) Length composition(cm) Ecological health indices

Catch weight (t) commercial Wages ($) Catch value ($) Commercial Fixed costs ($) Average price ($kg) Management cost recovery ($) Investment ($) Total costs ($) Operating costs ($) Fishery profit ($)

Catch weight (t) recreational indigenous usage Catch weight (t) commercial Community return ($) Access licence holders (no) Community return catch value () Harvesters (no) Community return fishery profit ()

Total management costs ($) Case management effort (hr) Management costs recovery ($) Offences by type (no) Costs recoverytotal management costs ($) Compliance rates () Costs recoverycatch value () Costs of enforcement($) Costs recovery fishery profit () Catch weight (t) illegal Quality inspections (hr amp no)

Harvesting of abalone is highly selective very little by-catch is taken and physical disturbance of the substrate is negligible Fishing occurs mainly in oceanic high-energy waters free from pollutants Hence negative ecosystem effects from harvesting wild stocks seem unlikely Nevertheless there have been localised population increases of natural competitors and predators that remain to be explained The introduction of exotic species poses a potential threat There is also the possibility of disease to wild stocks and loss of genetic integrity from aquaculture and ranching MAFRI staff will undertake ecosystem monitoring in conjunction with the annual fishery independent surveys This will involve research divers recording the abundance of known competitor and predator species substrate food organisms and shelter species

Performance indicators and trigger points

Performance indicators are quantities to be measured in order to track the status of the

278

fishery relevant to the objectives Target reference points represent the status that management wishes to achieve while trigger reference points indicate that the status may be unacceptable to the extent that immediate remedial action is required The following suite of performance indicators and reference points associated with the above fishery objectives will be applied Reference points were not applicable for many of the objectives either for reasons of utility or practicality In these cases only the performance indicator is provided

App

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x A

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nce

targ

ets

for l

icen

sed

sect

ors

achi

eved

and

m

onito

red

Com

plia

nce

indi

ces

C

ompl

ianc

e ta

rget

s ac

hiev

ed

not a

pplic

able

Gov

erna

nce

illeg

al a

ctiv

ity

(non

-lice

nsed

se

ctor

s)

prev

entio

n of

ille

gal

activ

ity ta

rget

s for

no

n lic

ense

d se

ctor

s ac

hiev

ed a

nd

mon

itore

d

Com

plia

nce

indi

ces

illeg

al

catc

h an

d va

lue

and

cos

t of

enfo

rcem

ent

Opt

imal

com

plia

nce

(whe

n m

argi

nal c

ost

equa

ls m

argi

nal m

onet

ary

bene

fit)

not a

pplic

able

Appendix A 283

Reporting Fishery Dependent These data include daily commercial catch weight (kg) of blacklip and greenlip abalone and effort (min) for each operator at a scale of reef complexes small bays and headlands This reporting is a mandatory component of the Abalone Quota Management System administered by Fisheries Victoria In addition MAFRI undertakes commercial catch sampling and the worldrsquos only on-board observer program for abalone The commercial catch sampling provides the size structure and reproductive condition of the catch and the on-board observation provides instantaneous catch rates and insights into diver behaviour including their harvesting techniques and dive depth profiles On-board observers also interview divers about their observations and perceptions regarding the ecosystem at each site dived Initiatives are underway for introducing finer scale spatial reporting and the counting and measuring of all abalone in the catch using digital technology Fishery Independent One of the advantages of abalone compared with other fisheries is the opportunity to observe populations directly during underwater surveys Blacklip abalone MAFRI conducts a comprehensive annual survey of blacklip abalone at 150 fixed locations distributed across the commercial abalone fishing grounds in Victoria Relative abundance of abalone is estimated from transect counts timed collections and nearest-neighbour distances for random samples within each location The timed collections also provide independent estimates of abalone shell length frequency for the surveyed populations Fisheries Victoria Assessment reports compiled by Abalone Stock Assessment Group

Research (source Victorian Abalone Fishery Management Plan (March 2002) Research and development is an important component of the abalone fishery management process There has been a considerable investment in abalone research in Victoria as well as other Southeast Australian states The combined expertise and facilities of these states ensures by fisheries standards that the abalone resource is well understood and monitored Optimum utilisation of the resource occurs when the fishery objectives are achieved and the more refined management to achieve this requires information in the following categories Fisheries biology and assessment to improve the current understanding of stock dynamics This information relates to

bull Further development and refinement of existing stock assessment models bull Development of more refined indices which reflect the dynamics of the

populations and bull Better understanding of temporal and spatial aspects which will allow for

management on a more refined spatial scale than is currently the case

284

Optimum resource utilisation needs to be achieved with due regard to the impacts of harvesting on the habitat of abalone This requires an understanding of

bull Meaningful environmental sustainability indicators and bull The interaction between abalone and potential benthic competitors and the

impact of abalone harvesting on these relationships

Information on the economic and social ramifications of trends in the fishery and how management actions impact on the economic efficiency and social benefits associated with the harvesting of the abalone resource is important The research and development needs to achieve this aspect of optimum utilisation include

bull Economic assessment and monitoring of the industry bull Better understanding of the economic and social aspects of the catching

processing and recreational sectors as well as the impact of resource theft and bull Monitoring of the efficacy of management in achieving optimal utilisation

Consultation The management regime is documented in the Victorian Abalone Fishery Management Plan (April 2002) The Plan stems from extensive consultation via a Reference Group convened from among all stakeholders in the community The CAFC is a committee established by the Fisheries Co-Management Council to carry out the functions of a fishery committee under Part 6 of the Fisheries Act 1995 When the Minister requests the advice of a fishery committee the committee responds directly to the Minister with a copy of the request and the advice to the FCC The CAFC to be renamed the Abalone Fishery Committee (AFC) will be the cornerstone for co-management related to TAC setting and other matters Its membership will be expanded to include persons with appropriate expertise from the FCC Recreational Fishery Committee and the FCC Research Committee This will ensure that when dealing with abalone TAC and other issues the AFC will have the full range of expertise required to undertake this important task The Abalone FAG provides a process for bringing together scientists with a range of skills resource users and resource managers for the purpose of advising on methodology synthesis of information interpreting outputs and for giving technical and scientific advice for use in managing the abalone fishery Participants include

bull MAFRI scientists directly involved in abalone research and assessment bull Scientists with special expertise in abalone biology and fishery stock

assessment bull Fisheries Victoria bull Abalone Fishery Committee bull Industry including SIV zonal abalone associations (harvesters quota owners

and processors) and aquaculture interests bull Victorian recreational fishing peak body bull Conservation peak body (Victorian National Parks Association) and bull NRE coastal regions

Appendix A 285

Functions 1 Improve scientific input into stock assessment of Victorias abalone fishery 2 Interpret assessment outputs for utilisation in the management of the fishery 3 Encourage direct stakeholder participation in the stock assessment processes 4 Provide a forum for planning future abalone stock assessment and other research

needs and priorities 5 Prepare annual Abalone Fishery Assessment Reports and associated scientific

advice

Supporting documentsreports (VIC DPI) The Fisheries Victoria Positioning Statement 2006 ndash 2010 outlines Fisheries Victorias vision and identifies strategic directions forming a framework that can help resolve the challenges facing Fisheries Victoria

References VIC DPI submission to DEWHA Submission to Environment Australia Assessment of the Victorian Abalone Fishery against Guidelines for the Ecologically Sustainable Management of Fisheries (April 2001) prepared by the Victorian Department of Natural Resources and Environment DEWHA assessment Assessment of the Victorian Abalone Fishery (July 2003) Australian Government Department of Environment and Heritage Legislation Commonwealth legislation

bull EPBC Act 1999 VIC State legislation

bull The Fisheries Act 1995

Management

bull Victorian abalone fishery management plan (April 2002) State Government Victoria Department of Natural Resources and Environment

bull Gorfine HK and Walker TI (eds) (1997) Abalone 1996 Fisheries Victoria Assessment Report No 9 Compiled by Abalone Stock Assessment Group (Fisheries Victoria East Melbourne)

bull Gorfine H K and Dixon D (Eds) (2000b) Greenlip Abalone ndash 1999 Fisheries Victoria Assessment Report Series No 26 47 pp (Marine and Freshwater Resources Institute Queenscliff) and

bull Gorfine H K and Dixon D (Eds) (2000a) Abalone ndash 1999 Compiled by the Abalone Fishery Assessment Group Fisheries Victoria Assessment Report Series No 27 89 pp (Marine and Freshwater Resources Institute Queenscliff)

286

Other Mercer J (2001) Conditioning Australian Abalone Broodstock Best Practice Manual Marine and Freshwater Resources Institute Report No 17 Marine and Freshwater Resources Institute Queenscliff

Part 2 DEWHA Assessment

The assessment

bull 3Department of the Environment and Heritage assessment report (July 2003) bull 3Accreditation of a plan of management for the purposes of Part 13 (21 July

2003) bull 3Amendment of list of exempt native specimens ndash Gazetted on Wednesday 30

July 2003 GN 30 bull 3Ministerial decision (21 July 2003) and bull 3Agency submission on ecological sustainability (April 2001)

DEWHA assessment

Assessment of the Victorian Abalone Fishery (July 2003) Australian Government Department of Environment and Heritage (Overall assessment pgs 6-7) The material submitted by Fisheries Victoria indicates that the fishery operates generally in accordance with the Commonwealth Guidelines for the ecologically sustainable management of fisheries As the principal fishery area occurs in Commonwealth waters consideration under Part 13 of the EPBC Act is required regarding the impact of the fishery on listed threatened species and threatened communities listed migratory species cetaceans and listed marine species While a number of protected species occur in the fishery area there is little indication from available information of any significant interactions with protected species EA is therefore satisfied that the operations of the fishery ensure that it is unlikely to have an unacceptable impact on protected species EA is also satisfied that in the event that interactions are detected Fisheries Victoria will ensure that all persons engaged in fishing are required to take all reasonable steps to minimise impacts EA recommends that this fishery be accredited under Part 13 of the EPBC Act The assessment concludes that the VAF is managed in an ecologically sustainable way EA recommends that the export of Haliotis rubra and H laevigata should be exempt from the export permit requirements of Part 13A of the EPBC Act with that exemption to be reviewed in five years To further strengthen the effectiveness of the management arrangements for the VAF and to contain the environmental risks in the medium to long term EA has developed a series of recommendations and made a number of suggestions The implementation of these and other commitments made by Fisheries Victoria in the submission will be monitored and reviewed as part of the next Commonwealth review of the fishery in five years time

Appendix A 287

Recommendations

1 Fisheries Victoria should inform Environment Australia of any future changes to the management regime of the Victorian Abalone Fishery

2 Abalone Fishery Committee to report on the performance of the fishery against fishery objectives performance indicators and reference points as part of the annual Fishery Assessment Report process

3 Fisheries Victoria to consult with other fishery agencies on the development and implementation of appropriate biological parameters and reference points for abalone harvesting and pursue with these agencies a national process for developing adopting and reviewing these indicators along with periodic review of respective abalone stock assessment processes

4 Abalone Fishery Committee to give priority to defining target biomass to produce the ecologically sustainable yield from the fishery within 3 years and review this estimate within the context of the annual stock assessment process

5 Fisheries Victoria to ensure reliable growth data across the various regions of the fishery is obtained as a high priority to ensure the effectiveness of existing management controls and continued sustainability of abalone stocks

6 Fisheries Victoria to investigate and establish over the next 3 years appropriate decision rules relevant to the regional-scale or sub-zonal management to prevent the potential serial depletion of abalone stocks

7 Fisheries Victoria to review within 3 years the effectiveness of beach weighing measures currently being implemented including any implications for the stock assessment process

8 Fisheries Victoria to take actions to improve the reliability of illegal catch estimates and establish and implement measures to achieve the reduction targets set out in the Victorian Abalone Fishery Compliance Strategy

9 Fisheries Victoria within 12 months to assess the extent of take and level of recreational abalone fishing with an emphasis on greenlip abalone impacts and implement additional management measures where necessary

10 Fisheries Victoria to ensure a full risk assessment on the ecological implications including disease and genetic impacts of artificial stock enhancement of abalone in Victorian reefs is completed before any reseeding program is undertaken

11 The Abalone Fishery Committee to give priority to the development of decision rules based on an identified list of indicator species to provide the basis for monitoring and responding to ecosystem changes

3Ministerial decision

The submission has been assessed in accordance with the protected species provisions of Part 13 and the wildlife trade provisions of Part 13A of the EPBC Act

I am satisfied that it is unlikely that fishing operations conducted in accordance with the management arrangements will adversely affect the conservation status of protected species or affect the survival and recovery of threatened species

288

The management arrangements for the Victorian Abalone Fishery meet the requirements of Part 13 of the Act and Minister proposed to accredit the management arrangements accordingly Accreditation will ensure that individual fishers operating in accordance with the management arrangements are not required to seek permits in relation to interactions with protected species in Commonwealth waters

The management arrangements for the fishery meet the Commonwealth Guidelines for the Ecologically Sustainable Management of Fisheries While there are some environmental risks associated with this fishery I believe that Fisheries Victoria is addressing them adequately Officers from our two departments have discussed some key areas requiring ongoing attention I understand that they have agreed to a number of recommended actions focusing on ensuring the continuation of good management practices to be implemented before the next Commonwealth review of the fishery These recommendations attached to the letter have been an important factor in my decision to exempt the fishery and I look forward to receiving your agreement to their implementation No recommendations attached see DEWHA assessment above

Appendix A 289

Western Australian Fisheries bull 3Abalone Fishery bull 3Abrolhos Island and Mid West

Trawl Managed Fishery bull 3Beche-de-mer Fishery bull 3Broome Prawn Managed

Fishery bull 3Cocos (Keeling) Islands Marine

Aquarium Fish Fishery bull 3Exmouth Gulf Prawn Fishery bull 3Kimberley Prawn Managed

Fishery bull 3Mackerel Fishery bull 3Marine Aquarium Fish Fishery bull 3Northern Demersal Scalefish

Managed Fishery bull 3Northern Developmental Blue

Swimmer Crab Fishery bull 3Octopus Fishery bull 3Onslow and Nickol Bay Prawn

Managed Fisheries bull 3Pearl Oyster Fishery bull 3Pilbara Trap Fishery bull 3Pilbara Trawl Fishery

bull 3Salmon Managed Fisheries bull 3Shark Bay Experimental Crab

Fishery bull 3Shark Bay Prawn Fishery bull 3Shark Bay Scallop Fishery bull 3Shark Bay Snapper Fishery bull 3South Coast Crustacean Fishery bull 3South Coast Trawl Fishery bull 3Specimen Shell Managed

Fishery bull 3Temperate Shark bull 3Tropical Shark bull 3Western Rock Lobster Fishery

(environmental economic and social aspects)

bull 3West Coast Deep Sea Crab Interim Managed Fishery

bull 3West Coast Purse Seine Managed Fishery and South Coast Purse Seine Managed Fishery

WA Fisheries submissions to DEWHA

The submissions address the EPBC guidelines and provide a performance report and an ecological risk assessment report

The WA Fisheries 3Western Rock Lobster Fishery an example Part 1 provides a summary and details of the WA Fisheries agency submission on ecological sustainability to DEWHA (October 2001) Part 2 provides summary information of DEWHA assessment of the fishery and the Ministerial decision conditions and recommendations

Part 1 WA fisheries submissions to DEWHA (October 2001) Submission for the purposes of the protected species provisions of Part 13 and the wildlife trade provisions of Part 13A of the EPBC Act The following information is from the report Application To Environment Australia On The Western Rock Lobster Fishery Against the Guidelines for the Ecologically

290

Sustainable Management of Fisheries For Continued Listing on Section 303DB of the Environmental Protection and Biodiversity Conservation Act 19991 (October 2001) Fisheries Western Australia Other relevant information that is included is sourced from the TAS (DPIW) fisheries web documents and in each case source references are provided

A summary of the WA fisheries submission to DEWHA is provided in the table below and then in more detail under the same headings This is followed by other WA Fisheries supporting documents and reports and references for this section Legislation Commonwealth legislation The Offshore Constitutional Settlement (OCS)

arrangements between Western Australia and the Commonwealth Government of 1995 Environmental Protection and Biodiversity Conservation (EPBC) Act 1999

State legislation Fish Resources Management Act 1994 (FRMA) Fish Resources Management Regulations 1995 (FRMR) Fisheries Notices amp Orders (Notices made under the Fisheries Act 1905 and Orders made under the FRMA)

Management Management plans The West Coast Rock Lobster Limited Entry

Notice 1993 made under the WA Fish Resources Management Act 1994 (the management plan) The WA Fish Resources Management Act 1994

Code of practice No Harvest strategies Licence limitation minimum size limits gear

restrictions Spatial management Spatial zones and temporal closures

Assessment

Stock assessment Annual assessment of target species using fishery independent surveys and on board monitoring monthly returns from commercial operators and annual estimates of recreational and indigenous harvest

EIS No

Risk assessment A formal ecological risk assessment that was conducted by independent consultants International Risk Consultants (see IRC 2001)

Economic components No but the SCFA ESD Component Report contains a comprehensive performance evaluation of the WRL fishery based upon the framework described in the Fisheries WA ESD policy (Fletcher 2001)

Social components No but the SCFA ESD Component Report contains a comprehensive performance evaluation of the WRL fishery based upon the framework described in the Fisheries WA ESD policy (Fletcher 2001)

Governance Performance report component tree management effectiveness arrangements compliance

Appendix A 291

allocation between users legal arrangements consultation

Monitoring and performance Monitoring Ongoing monitoring programs are supported by a

long history of research programs on the biology ecology and interactions of lobsters along the west coast of WA

Performance indicators and trigger points SCFA ESD Component Reports(see Section 5) contains the available objectives indicators and performance measures for measuring the effectiveness of the management arrangements for the WRL fishery For some components the objectives indicators and performance measures are well established and the data are available to demonstrate levels of performance over time For other components the objectives indicators and performance measures have only just been developed andor the necessary data collection is only just being initiated

Observer program On board observer program covering all zones times and depth ranges

Reporting Fishers Monthly returns voluntary daily logbooks WA Fisheries State of Fisheries Annual Report

Annual Reports to industry Research

Research The Performance reports for retained species non retained species the general environment and governance each provide information on supporting research for the Western Rock Lobster

Consultation

Rock Lobster Industry Advisory Committee (RLIAC) which is a statutory committee under legislation (S29 and S30 of the FRMA) and also from requested submissions from industry groups (eg WAFIC) other stakeholder groups (eg Recfishwest Conservation Council of WA) and the general public

WA Fisheries submission to DEWHA in more detail Environmental Assessment submissions to DEWHA (October 2001) Purpose Part 13 A and for continued listing on section 303DB of EBPC Act 1999 requirements under Part 13 A of the Environmental Protection and Biodiversity Conservation Act (1999) to enable the Western Rock Lobster (Panulirus cygnus) and other relevant byproducts of this fishery to remain on the section 303DB list of species exempt from export regulations (previously Schedule 4 of the Wildlife Protection (Regulation of Exports and Imports) Act 1982) past December 2003 The submission addresses the EPBC guidelines and provides a performance reports (as outlined below) and an ecological risk assessment report The application is based upon the ESD report for the WRL fishery This assessment examined the benefits and the

292

costs of the WRL fishery across all the major components of ESD In doing so it provides a report on the performance of the fishery for each of the relevant ecological economic social and governance issues associated with this fishery Because of the limited criteria used in the ldquoGuidelines for the Ecologically Sustainable Management of Fisheriesrdquo ndash only some elements of ESD are required to be reported here These are outline below Only those elements in bold are reported in this application A full ESD report covering all elements will be published SCFA ndash ESD components Contribution to Ecological Wellbeing

bull Retained Species bull Non-Retained Species bull Other Environmental Issues

Contribution to Human Wellbeing bull Indigenous Community Issues bull Community Issues bull National Social and economic Issues

Ability to Achieve bull Governance bull Impact of the environment on the fishery

There were four steps involved in completing the ESD report for the WRL fishery It was based upon using the SCFA process which is outlined in detail in the WA ESD policy paper 1 A set of ldquoComponent Treesrdquo that identified the issues specific to the WRL fishery

was developed from the 8 generic SCFA ndashESD component trees 2 A risk assessmentprioritisation process was completed that objectively determined

which of these identified issues was of sufficiently significance to warrant specific management actions and hence a report on performance Justifications for assigning low priority or low risk were however also recorded

3 An assessment of performance for each of issues of sufficient risk to require specific management actions was completed using a standard set of report headings where operational objectives indicators and performance measures management responses etc are specified

4 An overview assessment of the fishery was completed including an action plan for activities that will need to be undertaken to enable acceptable levels of performance to continue or where necessary improve the performance of the fishery

Legislation Acts Commonwealth legislation

bull The Fish Resources Management Act (FRMA 1994)

Appendix A 293

bull The Offshore Constitutional Settlement (OCS) arrangements between Western Australia and the Commonwealth Government of 1995 (originally developed in 1988) established that it is the sole responsibility of the State of Western Australia to manage the rock lobster fishery OSC arrangement ldquowas developed to simplify legal arrangement for the management of fisheries operating in both State and Commonwealth watersrdquo (Anon 1988) and

bull Environmental Protection and Biodiversity Conservation (EPBC) Act 1999

This OCS agreement jointly signed by Ministers Beddall for the Commonwealth Government and House for Western Australia prescribes that all rock lobster fishing (amongst other species) in Western Australia (which includes the WRL fishery) out to the limit of the AFZ is under the jurisdiction of WA This further simplified the management of the fishery from system prior to any OCS arrangements where jurisdiction was split between WA within 3 nm of the coast and the Commonwealth outside of this area These arrangements are supported using Part 3 of the FRMA relating to the Commonwealth State management of fisheries and Commonwealth Fisheries Management Act (1991)

State legislation bull Fish Resources Management Act 1994 (FRMA) bull Fish Resources Management Regulations 1995 (FRMR) and bull Fisheries Notices and Orders (Notices made under the Fisheries Act 1905 and

Orders made under the FRMA)

Management

Plans and regulations

The FRMA and specifically the management plan for the WRL fishery provides the legislative ability to control the level of harvest within this fishery This is achieved through the use of a sophisticated and effective combination of input control measures based upon limiting the number of vessels allowed to operate in the fishery the amount (and type) of gear each of these boats may use the seasons and areas they are allowed to fish along with a variety biological controls which restrict the types of lobsters allowed to be landed These arrangements have been varied during the past 40 years to ensure that management remains appropriate to achieve the sustainability objectives for the fishery Thus there have been both permanent and temporary reductions in the numbers of pots that can be used changes to the fishing seasons at both the coastal and Abrolhos Islands sites changes to the size limits (minimum and maximum sizes) to protect a greater proportion of breeding lobsters changes to the reproductive stages permitted to be landed (berried tar spot and setose etc) changes to permitted pot designs (eg introduction of escape gaps)

294

Harvest strategies

In the late 1980s and early 1990s the breeding stock had fallen to a level which could have resulted in a reduction in the average levels of recruitment to the fishery In 1993 a management package was introduced aimed at rebuilding the breeding stock of western rock lobster to levels where this possibility was minimised This package included a temporary reduction of a further 18 to the commercial pot numbers and prohibition on taking various reproductive stages of rock lobster (in addition to the berried female restrictions) to increase the flow-through of pre-breeding lobsters to the breeding stock and to increase the survival of breeding females This package of management measures was originally intended to remain in place for two years while RLIAC developed options for the long-term management of the fishery However as the package appeared to be succeeding in its objective of rebuilding the breeding stock it was extended and has largely continued through to the 200102 season

Summary of WRL Management Arrangements

bull Closed season July 1 to November 14 (Coastal Zones) March 14 (Abrolhos Is) Maximum Number of pots entitlements for fishery (currently 56906 pots distributed amongst 594 boats)

bull The licensee can only operate in the zone for which heshe is licensed bull Minimum size of carapace is 76 mm except for a period of 25 months at the

start of the season when the minimum size is 77 mm bull It is illegal to take setose females or those carrying eggs or tarspot bull A maximum size of 115 mm for lobsters landed south of 30oS and 105 mm for

landed north of 30oS (except for 200102 only) bull The configuration of pots and size and number of escape gaps (54 mm) are

regulated bull Pots may only be pulled during specified daylight hours and bull To operate in the managed fishery a licence must have between 63 and 150

units of pot entitlement

Spatial management

The commercial fishery is divided into a number of zones The boundary between the northern and southern zones is at 30oS The northern zone is further divided in that only A Zone licences fish the Abrolhos Islands area (which does not open until after March 15) while B Zone licences can only fish the remaining coastal waters There are also some small areas in the fishery from which all commercial andor recreational fishing are excluded

Appendix A 295

Assessment

Stock assessment

Retained (targetbyproduct) species The status of the breeding stock of the WRL is assessed annually using a synthesis of information obtained in coastal waters and the Abrolhos Islands using both fishery independent surveys and onboard monitoring of the commercial fishery These assessments are reported annually within the State of the Fisheries Report

Within the list of monitoring programs outlined above for the WRL fishery data covering each of these sources of removal are outlined In most cases these data are collected annually or at least on a sufficiently frequent basis to ensure robust estimates are available The stock assessment modelling that is conducted includes estimates of each of these categories in determining the current and likely future status of the WRL stock Sector Catch Data Collected Frequency Commercial

Fishers Monthly Returns Processor Returns Voluntary Daily Logbooks On-board observer data

Daily or Monthly during season

Bycatch There are relatively few non-retained species caught by the WRL fishery As a potting fishery with pots designed to catch lobsters of a certain size (including numerous escape gaps) it is a very selective method of fishing Only a few non retained species were identified of significance in this fishery A formal risk assessment for each of the identified bycatchnon retained species (including those caught by the pots and entangled within ropes) was completed

TEP Monitoring programs based upon the information collected by the on-board observers are now in place for sea lions turtles and whalesdolphins The logbooks also contain the ability to record interactions with each of these speciesgroups Previously the only information available was from the sparse data collected by the Dept of Conservation and Land Management who has the legislative responsibility for these species within WA waters A formal risk assessment for each of the identified bycatchnon retained species (including those caught by the pots and entangled within ropes) was completed

Given the relatively low levels of interactions of the WRL fishery with non-retained species (including those on the threatened or protected lists) and the relatively stable nature of this fishery (including constancy of methodology ndash and a general trend for a decrease in pot lifts over the past 8 years) makes it unlikely that there will be increases in the level of impact on either the threatened or protected species by the WRL fishery Nonetheless as monitoring data become more available the suitability of these current

296

performance limits may need to be reviewed If they are inappropriate andor the level of interactions increases appropriate alterations to practices will be taken

HabitatEcosystems The issues that relate to the broader ecosystem which were identified for the WRL fishery using the component tree A formal risk assessment process subsequently assessed each of these issues Of the ten identified issues only one (impacts on coral reef) was rated as a moderate risk all others were rated as a low risk The information available to assess potential ecosystem impacts includes data directly related to the WRL fishery ndash such as the total biomass of lobsters the levels and distribution of effort design of gear and an understanding of the method and area of deployment There are also a number of research publications on the prey species of lobsters and lobster predators along with other scientific reports that have investigated the impacts of bait and reviews of fishing impacts in the Abrolhos Is In cases where the level of information was insufficient processes are already in place to remedy this situation to enable a more informed decision to be made (eg impacts on corals) Consequently the levels of information available for most issues identified allowed a sensible assessment of the level of risk to be determined

Economicsocial The SCFA ESD Component Report contains a comprehensive performance evaluation of the WRL fishery based upon the framework described in the Fisheries WA ESD policy (Fletcher 2001) This includes the development of objectives indicators and performance measures for all aspects of this fishery (including social and economic issues) and includes status reports for those components that are not subject to annual assessment This full assessment including an examination of the validity of the objectives and performance measures is planned to be completed and reviewed externally every five years Governance Performance report using Component tree for governance of the Western rock lobster fishery This includes management effectiveness arrangements compliance allocation between users legal arrangements consultation

Risk assessment

After the componentsissues were identified with the component trees a process to prioritise each of these was completed The environmental issues were assessed as part of the requirements for continued MSC accreditation using a formal risk assessment that was conducted by independent consultants International Risk Consultants (see IRC 2001 for full details ndash the report was submitted as part of this application) using a two-day meeting held in January 2001 The participants at this meeting included a large number who attended the SCFA-FRDC meeting along with a number of other relevant stakeholders and experts

Appendix A 297

Monitoring and performance

Monitoring

Retained (target) species

A substantial level of information is collected for the WRL fishery Data are collected through a combination of fishery dependent and fishery independent systems many of which have been in place for decades These ongoing monitoring programs are supported by a long history of research programs on the biology ecology and interactions of lobsters along the west coast of WA A summary of the monitoring program and information collected is presented in the table below Monitoring Program Information Collected Robustness

Monthly return data from all fishers

Monthly Catch Days Fished Traps Pulled per day

Moderate

Processor Returns Weights of lobsters purchased by processors by grade category

High

Factory size class and quantity figures for WRL

Length Frequency sample of lobster from factories in each Zone of the fishery

High

A voluntary daily logbook completed by a large percentage of fishers

Daily Catch Traps Pulled Days fished Swell Height Number of undersized returned Number of Breeding Lobsters returned

High

On-board observer program covering all zones times and depth ranges

Pot by pot catch details size structure reproductive condition and other species information ndash eg octopus numbers interactions with other fauna (eg seals turtles dolphins)

High

Compliance data on breaches of regulations

Records of breaches and infringements of fishers and processors

Moderate

Fishery independent spawning stock surveys

Numbers of spawning individuals per pot lift on standardised surveys in 3-5 regions of the fishery

High

Puerulus settlement data Monthly numbers of puerulus from collectors at five standard sites along the lower west coast

High

Climatic data Monthly Fremantle Sea Level data ndash used to estimate strength of Leeuwin Current Rainfall data Wind data and Swell Height Conditions

High

Surveys of recreational fishers

Annual phone survey of licensed recreational lobster fishers including levels of effort and catch

Moderate

indicates monitoring programs that also relate to species other than the WRL

298

Performance indicators and trigger points

The SCFA ESD Component Reports (see Section 5) contains the available objectives indicators and performance measures for measuring the effectiveness of the management arrangements for the WRL fishery For some components the objectives indicators and performance measures are well established and the data are available to demonstrate levels of performance over time For other components the objectives indicators and performance measures have only just been developed andor the necessary data collection is only just being initiated There is an annual review of the performance of the major aspects of the WRL fishery through the completion of the ldquoState of the Fisheriesrdquo report This is updated and published each year following review by the Office of the Auditor General It forms an essential supplement to the Departmentrsquos Annual Report to the WA Parliament The SCFA ESD Component Report contains a comprehensive performance evaluation of the WRL fishery based upon the framework described in the Fisheries WA ESD policy (Fletcher 2001) This includes the development of objectives indicators and performance measures for all aspects of this fishery (including social and economic issues) and includes status reports for those components that are not subject to annual assessment This full assessment including an examination of the validity of the objectives and performance measures is planned to be completed and reviewed externally every five years

The WRL fishery has recently been reviewed and awarded the Marine Stewardship Councils certification as a Sustainable Fishery To maintain this certification requires periodic assessment by an independent review team at intervals not exceeding five years First fishery worldwide to be awarded Marine Stewardship Council chain of custody certification on the basis of demonstrating the ecological sustainability of its fishing and management operations Finally an inquiry completed by the WA Government Legislative Council Standing Committee on Ecologically Sustainable Development (ESD) in May 2000 confirmed that lsquohellipthe yield from the western rock lobster resource is currently sustainable and the infrastructure managing the fishery is operating along ESD principleshelliprsquo (Western Australia Legislative Council 2000)

App

endi

x A

299

OVE

RVI

EW T

AB

LE e

xam

ples

Su

bset

from

ove

rvie

w ta

ble

(pgs

39-4

1)

Issu

e

Obj

ectiv

e D

evel

oped

In

dica

tor

Mea

sure

d Pe

rfor

man

ce

Mea

sure

C

urre

nt

Perf

orm

anc

e

Rob

ustn

ess

EA

G

uide

lines

C

over

ed

Act

ions

Ret

aine

d sp

ecie

s (C

ompo

nent

Tre

e)

1

1

Spaw

ning

B

iom

ass o

f Lo

bste

rs

Yes

Sp

awni

ng b

iom

ass

at A

brol

hos I

and

C

oast

al R

egio

ns

Abo

ve 2

2

unfis

hed

leve

l

Acc

epta

ble

Hig

h 1

11-

11

7 C

ontin

ue c

urre

nt m

onito

ring

m

anag

emen

t and

ass

essm

ent

arra

ngem

ents

Non

-ret

aine

d sp

ecie

s (C

ompo

nent

Tre

e)

2

12

2

Leat

herb

ack

Turtl

es

Yes

B

egun

in 2

001

No

incr

ease

in

rate

s of

inte

ract

ions

Acc

epta

ble

Low

2

22

22

4

22

6

Initi

ate

Mon

itorin

g of

in

tera

ctio

ns

Gen

eral

en

viro

nmen

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300

Retained species an example Risk assessment completed October 2001 Impact on breeding stock moderate risk

Primary species Operational Objective Ensuring there is sufficient breeding stock5 to continue recruitment at levels that will replenish that taken by fishing predation and other environmental factors by maintaining the spawning stock of western rock lobster at or above a level that minimises the risk of recruitment overfishing

Indicator measured Estimates (indices) of the level of breeding stock and the associated level of egg production are obtained from two programs conducted by the Department of Fisheries (Chubb 2000)

bull At-sea monitoring of the abundance and size frequency of breeding females in the commercial catch This is referred to as the ldquomonitoring spawning indexrdquo It provides indices for the two coastal areas based on monitoring at Dongara and Jurien for the northern index and Lancelin and Fremantle for the southern index This index is not calculated for the Abrolhos Islands region because it is not open during the spawning season Furthermore given the small size at maturity at this location means that the total catch in this region can be used as an indicator of spawning biomass and

bull A fishery independent systematic survey of the breeding grounds is conducted immediately prior to the rock lobster season (in October) which is at the beginning of the breeding season The survey is carried out using charter vessels that fish to research specifications It is referred to as the ldquoindependent breeding stock survey indexrdquo and is made up of a coastal index with sampling taking place at Fremantle Lancelin Jurien Dongara and Kalbarri and an Abrolhos Island index with sampling taking place throughout the Island groups

Performance measure For acceptable performance the best estimate of the current level of egg production should be above the agreed limit reference point This limit reference point is the

Appendix A 301

estimated level egg production that was present of during the late 1970s currently estimated to be approximately 22 of the unfished level (Hall and Brown 2000)

Data Requirement Availability Results from an independent survey of breeding stock undertaken by Department of Fisheries (ie the independent breeding stock survey indices (see Chubb 2000))

Yes available on an annual basis ndash since 1991

Information on the relative number and sizes of breeding (berried setose and spawning size) lobsters collected At sea monitoring by fishermen and Department of Fisheries research staff - see Chubb 2000 for more details

Yes available on an annual basis ndash since 1970

Computer modelling and simulations based on catch data puerulus settlement and breeding stock estimates (see Hall and Brown 1999 Hall and Chubb in press)

Undertaken on annual basis but extent of analysis may vary

Evaluation Summary The current analyses indicate that in most parts of the fishery the breeding stock is at or above the agreed reference point of 22 of unfished biomass Consequently the current performance of the fishery for maintaining a sufficient level of spawning biomass is acceptable Robustness High Both the measurements for the indicators and the performance limit used are both considered extremely robust as they

a Provide a statistically demonstrated high degree of confidence b Use multiple methods to verify estimates c They are direct estimates of egg production d Some estimates are calculated by a source independent of the fishermen and e Research has been peer reviewed both in scientific journals (see reference list) and

also by scientific review panels (eg MSC) Fisheries management response Current To ensure maintenance of the required level of breeding stock

a The fishery is managed through input controls based on individual transferable effort (tradable units that allow fishermen to use a finite number of pots according to the number of units they hold) with the ability to vary the total number of pots used in the fishery during a fixed fishing season

b The annual fishing season is for a fixed period from 15 November to 30 June limiting the opportunity for fishermen to take lobsters

c There is a limit on the total number of pots used (69288 ndash of which only 56906 pots can be used after pot reductions and pots lost through prosecutions) within the fishery within each zone of the fishery and by each vessel in the fishery

d There are prohibitions on the taking of berried setose tar-spot oversize females (gt105 mm north of 30oS and gt115 mm south of that line) and animals smaller than lt 76mm

302

e A zone-based management system reduces the risk of local concentrated fishing effort depleting key elements of the breeding stock (eg Abrolhos Islands)

f Compliance policing focuses on checks of the legality of lobsters consigned to processors

g Policing that the pot use by individuals does not exceed that allowed on the licence h Escape gaps that decrease the opportunity for undersize lobster to remain entrapped

in pots i Limits on the size and structure of pots used to trap lobster are designed to maintain

the current level of fishing efficiency and j Limits on the use of new technology that may increase fishing efficiency Future The success of the management arrangements over the past 8 years have seen the abundance of large breeding females increase greatly As explained above during the 200102 season only the maximum size limit will be removed However as the setose and other regulations remain in place this will only have a minimal impact on the level of exploitation of these sizes The maximum size limit will be reinstated for the following season (200203)

The formulation of explicit decision rules to improve the management of the breeding stock levels in a more predictable manner are currently being developed ie determination of maximum as well as the minimum trigger points

Actions if Performance Limit Exceeded Strategies available to offer further protection to the breeding stock if required include

a Further reductions in the total number of pots that may be used in the fishery b A reduction in the length of the fishing season or within season closures c Changes to minimum and maximum size gauges to protect juvenile and large

breeding female rock lobsters and d Area closures

With fishermen continually improving their fishing efficiency it is very likely that there will be a need to periodically reduce effective fishing effort through reductions in the total number of pots that may be used in the fishery Research into the change in fishing efficiency should allow this to happen in advance of any significant reduction in the estimated level of breeding stock In any event past experience suggests that if there is any significant decrease in the estimates of breeding stock levels appropriate measures such as ldquopot reductionsrdquo can be readily implemented to address the risk to the fisheryrsquos sustainability

It should be noted that if monitoring suggests that the breeding stock increases to and as yet undetermined upper reference point short term measures might also be adopted to temporarily increase the commercial exploitation rates (ie pot reductions could be lifted or the total number of pots allowed to be used in the fishery increased or size upon the level of spawning biomass will be valuable

Appendix A 303

Comments and action There has been a process of continual improvement in the ongoing development and refinement of the modelling and simulations used to determine the breeding stock estimates to measure performance against this objective This involves both the collection of information and the method of analysis Furthermore there is ongoing monitoring of environmental sciences and advances that might improve the reliability of estimates as well as the relationships between breeding stock environmental factors and annual recruitment For example oceanographic modelling and genetic fingerprinting may be used to determine if any parts of the stock are likely to have more significance in supplying recruitment and to better understand what seasonal environmental effects and ocean currents have on the level and geographic distribution of annual puerulus settlement

External driver check list Environmental factors such as climatic changes and in particular variations in the strength of the Leeuwin Current are known to affect the annual levels of recruitment of lobsters (see later) which impact on the level and productivity of breeding stock In the long term the most significant risk factors in the context of external drivers are probably climate change which may alter long term patterns of recruitment (global warming) and significant environmental pollution (ie oil or chemical spills in key breeding areas) or habitat degradation in juvenile areas (ocean based developments)

Observer program

On-board observer program covering all zones times and depth ranges Information collected pot by pot catch details size structure reproductive condition and other species information ndash eg octopus numbers interactions with other fauna (eg seals turtles dolphins)

Reporting Fishers Voluntary daily logbooks and monthly fisher returns WA Fisheries It is important that the outcomes of the fisheries management processes administered by the Department for the WRL fishery are available for review by external parties It is also important that the community is sufficiently informed on the status of this fishery given that it is utilising a community resource The reports that are currently provided annually are

bull The State of the Fisheries Report the Annual report to the Auditor General and bull More irregular reports include the Parliamentary Inquiry the ESD report and

this application to EA The majority of data required to generate reports is already collected in the course of pursuing resource management objectives The Department conducts an annual survey of the community with respect to its opinion on the status of the Statersquos fisheries and their attitudes to the performance of the Department

304

Current Reporting Arrangements for this fishery include

bull State of Fisheries Annual reporting on the performance of the fishery against the agreed objectives within the State Of The Fishery Report

bull Annual Report A summary of this report is presented within the Departmentrsquos Annual Report and is used in some of the Performance Indicators that are reviewed annually by the Office of the Auditor General (OAG) The OAG also periodically audits that the information (both the data and processes) used to generate these reports

bull Western Rock Lobster Fishery (4 December 2005) ESD Report Series No 4 Fletcher W Chubb C McCrea J Caputi N Webster F Gould R and Bray T Published by the Department of Fisheries Western Australia

bull Reports to Industry Each year the status of the resource effectiveness of current management predictions for future years catches and any proposals for alterations to arrangements are presented to fishers and other interested parties in a series of public meetings along the coast This is termed the Rock Lobster Tour This includes the production of a summary report which is provided to the audience and

bull Rock Lobster Rock Lobster Industry Advisory Committee (RLIAC) Coastal Tour Documents (1999- 2006)

In line with the new Commonwealth Government requirements the Department of Fisheries is in the process of developing a tri-partite memorandum with the Western Australian Environmental Protection Authority and the Office of the Auditor General to conduct a regular audit of the fishery Various integrated fisheries management reports relating to the Western rock lobster include

bull 3Department of Fisheries Submission On The Draft Allocation Report For The Western Rock Lobster Resource To IFAAC (March 2006)

bull 3Integrated Fisheries Management ndash Draft Allocation Report ndash Western Rock Lobster Resource (October 2005)

bull 4Allocation of the Western Rock Lobster Resource Between User Groups (June 2005) and

bull Integrated Fisheries Management Report Rock Lobster Resource (February 2005)

Research The Performance reports for retained species non retained species the general environment and governance each provide information on supporting research for the Western Rock Lobster The performance reports are contained within the Application To Environment Australia On The Western Rock Lobster Fishery Against the Guidelines for the Ecologically Sustainable Management of Fisheries For Continued Listing on Section 303DB of the Environmental Protection and Biodiversity Conservation Act 1999 (October 2001) Fisheries Western Australia WA Fisheries scientific papers web page httpwwwfishwagovaudocsfrrindexphp0401

Appendix A 305

Various scientific papers relating to the Western rock lobster 4The western rock lobster fishery 20012002 to 20022003 (and previous years)

Consultation The management arrangements for the WRL fishery have been developed through formal consultation with industry and the general public which includes the Rock Lobster Industry Advisory Committee (RLIAC) which is a statutory committee under legislation (S29 and S30 of the FRMA) and also from requested submissions from industry groups (eg WAFIC) other stakeholder groups (eg Recfishwest Conservation Council of WA) and the general public The level of involvement the range of expertise and community interests that are involved and have been involved in the process of determining management and reviewing stock assessments is extensive The groups that have been involved in the generation of the information contained in this application include

bull Department of Fisheries WA bull Department of Environment WA bull Department of Conservation (formerly known as CALM) bull The Rock Lobster industry bull Western Australian Fishing Industry Council (WAFIC) bull Recfishwest bull Conservation Council of WA bull WWF bull Museum of WA and bull Marine Stewardship Council (MSC ndash including the three international experts on

their review panel) The FRMA has certain requirements with regard to consultation that must be undertaken in the course of managing fisheries The management of the rock lobster fishery is based around a very extensive consultation and communication process Advice provided to the Minister following each RLIAC meeting Production and circulation of Chairmanrsquos reports to all stakeholders Adherence to annual planning cycle Proper consultation procedures have been followed in any amendment of the management plan

Coastal tour held annually Views on the RLIAC and related consultation processes collected from stakeholders at each annual coastal tour Documentation of the formal consultation procedures followed when an amendment is made

Consultation on management of the rock lobster fishery is conducted in an open accountable and inclusive environment where all sectors of the industry and the Departments managers collectively identify and discuss appropriate courses of action Decision makers take due not of advice provided on the basis of this consultation and give reasons for decisions which vary from consultation-based advice

306

The consultation process is extremely well understood with relatively high levels of participation from the various stakeholder groups Membership of the RLIAC comprises an independent Chairperson Executive Director the Department of Fisheries an officer from the Department two rock lobster processors eight commercial rock lobster fishermen and one recreational rock lobster fisherman and a representative of the Conservation Council of WA Terms of appointment are usually for two years however members can seek to be reappointed for additional terms RLIAC has a number of sub-committees which are chaired by RLIAC members but nominations are sought from industry groups to make up the sub-committees There are a number of avenues through which RLIAC communicates to industry such as the RLIAC newsletter industry meetings management papers individual correspondence attendance at association meetings surveys and discussions with their peers

Various Fishing Bodies involved in the management process for the Western Rock Lobster Fishery Abbreviations ADC ndash Aquaculture Development Council RFAC ndash Recreational Fishing Advisory Committee WRLDA ndash Western Rock Lobster Development Association WAFIC ndash Western Australian Fishing Industry Council The Department will continue to provide a dedicated executive officer whose primary role to service the consultation process for the rock lobster industry

Supporting documentsreports bull The Annual Report to Parliament (1997-2006) (The Annual Report to

Parliament should be read in conjunction with its sister publication the 4State of the Fisheries Report)

bull 4State of the Fisheries Report (1998-2005) bull Business Plan 2002-2005 bull Strategic Plan 2004-2008 and bull Guides to Quality Fish

Appendix A 307

The Department of Fisheries publishes a range of document series that deal with issues relating to the management of Western Australias fisheries pearling and aquaculture and fish and fish habitats The major categories currently in use are 4Fisheries Management Papers 4Ministerial Policy Guidelines and 4Fisheries Occasional Papers

References WA fisheries submission to DEWHA Application To Environment Australia On The Western Rock Lobster Fishery Against the Guidelines for the Ecologically Sustainable Management of Fisheries For Continued Listing on Section 303DB of the Environmental Protection and Biodiversity Conservation Act 19991 (October 2001) Fisheries Western Australia DEWHA assessment Assessment of the Western Rock Lobster Fishery (August 2002) Environment Australia Department of Environment and Heritage Legislation Commonwealth Legislation

bull The Offshore Constitutional Settlement (OCS) arrangements between Western Australia and the Commonwealth Government of 1995 and

bull Environmental Protection and Biodiversity Conservation (EPBC) Act 1999 State legislation

bull Fish Resources Management Act 1994 (FRMA) The FRMA lists the objectives for the management and conservation of fish and their habitat ndash examples to conserve fish and to protect their environment and to achieve optimal economic social and other benefits from the use of fish resources and

bull Fish Resources Management Regulations 1995 (FRMR) Fisheries Notices and Orders Notices made under the Fisheries Act 1905 and Orders made under the FRMA are also a form of subsidiary legislation Notices made under the Fisheries Act 1905 were carried over and are still in force by virtue of Part 18 of the FRMA (Savings and Transitional Provisions)Notices and Orders may prohibit fishing by certain fishing methods by species or by persons or a class of persons

bull Fishing and Related Industries Compensation (Marine Reserves) Act 1997 bull Fishing and Related Industries Compensation (Marine Reserves) Regulations

1998 and bull Fishing Industry Promotion Training and Management Levy Act 1994

Management

bull The West Coast Rock Lobster Limited Entry Notice 1993 made under the WA Fish Resources Management Act 1994 (the management plan) and

bull The WA Fish Resources Management Act 1994

308

Other

bull Western Rock Lobster Ecological Risk Assessment (11 October 2001) prepared by IRC Environment and

bull Hall NG and RS Brown (2000) Modelling for management The western rock lobster fishery In Spiny lobsters fisheries and culture (Ed by Phillips BF and Kittaka J) pp 386-399 Fishing News Books Blackwell Science Ltd Oxford UK

Part 2 DEWHA Assessment

The assessment

bull Department of Environment and Heritage assessment report (August 2002) bull 4Accreditation of a Plan of Management for the Purposes of Part 13 (20 August

2002) bull 4Amendment of List of Exempt Native Specimens ndash Gazetted Thursday 4

September 2002 No GN 35 bull 4Ministerial decision (20 August 2002) and bull 4Agency submission on ecological sustainability (October 2001)

DEWHA assessment

Assessment of the Western Rock Lobster Fishery (August 2002) Environment Australia Department of Environment and Heritage (Overall assessment pgs 5-6) The Western Rock Lobster Fishery is assessed as being a well managed fishery where the risks of being ecologically unsustainable are constrained in the short to mid term The fishery has mechanisms in place which should control the ecological impact of the fishery As a consequence it is recommended that the export of species taken in the fishery should be exempt from the export controls of Part 13A of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) with that exemption reviewed in five years Specifically EA recommends that western rock lobster (Panulirus cygnus) Octopus (Octopus species) snow crab (Chacean bicolor) spiny (champagne) crab (Hypothalassia acerba) and giant crab (Pseudocarcinus gigas) taken in accordance with the Western Rock Lobster Limited Entry Notice 1993 be included on the list of exempt native specimens of the EPBC Act A number of issues have been identified which would need to be addressed prior to the next review to ensure ecological risks are contained in the mid to long term As the fishery area encompasses Commonwealth as well as State waters consideration under Part 13 of the EPBC Act is required vis-agrave-vis the impact of the fishery on threatened species migratory species cetaceans and listed marine species The submission indicates that the fishery may interact with leatherback turtles (Dermochelys coriacea listed as vulnerable on the EPBC Act) and Australian sea lions (Neophoca cinerea a listed marine species on the EPBC Act) As the level of interaction with both appears to be low the fishery is unlikely to have a significant impact Similarly the submission indicates minimal interactions between the fishery

Appendix A 309

and cetaceans and listed migratory species such that the fishery is unlikely to have a significant impact A declaration under ss208A 222A 245 and 265 of the Act would be appropriate

4Ministerial decision

The submission has been assessed in accordance with the protected species provisions of Part 13 and the wildlife trade provisions of Part 13A of the EPBC Act

The Western Rock Lobster Limited Entry Notice 1993 requires that all reasonable steps are taken to ensure that protected species are not injured or killed and the level of interactions with such species in the fishery is not likely to adversely affect the conservation status of protected species or the survival and recovery of listed threatened species Hence the management arrangements for the WRL fishery meet the requirements of Part 13 of the Act Accreditation will ensure that individual fishers operating in accordance with the Notice are not required to seek permits in relation to interactions with protected species

For the purposes of the wildlife trade provisions in part 13A of the EPBC Act the Notice provides the basis for the fishery to be managed in an ecologically sustainable way I shall therefore amend the list of exempt native specimens to include all products taken in accordance with the Western Rock Lobster Limited Entry Notice 1993 including western rock lobster (Panulirus Cygnus) octopus (Octopus species) snow crab (Chacean bicolor) spiny (champagne) crab (Hypothalassia acerba) and giant crab (Pseudocarcinus gigas) for a period of five years Such listing will serve to exempt the fishery from other export controls of the Act and exempt exporters from requiring export permits under the Act

The Western Rock Lobster Limited Entry Notice 1993 meets the Commonwealthrsquos Guidelines for the Ecologically Sustainable Management of Fisheries The Ministers decision is subject to the following recommendations Recommendations

1 The Western Rock Lobster Fishery submission contains a number of detailed and explicit management triggers decision rules and performance measures which are not included in the management plan The Western Australian Department of Fisheries (WADF) and the Rock Lobster Industry Advisory Committee should formally incorporate these into the management regime and decision making process with clear timelines for implementation These measures must ensure the total effort in the fishery from all sectors is controlled and within sustainable limits Serious consideration should be given to a cap on total effort including both the recreational and commercial sectors

2 WADF should undertake contingency planning to deal with breaches in the existing management triggers In the event that a review is triggered by a breach of the performance measures and that review establishes that the management regime is under-performing the management plan should require that action must be taken to return the fishery to a stage where it will satisfy the management objectives

310

3 The compliance and enforcement strategy should continue to be periodically reviewed to ensure emerging compliance risks are identified and addressed WADF should conduct an annual assessment of the risks to ensure that the current compliance and enforcement regime is as effective for the recreational as for the commercial sector

4 Recognising that consideration of issues relating to the impact of the fishery on the marine environment is currently undertaken as an implicit part of the development of the advice of the Rock Lobster Industry Advisory Committee consideration should be given to including an explicit requirement to consider such impacts in the terms of reference for the Committee

5 WADF should continue active encouragement of broad public notification of the potential to input into the environmental impact assessment processes Furthermore WADF should ensure the external peer review of the existing stock assessment process is maintained

6 WADF should continue to monitor the situation with respect to the harvest of immature animals to ensure any reductions in egg production or puerulus settlement are detected in a timely manner and develop a management response for implementation in the event that a major issue develops

7 WADF should continue to implement annual estimation of recreational and indigenous harvest of lobsters which is factored into management including ongoing improvement of data collection and analysis

8 Research into changes in fishing efficiency should be undertaken on a five yearly basis and contingency plans and management strategies be developed to compensate for potential increases

9 Monitoring should be undertaken to evaluate whether the impact of the fishery on octopus is increasing and if so the impacts that harvest is having on the stock and ecosystem A management response should be developed by WADF as a contingency

10 The retention of deep sea crabs in the western rock lobster fishery should be actively managed by WADF to ensure the sustainability of the developing deep sea crab fishery

11 WADF should undertake to develop appropriate triggers for endangered threatened protected or bycatch species and appropriate management strategies should the levels or sensitivity of interactions are shown to be greater than currently estimated To facilitate this process it is important that

bull WADF continue the recording of byproduct and bycatch taken by the fishery (using both fishery dependent and fishery independent methods) WADF analyse whether byproduct and bycatch recording by the fishery dependent methods are an effective mechanism for obtaining these data and

bull WADF continue the ongoing monitoring of sea lion and cetacean interactions In the event that these interactions significantly increase

Appendix A 311

WADF should implement appropriate mitigation measures in a timely fashion

12 WADF should assess options for system-based management objectives and associated biological reference target and limit levels and implement system-based performance measures in the fishery This should include a determination of the appropriate levels of protection for larger lobsters WADF therefore are encouraged to undertake the proposed additional work on the issue of the role of large western rock lobsters in the system including work on the catchability of larger lobsters

13 WADF should examine mechanisms for monitoring ecosystem impacts of the fishery including the appropriateness of reference areas that would allow comparison of fished and unfished areas

14 WADF should establish an environmental management plan for the fishery that deals with effective waste management in the fishery and minimises the impacts of gear loss

312

Commonwealth fisheries bull Antarctic

- CCAMLR New and Exploratory

- Heard Island and McDonald Islands

- Macquarie Island bull Bass Strait Central Zone Scallop bull Christmas Island and Cocos

(Keeling) Islands bull Coral Sea bull Eastern Tuna and Billfish bull Norfolk Island bull North West Slope bull Northern Prawn bull Skipjack Tuna bull Small Pelagic

bull Southern and Eastern Scalefish and Shark

- Commonwealth Trawl - Great Australian Bight

Trawl - Gillnet Hook and Trap - East Coast Deepwater

Trawl bull South Tasman Rise bull Southern Bluefin Tuna bull Southern Squid Jig bull Western Tuna and Billfish bull Torres Strait bull Western Deepwater Trawl

AFMA submission to DEWHA

The submissions to DEWHA under the EPBC Act addressed the EPBC principles and objectives (ecological only) The assessment must specifically address all aspects of the Guidelines for the Ecologically Sustainable Management of Fisheries In particular the assessment must demonstrate that the fishery is ecologically sustainable in terms of its impact on

a) target species b) non-target species and bycatch and c) the ecosystem generally (including habitat)

In particular the assessment must include

a) A description of the potential impacts of the fishery on the environment (including to the extent possible information on the degree of confidence with which the impacts can be predicted and quantified)

b) An analysis of the nature and extent of the likely environmental impacts including whether the impacts will be short term or long term impacts

c) An assessment of whether any environmental impacts are likely to be unknown unpredictable or irreversible

d) An analysis of the significance of the potential impacts and e) Reference to the technical data and other information relied upon in assessing

the environmental impacts of the fishery The assessment shall include consideration of impacts associated with the conduct of the fishery such as the discharge of waste and other pollution risks (including lost gear) The assessment shall include consideration of the international arrangements

Appendix A 313

established for the management of the species The assessment must include information on the recreational catch sector and its impact on stock sustainability

AFMA Eastern Tuna and Billfish Fishery an example Part 1 provides a summary and details of the FMA submission on ecological sustainability to DEWHA (October 2001) Part 2 provides summary information of DEWHA assessment of the fishery and the Ministerial decision conditions and recommendations

Part 1 Commonwealth (AFMA) submission to DEWHA Summary of AFMA submission to DEWHA Legislation International United Nations Fish Stocks Agreement which

came into force on 11 December 2001 United Nations Convention on the Law of the Sea Food and Agricultural Organisation of the United Nationrsquos Code of Conduct for Responsible Fisheries and Convention on the International Trade in Endangered Species of Wild Fauna and Flora South Pacific Forum fisheries Agency Convention 1979 Convention for the Prevention of Pollution from Ships (MARPOL 7378) Bilateral agreements between Japan and Australia regarding the shark bycatch code of practice and seabird mitigation measures

Commonwealth legislation Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Offshore Constitutional Settlement (OCS)

Management Management plans Fisheries Administration Act 1991 The legislative

basis for AFMArsquos management of fisheries is the Fisheries Management Act 1991 The Eastern Tuna and Billfish Fishery Management Plan 2005 ETBF Bycatch Action Plan Threat Abatement Plan 1998

Code of practice Agreement between Japan and Australia under the bilateral agreement regarding the shark bycatch code of practice Agreement between Japan and Australia under the bilateral agreement regarding seabird mitigation measures

Harvest strategies Limited entry with vessel restrictions in some areas Revised management arrangements

Spatial management Zones for longline and minor line sectors

Assessment

Stock assessment EIS No

Risk assessment Ecological Risk Assessment for the Effects of

314

Fishing Eastern Tuna amp Billfish Fishery Longline Sub-fishery Report for the Australian Fisheries Management Authority (2006)

Economic components No Social components No

Governance No

Monitoring and performance Monitoring Monitoring logbooks TAP SPC coastal states

VMS effort monitoring Performance indicators and trigger points Performance criteria based on ETBF management

plan 2005 objectives only provisional reference points for primary and secondary species

Observer program AFMA observer program operating since July 2003

Reporting Fishers Daily fishing log on a shot by shot basis to AFMA

14 days after end of each month verified by AFMA observers

AFMA Annual fisheries data summaries AFMA annual performance reports

Research

Research Eastern tuna and billfish fishery five year research plan 2003-2008

Consultation

The Eastern Tuna and Billfish Fishery Management Advisory Committee (Eastern Tuna (MAC)

AFMA submission to DEWHA in more detail The information provided in general comes from the assessment report submitted to DEWHA other information from the jurisdiction fishery web page Sources of information will be noted

Legislation International legislation

bull United Nations Fish Stocks Agreement which came into force on 11 December 2001

bull United Nations Convention on the Law of the Sea bull Food and Agricultural Organisation of the United Nationrsquos Code of Conduct for

Responsible Fisheries bull Convention on the International Trade in Endangered Species of Wild Fauna

and Flora bull South Pacific Forum fisheries Agency Convention 1979 bull Convention for the Prevention of Pollution from Ships (MARPOL 7378) bull Australia has signed (but not ratified) the Convention for the Conservation and

Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean Once ratified the Convention establishes a Commission

Appendix A 315

comprising coastal states and distant water fishing nations which will manage the tuna and billfish stocks on a regional basis

bull Agreement between Japan and Australia under the Bilateral agreement regarding the shark bycatch code of practice 4 June 1997 and

bull Agreement between Japan and Australia under the Bilateral agreement regarding the seabird mitigation measures 4 June 1997

Commonwealth legislation

bull Fisheries Administration Act 1991 bull Fisheries Management Act 1991 bull Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)

and bull Offshore Constitutional Settlement (OCS)

Management

Plans and regulations

bull The Eastern Tuna and Billfish Fishery Management Plan 2005 and bull The ETBF Management Plan 2005 was accepted on the 12 October 2005 by the

Minister The Management Plan is made under the Fisheries Management Act 1991 manages only commercial fishing for tuna and billfish species in the area of the fishery The bycatch provisions set out in the Fisheries Management Regulations 1998 apply to all Fishing Permits in the Eastern Tuna and Billfish Fishery The 1998 Threat Abatement Plan to reduce incidental bycatch of marine birds The objectives of this Management Plan and the objectives for AFMA to pursue when it is administering the Plan are as follows (a) to manage the fishery efficiently and cost-effectively for the

Commonwealth (b) to ensure that the exploitation of the resources of the fishery and the

carrying on of any related activities are conducted in a manner consistent with the principles of ecologically sustainable development and the exercise of the precautionary principle and in particular the need to have regard to the impact of fishing activities on bycatch species and the long-term sustainability of the marine environment

(c) to maximise economic efficiency in the exploitation of the resources of the fishery

(d) to ensure AFMArsquos accountability to the fishing industry and to the Australian community in managing the resources of the fishery

(e) to reach Government targets for the recovery of the costs of AFMA in relation to the fishery and

(f) to ensure that conservation and management measures taken in relation to the fishery implement Australiarsquos obligations under relevant international agreements

316

Measures by which the objectives are to be attained (Act s 17 (5)) The measures by which the objectives of this Management Plan are to be attained include the following (a) providing the services needed to manage the fishery including (i) data collection research and consultation and (ii) services to ensure compliance with the Plan (b) annually evaluating and if necessary revising the range extent and cost

of the services mentioned in paragraph (a) (c) in the first year of the Management Plan developing and implementing a

data plan to collect verify analyse and manage data that is related to the management of the fishery including data about

(i) the catch and the effort required to achieve the catch and (ii) the biological and ecological state of the fishery and (iii) the technical and economic issues related to fishing in the fishery (d) publishing and every 2 years reviewing the data plan mentioned in

paragraph (c) (e) if relevant information about the fishery is received mdash reviewing

ecological risk assessments of marine communities primary species and secondary species to determine the risk to the maintenance of an ecologically sustainable fishery

(f) developing in cooperation with stakeholders a plan to strategically address any high risks identified during an ecological risk assessment

(g) setting catch limits or designing other measures for species of fish that are managed under State or Territory law

(h) periodically taking account of the impact of fishing on primary species secondary species by-catch species and species that are ecologically related to those species and the marine environment and

(i) determining the status of stocks and the marine environment in relation to the reference points for stocks of primary species by conducting stock assessments risk assessments or both and

(ii) reviewing and if necessary improving the reference points for stocks of primary species and secondary species and

(iii) developing publishing and applying decision rules for setting the longline TAE and minor line TAE and any other related management decisions and

(iv) reviewing evaluating and if necessary improving the decision rules mentioned in subparagraph (iii) and

(v) implementing reviewing and if necessary updating the by-catch action plan and

(vi) implementing reviewing and if necessary updating other action plans to minimise the impact of fishing on by-catch species and species that are ecologically related to primary species secondary species and by-catch species

(i) setting for each fishing season the longline TAE and minor line TAE that are needed to manage the fishery in an ecologically sustainable manner based on

Appendix A 317

(i) information given by the advisory committee and other interested bodies including international bodies and

(ii) the total estimated catch by the commercial recreational indigenous and any other users of the fishery and adjacent or overlapping fisheries and

(iii) information about the sustainability of marine species in the area of the fishery and

(iv) the reference points that are set for the stocks of any primary or secondary species and

(v) any decision rule used for setting the longline TAE and minor line TAE and

(vi) the precautionary principle and (vii) any decision made by the Minister or an intergovernmental

Ministerial Council about resource sharing in the fishery (j) if necessary giving directions that fishing is not to be engaged in the

fishery or a particular part of the fishery during a particular period or periods

(k) if necessary determining the fishing capacity permitted for the fishery or a part of the fishery in respect of a particular period or periods

(l) granting transferable SFRs to eligible persons (m) when appropriate granting permits to eligible persons (n) setting up a research program to support the management of the fishery

during the first year of the Management Plan and (i) annually publishing a report about the research program and (ii) reviewing and if necessary improving the program (o) on commencement of the Management Plan implementing a risk-based

compliance program and a catch monitoring program for the fishery (p) reviewing and if necessary improving the programs mentioned in

paragraph (o) (q) each fishing season evaluating the methods used to monitor compliance

with the Management Plan and if necessary improving those methods (r) gathering information about the economic efficiency of the fishery and

implementing long-term management arrangements that pursue economic efficiency for the fishery

(s) within 3 years after the day when the first longline SFRs come into effect

(i) conducting a review to decide whether to effectively manage the fishery the number of boats in the fishery should be limited and

(ii) if necessary making an appropriate determination (t) within the first 18 months of the Management Plan developing and

implementing a communication plan for the fishery providing for the publication of reports about the status of stocks and the management of the fishery

(u) after consulting with the advisory committee preparing (in accordance with the governmentrsquos cost recovery policy) annual budgets and recommending levies to recover the costs of management that are attributable to the fishing industry

318

(v) managing the fishery in a way that is compatible with Australiarsquos international obligations

(w) at least every 5 years reviewing the Management Plan and if necessary amending the Plan to improve management of the fishery

Part 2 Specific ecosystem requirements 10 By-catch (Act s 17 (6D)) (1) AFMA must prepare and implement a by-catch action plan or by-catch action

plans for the fishery

(2) AFMA must review each by-catch action plan at least once every second year while it is in force

(3) A by-catch action plan must require action to ensure that (a) information is gathered about the impact of the fishery on by-catch

species and (b) all reasonable steps are taken to minimise interactions with seabirds

marine reptiles marine mammals and fish of a kind mentioned in sections 15 and 15A of the Act and

(c) the ecological impacts of fishing operations on habitats in the area of the fishery are minimised and kept at an acceptable level and

(d) by-catch is reduced to or kept at a minimum and below a level that might threaten by-catch species

(4) In developing a by-catch action plan AFMA must take into account (a) the protection given to whales and other cetaceans under Division 3 of

Part 13 of the EPBC Act and (b) the requirements under the EPBC Act for the protection of (i) listed threatened species and (ii) listed threatened ecological communities and (iii) listed migratory species and (iv) listed marine species within the meanings given in that Act

(5) If information gathered under a by-catch action plan shows it is necessary to do so AFMA must consider making appropriate amendments of this Management Plan or changes to the conditions imposed on the holders of fishing concessions

ETBF Bycatch Action Plan Australias Tuna and Billfish Longline and Minor Line Fisheries Bycatch Action Plan (AFMA 2004) requires further validation of turtle catch rates The draft plan requires that AFMA prepare and implement a bycatch action plan to ensure

a) Information is gathered about the impact of the fishery on bycatch species b) All reasonable measures are taken to minimise interactions with seabirds

marine mammals and fish

Appendix A 319

c) The ecological impacts of fishing operations on habitats in the area of the fishery are minimised and kept at an acceptable level

d) Bycatch is reduced to or kept at a minimum and below a level that might threaten bycatch species

In particular the bycatch action plan must take into account the protection of whales and other cetaceans under Division 3 Part 13 of the EPBC Act and the requirements under the EPBC Act for the protection of threatened species threatened ecological communities migratory species and listed marine species Threat Abatement Plan 1998 (2004) Oceanic longline fishing is listed as a key threatening process to seabirds under the EPBC Act The TAP was prepared for nationally coordinated action to alleviate the impact of longline fishing activities on seabirds in Australian waters The TAP was released in 1998 and was being reviewed in 2003 The TAP focuses on implementing a range of mitigation measures as a key action in reducing seabird bycatch to an acceptable level The primary objective of the current TAP (1998 ndash 2003) is to reduce the seabird bycatch in longline fisheries to below 005 birds per 1000 hooks This represents a reduction of up to 90 of seabird bycatch within the AFZ and should be achievable within the five year life of the TAP (EA 1998) The TAP is administered by the Department of the Environment and Heritage in conjunction with the Threat Abatement Plan Team The Department of the Environment and Heritage in conjunction with the TAP Team prepares updates on TAP progress Actions identified in the TAP include the adoption of measures known to be effective at mitigating seabird bycatch development or refinement of new mitigation measures as well as education and collection of information on which to base future decisions Since 1995 pelagic longline vessels have been required to deploy a tori pole and line (bird scaring line) when setting longlines south of 30deg South Legislative Regulations were implemented in February 2001 under the Fisheries Management Act 1991 to meet the requirements of the TAP These regulations require all longliners

bull To carry a tori pole and when fishing in waters south of Latitude 30degS to attach the line where baits enter the water (Tori poles consist of a pole mounted on the stern of a vessel and a line with streamers attached which is towed astern directly above the area where bait enters the water The streamers deter birds from taking the bait)

bull To ensure that no offal is discharged when longlines are being set and where possible when longlines are being hauled operating in waters south of 30ordmS to set their lines at night (between nautical dawn and nautical dusk) and

bull To only use thawed baits The Regulations also allow for further development and testing of alternative mitigation measures to be facilitated under Scientific Permits In accordance with these Regulations operators in the ETBF set their gear at night The Threat Abatement Plan (1998) outlines the compulsory and voluntary mitigation measures that currently exist for vessels operating in the AFZ Mandatory measures include

320

(1) Fisheries Management Regulation 19A of the Fisheries Management Act 1991 specifies mandatory use of tori poles (constructed in accordance with the regulation) by all vessels setting beneath 30deg S

(2) Night setting by operators south of 30deg S (3) All day setting vessels must also demonstrate an ability to thaw baits prior to

setting and use thawed baits on hooks Use weighted lines as determined by experimental trials

(4) Retention of offal during line setting and hauling to be discharged when not line setting

(5) Code of Practice specific to pelagic longline vessels It should be noted that boats under 20m may apply for variation to the prescribed measures Agreements by AFMA board May 2005

(i) operators allowed day setting south of 25deg S providing line weighting regime achieves recommended sink rate (ETMAC July 2005) and mandatory use of a standardised tori line system

A further proposal by ETMAC (ii) all hooks set south of 25deg S be weighted with either (a) 60gram swivels no

more than 1m from the hook or (b) 98 gram swivels no more than 35m from the hook These arrangements are lsquoprovisionalrsquo pending revision of TAP and further research and development work

Codes of practice United Nationrsquos Code of Conduct for Responsible Fisheries As a part of the bilateral negotiations Australia and Japan developed a Code of Practice for Sharks The code required that sharks were identified and recorded to species level As a signatory to the Food and Agriculture Organisationrsquos International Plan of Action on Sharks Australia has committed to developing a National Plan of Action on Sharks (NPOA Sharks) This is currently being progressed by DAFF in consultation with a working group DAFF expects the NPOA Sharks will be complete by late 2003 The International Plan and the NPOA Sharks aim to

bull Ensure shark catches are sustainable bull Facilitate improved species-specific catch and landings data and monitoring of

shark catches bull Facilitate the identification and reporting of species-specific biological and trade

data and bull The NPOA Sharks will include actions to address these aims Once finalised

AFMA and other stakeholders will be committed to implementing actions within defined timeframes

Agreement between Japan and Australia under the bilateral agreement regarding the shark bycatch code of practice ldquoDelegations of the Government of Australia and of the Government of Japan wish to record the following with respect to the Subsidiary

Appendix A 321

Agreement between the Government of Australia and the Government of Japan concerning Japanese Tuna Long-Line Fishing done at Canberra on 4 June 1997 1 In recognition of the concerns for appropriate practices for dealing with the bycatch of shark in the tuna long-line fishery the Japanese delegation stated that the Japanese authorities are to issue Administrative Guidance to Japanese tuna long-line vessels to avoid conduct by Japanese fishermen contrary to the terms of the Shark Bycatch Code of Practice set out below (a) Details will be recorded on individual shark species both for sharks retained and

sharks hooked but discarded (b) Australian observers will continue to monitor closely shark bycatch levels and

collect biological samples (c) All vessels licensed to fishing in the Zone under this Subsidiary Agreement will

ensure that all sharks taken are either (i) released alive and undamaged where possible ie sharks should not be

mutilated or cut in any way prior to release Japanese tuna ling-line fishermen will be encouraged to remove hooks with a ldquode-hookingrdquo device or

(ii) retained whole (this does not preclude processing such as hading and gutting but where fins are retained trunks must also be retained) Any sharks retained will be processed only after they have first been killed

a) The Japanese delegation stated that the Japanese tuna long-line fishing industry is to continue to make its best efforts to identify possible markets for shark in cooperation with the Australian tuna fishing industry 4 June 1997rdquo Agreement between Japan and Australia under the bilateral agreement regarding seabird mitigation measures ldquoDelegations of the Government of Australia and of the Government of Japan with respect to the Subsidiary Agreement between the Government of Australia and the Government of Japan concerning Japanese Tuna Long-Line Fishing done at Canberra on 4 June 1997 wish to record the following b) Both delegations stated that Japanese tuna long-line vessels are to use tori poles and are to be encouraged to continue to develop fishing practices and methods to reduce the incidental take of albatross including setting the long-lines at night where practicable and ensuring that all bait used is appropriately thawed c) The Australian delegation advised that the Australian Fisheries Regulations had been amended to require all licensed foreign long-line vessels operating in the Zone to use tori poles of a standardised design south of 30 degrees South latitude The Australian delegation confirmed that there would be no difference in treatment between Japanese and Australian domestic vessels in respect of these Regulations 3 Both delegations stated that Japanese tuna long-line vessels are to be encouraged to provide reports to the competent authorities in both countries on the effectiveness of tori poles and other methods in reducing the incidental take of albatross 4 The Australian delegation acknowledged the Japanese fishing industryrsquos undertaking in response to Australiarsquos request to make voluntary efforts to collect where

322

practicable albatross taken incidentally during fishing operations and to provide them to Australian authorities in port The Australian side advised that the purpose of such collection was to assist with research on the ecology of albatross 4 June 1997rdquo

Harvest strategy

The main management control for the fishery is a cap on total number of hooks which can vary from year to year A recent modification is to differentiate the value of hook deployments by area such that hooks deployed in areas where stocks are depleted will be counted more heavily than those deployed in other areas Trip limits for some species (eg sharks mahi mahi) and limited catch (eg SBT see technical measures) bycatch provisions For 2006 an interim total catch quota of 1400 t for broadbill swordfish was implemented There is a management framework to restrict long-line access to waters containing SBT Typically two restricted access zones one in which fishers may set gear if they hold lt500 kg of SBT quota and a more southern zone where fishers must hold more than 4 t on quota This zone is managed in an interactive fashion during the season AFMA must before the start of each fishing season and after considering the reference point for each primary species and secondary species determine the longline TAE and minor line TAE for the fishery for that fishing season and any later period specified in the determination

Spatial management

There are zones for longline and minor line sectors There are four Commonwealth marine protected areas in the area of the ETBF Barrier Reef marine park Solitary Islands marine park Lord Howe Island marine park Tasmanian Seamounts marine Parks and two reserves Coringa-Herald and the Lithou Reef National Nature Reserves Directions powers under the Eastern Tuna and Billfish Fishery Management Plan 2005 allow AFMA to define spatial and temporal areas in which specific management regimes apply This is a useful tool in a multi species longline fishery as it allows area closures to be implemented to ensure that fishing does not have high impact on areas of particular sensitivity Area management will be used as required to avoid the capture andor mortality of endangered threatened or protected species The differential hook decrementation system will provide AFMA with a mechanism to implement spatial and area management within the fishery The system will be designed to create a disincentive for operators to fish in areas where localised depletion is occurring or where species of concern are predominant The Australian Tuna and Billfish Fisheries Bycatch Action Plan 2001 includes an action to assess the utility of spatialtemporal area management in sub-regional areas and other mitigation measures on reducing the likelihood of negative interactions with protected species

Appendix A 323

Assessment

Stock assessments

Terms of Reference for the Fishery Assessment Group of Eastern Tuna MAC The following terms of reference apply to the Fishery Assessment Group (FAG) of Eastern Tuna MAC 1 To compile an annual fishery and stock assessment on the Eastern Tuna and Billfish Fishery (ETampBF) to report on the state of stocks and the economic status of the fishery This will incorporate

bull Scientific and economic assessment on the status of tuna and billfish fisheries within the area of the fishery

bull All sectors of the fishery (both commercial and recreational) bull Information from all participants (scientists economists managers industry and

recreational representatives) involved in the assessment process bull Findings from international research of relevance to the ETampBF and bull Environmental considerations of relevance to the sustainable development of the

ETampBF

2 To provide advice to the Research Review and Recommendation (RRR) Group and Eastern Tuna MAC on

bull Deficiencies in the information on the stock assessment process and bull Stock and economic research needs on each species and sector of the fishery

3 To produce an annual ETampBF Assessment Report for Eastern Tuna MAC A project entitled Integrated Analysis and Assessment of the Eastern Tuna and Billfish Fishery is currently underway This project has funding from MAC initiated research funds The project commenced 2002 and completion was expected 2005 The objectives of this project include developing an assessment framework for principal tuna and billfish resources in particular

bull Investigating environmental factors that influence catch rates bull Standardising domestic longline catch rates as a proxy for indices of stock

availability bull Further developing the MULTIFAN-CL stock assessment models (described in

more detail below) for yellowfin tuna and bigeye tuna (in collaboration with scientists at SPC)

bull Developing a stock assessment model for broadbill swordfish within the south west Pacific and

bull Identifying performance indicators and decision rules for adjustment of total allowable effort (TAE) for each stock

The stock assessment processes include where possible estimates of all sources of

324

mortalities Estimates of commercial removals are considered to be reliable Recreational and Indigenous take is not as well known however there are several processes in place to improve these estimates These are described below

Risk assessment

The assessment of the ecological impacts of the Eastern Tuna and Billfish Fishery Longline Sub-fishery was undertaken using the ERAEF method version 92 ERAEF stands for ldquoEcological Risk Assessment for Effect of Fishingrdquo and was developed jointly by CSIRO Marine and Atmospheric Research and the Australian Fisheries Management Authority ERAEF provides a hierarchical framework for a comprehensive assessment of the ecological risks arising from fishing with impacts assessed against five ecological components ndash target species byproduct and bycatch species threatened endangered and protected (TEP) species habitats and (ecological) communities ERAEF proceeds through four stages of analysis scoping an expert judgement based Level 1 analysis (SICA ndash Scale Intensity Consequence Analysis) an empirically based Level 2 analysis (PSA ndash Productivity Susceptibility Analysis) and a model based Level 3 analysis This hierarchical approach provides a cost-efficient way of screening hazards with increasing time and attention paid only to those hazards that are not eliminated at lower levels in the analysis Risk management responses may be identified at any level in the analysis Sustainability of both target and non-target catch is an important issue for the ETBF longline sector The high risk target species swordfish is now under an interim quota The non-target group at highest risk is undoubtedly seabirds and this issue is being addressed through the Threat Abatement Plan process (currently in its second planning period) Some species of turtles may also be at risk from capture and interactions with marine mammals should continue to be monitored While four species of chondrichthyans (longfin mako porbeagle white shark and dusky shark) were a high risk this is a taxa group that will require increased focus and monitoring The Level 1 analysis also identified disease risk from imported bait as a potential issue Using the results of the ecological risk assessment the next steps for each fishery will be to consider and implement appropriate management responses to address these risks To ensure a consistent process for responding to the ERA outcomes AFMA has developed an Ecological Risk Management (ERM) framework

Appendix A 325

Monitoring and performance

Monitoring

Summary of fishery dependent research and monitoring for the ETBF

Description Information collected Collection frequency Provided to

Observer program Verified shot by shot data on species caught in the fishery including wildlife interactions

51 coverage of fishing effort for 5 years commenced in 2003

AFMA

Logbooks Shot by shot data on Ongoing - every shot AFMA amp CSIRO AL05 ndash longline sector w some - fishing effort provisions for minor line - catch estimates of PS01 - purse seine amp pole sector primary amp OT03 - minor line sector secondary species

for stock monitoring purposes

TL04 logbook amp observer data Approximately 10 AFMA for the Japanese fleet bull Data collected under the

Verified shot by shot data on -fishing effort coverage of the

Japanese fleet

Australia Japan Joint Venture Program (south of 40ordm) This is indicative data only

- species caught in the fishery including wildlife interactions

operational in waters covered by the ETBF from 1 November 1979 to 31 October 1997

Threat Abatement Plan AFMA amp research

1 chute trail

Verified shot by shot data on

Defined number of observed hooks

organisations 2 combined branch line - fishing effort Commenced in 2002 monitoring bird weighting amp twin tori lines - primary amp interactions amp 3 line weighting secondary species bycatch

assessment Ongoing AFMA and

CSIRO Data on primary species including

- weightfrequency

AFMA ETBF size monitoring program in cooperation with associated fish processors

- otoliths for ageing - other biological information SPC information collection from Catch data from SPC Ongoing SPC AFMA amp coastal states coastal states and FFA CSIRO for stock observer programs for

ETBF primary amp secondary species

monitoring

As well as observer coverage all vessels operating under the AustralianJapan bilateral agreements were subject to pre and post fishing inspections Through these inspections fisheries officers estimated freezer capacity and catch as a proportion of freezer capacity Vessel monitoring system Under current management arrangements longline operators are required to carry and operate a vessel monitoring system (VMS) when fishing on the high seas VMS enables AFMA to monitor the movement of vessels within the AFZ and on the high seas VMS also enables cost effective monitoring of vessels operating in and around the Coral Sea Zone or areas under specific management arrangements In addition where an at sea or

326

aerial patrol is required reporting from VMS allows a patrol vessel or plane to be directed to the exact location of the vessel resulting in substantial savings in search time VMS will provide ancillary benefits to operators in the fishery such as improved communications and safety Effort monitoring system In order to monitor TAE in the longline sector AFMA will implement an effort monitoring system through Regulations under the plan AFMA and industry have explored several methods for monitoring effort use in the fishery These include

bull Clip nomination method a drum monitoring system where an operator will be required to pre-nominate the number of clips that will be set on each longline shot This may vary between operators because of differing fishing techniques The pre-nominated number will be the maximum number of clips that can be carried on board Each vessel will be required to attach a monitor to the drum on which longlines are stored This lsquodrum monitorrsquo will be linked to the VMS As the longline is set the drum will turn The number of turns will be recorded by the drum monitor Once the drum has turned a defined number of times AFMA will be notified via the VMS This will then be counted as one longline set and the pre-nominated number of branch-line clips will be deducted from that operators holding of longline SFRs and

bull Clip monitoring method alternative mechanisms which will allow for the counting of the actual number of hooks deployed by operators instead of a pre-nominated amount AFMA envisages that any alternative mechanism would initially be used as an adjunct to and not replace the need for a drum monitor

Indicatorstriggers

Source The Eastern Tuna and Billfish Fishery Management Plan 2005 Performance criteria against which measures taken will be assessed (Act s 17 (5)) (ETBF management plan 2005) (1) The performance criteria against which the measures taken may be assessed

are the following (a) that (i) the range extent and cost of AFMArsquos services in the fishery are

reviewed annually and (ii) the review is published and (iii) the management of the fishery has been carried out

cost-effectively (b) that the method used to collect data is published in accordance with the

data plan (c) that the data plan is reviewed every 2 years and if necessary improved (d) that data is collected and analysed and used in accordance with the data

plan

Appendix A 327

(e) that for primary species secondary species by-catch species and species that are ecologically related to those species the necessary stock assessments or risk assessments or both are

(i) carried out and (ii) reviewed (f) that the following are published reviewed evaluated and if necessary

improved (i) decision rules for setting the longline TAE and minor line TAE

and any other related management decisions (ii) the by-catch action plan and any other action plan (g) that reference points are reviewed and if necessary improved (h) that the status of stocks is assessed in relation to the reference points for

those stocks and if a risk to the sustainability of a species is discovered steps are taken to minimise those risks

(i) that the method used for any revision of the reference points is published (j) that for each fishing season the longline TAE and minor line TAE are

set (k) that SFRs are granted to eligible persons (l) that when appropriate fishing permits are granted to eligible persons (m) that the research program mentioned in paragraph 7 (n) is operating and

information about the program is published (n) that the compliance program mentioned in paragraph 7 (o) is developed

and is effective (o) that methods for monitoring the fishing effort and if necessary the

catch are (i) developed and used and (ii) reviewed and if necessary improved (p) that the minor line TAE and subject to the provisions relating to

overcatch and undercatch the longline TAE for each fishing season is not exceeded

(q) that if the reference point for a particular species is approached or exceeded action is taken to ensure that the stock is rebuilt to at least the level that allows a sustainable harvest to be taken

(r) that the fishery is managed in a way that is compatible with the decisions of any relevant international body of which Australia is a member

(s) that data about the economic efficiency of the fishery has been collected and analysed to enable a periodic assessment of whether the data is consistent with improvements in the economic efficiency of the fishery

(t) that any changes to the management of the fishery are assessed in relation to their likely effect on the economic efficiency of the fishery

(u) that a review is conducted to decide whether the number of fishing boats in the fishery should be limited and appropriate action taken as a result of the review

(v) that the public and the fishing industry are in accordance with the communication plan mentioned in paragraph 7 (t) given information about the management of the fishery

328

(w) that the costs of the management of the fishery that are attributable to the fishing industry are recovered

Note Subsection 17 (5C) of the Act provides that a plan of management for a fishery affecting straddling fish stocks highly migratory fish stocks or ecologically related fish stocks must set out stock-specific reference points for the stocks

(2) AFMA must at least once every 5 years after the commencement day assess the effectiveness of this Management Plan including the measures taken to achieve the objectives of this Management Plan by

(a) reference to the performance criteria mentioned in subsection (1) and (b) taking into account the advice of the advisory committee Reference points (1) This section sets out provisional reference points for primary and secondary

species

(2) Within 12 months after the commencement day AFMA must (a) collate all available information about the stocks of bigeye tuna

broadbill swordfish striped marlin and yellowfin tuna in the fishery and (b) assess the risks to the ecological sustainability of those stocks and (c) unless it sets reference points at the end of that 12 months mdash not increase

the amount of each of the species mentioned in paragraph (a) expected to be taken under the longline TAE and minor line TAE

(3) Within 24 months after the commencement day AFMA must (a) carry out an assessment of the risk to the ecological sustainability of each

primary species and secondary species posed by fishing in the fishery and

(b) establish reference points for each of those species

(4) If no reference points are set AFMA must set precautionary limits on the catch of the species

Note 1 Subsection 17 (5C) of the Act provides that a plan of management for a fishery affecting straddling fish stocks highly migratory fish stocks or ecologically related fish stocks (within the meaning of the Fish Stocks Agreement) must set out stock-specific reference points (within the meaning of that Agreement) for the stocks Information to determine reference points is currently poor and until reliable information is available provisional reference points are being used When improved monitoring yields more accurate information the provisional reference points will be revised Note 2 Other ecosystem requirements in this Management Plan are included in Part 4 (Statutory fishing rights and fishing permits) and section 50 (Obligations relating to interactions with certain species and communities) Note 3 Obligations have been placed on the holders of fishing concessions under section 49 (Obligations of holders of SFRs) to ensure that by-catch is kept to a minimum

Appendix A 329

Observer program

AFMA observer program was initiated in 2002 Earlier observers worked as part of scientific studies and the data is often classified A more comprehensive AFMA observer program commenced in July 2003 and aims to achieve 5 coverage This is a requirement under the Threat and Abatement Plan (TAP) 1998

Reporting Fishers AFMA logbook data exists since the mid-1980rsquos AFMA Logbooks Longline sector operators and those operators who are using both pelagic longline and minor line methods are required to complete the lsquoAustralian Pelagic Longline Daily Fishing Logrsquo AL05) on a shot-byshot basis The AL05 was introduced into the fishery in September 2000 replacing the AL04Operators fill in catch and effort logbooks while fishing They are required to send them to AFMA 14 days after the end of each month The data is entered into AFMArsquos GENLOG database Data collected prior to 251199 is stored in AFMArsquos TUNALOG database AFMA observers collect data to verify logbook information AFMA

bull AFMA Annual Data summaries which provides a broad outline of the catch and effort in the Eastern Tuna and Billfish Fishery (ETBF) The data summary focus on logbook and observer information from the financial year and

bull AFMA Annual Reports report on performance including Commonwealth fisheries

Research Dealing with scientific uncertainty is a key challenge in managing marine fisheries resources Accordingly AFMA puts a priority on fisheries research stock assessments and in identifying strategies aimed at promoting the sustainable use of fisheries resources AFMAs longer-term research directions and key research areas are set out in the Authoritys Five Year Strategic Research Plan Key fisheries also have their own Five Year Strategic Research Plans that outline priority research areas for the fishery Terms of Reference for the Research Review and Recommendations (RRR) Group of Eastern Tuna MAC Function of the RRR Group In line with the legislative objectives specified in the Fisheries Management Act 1991 the RRR Group is to undertake the following functions on behalf of Eastern Tuna MAC with respect to the Eastern Tuna and Billfish Fishery (ETampBF)

bull In association with the Fishery Assessment Group (FAG) identify the research needs for the ETampBF on an annual basis and advise Eastern Tuna MAC on the type and priority of research required to effectively and sustainably manage the fishery

bull Review and update the Strategic Research Plan for the ETampBF on an annual basis

bull In line with the institutional research framework set up for Commonwealth

330

bull Managed fisheries review research proposals submitted to Eastern Tuna MAC AFMA and FRDC for the ETampBF and make recommendations to the MAC on which projects should be funded

bull Advise Eastern Tuna MAC on the disbursement of available research funds bull In line with the Strategic Research Plan for the ETampBF review research

projects undertaken from Eastern Tuna MAC AFMA Research and FRDC funds including

- review of annual milestone reports and final draft reports for projects undertaken

- advising the principal researchers of shortfalls in these studies and reports

bull Provide advice to Eastern Tuna MAC and AFMA on the management implications of research outcomes

bull Where required organise and conduct research workshops for user groups of the ETampBF

bull Deal with general research issues for the ETampBF as required from time to time and

bull Hold at least two research meetings per year to carry out the above mentioned functions

Eastern Tuna and Billfish Fishery Five Year Research Plan (2003 ndash 2008) Research Review and Recommendation Group of Eastern Tuna MAC (April 2003) Given the present legislative and management environment for the fishery ongoing research priorities for the ETBF can be grouped into the following four areas

1 Assessment of the fishery on targeted stocks 2 Assessment of the impact of the fishery on the related ecosystem 3 Assessment of the economic performance of the fishery 4 Identification and appraisal of appropriate management action

Eastern Tuna MACrsquos Research Priorities for 20032004 The following areas of research are Eastern Tuna MACrsquos research priorities for 20032004 listed in decreasing order The provision of sound scientific advice is central to the successful management of the ETampBF However the provision of appropriate data is fundamental to the research process As such the collection and analysis of data is seen as been central to but standing above all other research priorities Data requirements include

bull Provision of logbook and fishery independent data on catch and effort bull Size monitoring bull Species identification bull Collection of biological samples bull Collation of oceanographic and remotely sensed data bull Documentation of fishing and targeting practices within the ETampBF and bull Collection of economic data

Appendix A 331

The identification and evaluation of cost effective data collection and monitoring strategies for the ETampBF is an important part of this process 1 Assessment of the resource status of the primary ETampBF species including

bull Stock assessment and modelling bull Identification of environmental and oceanographic factors influencing the bull Availability of fish within the ETampBF bull Development of indices of resource status including the standardization of

CPUE bull development of alternative stock assessment methodologies bull Assessment of new technology on targeting practices in the ETampBF and bull Identification and evaluation of appropriate biological reference points

2 Determination of the ecological relationship between the fish caught in the ETampBF with fish caught in other regions of the western and central Pacific Ocean including

bull Stock structure bull Recruitment of ETampBF species to and from other regions bull Mixing rates between the western and central Pacific and the ETampBF bull Identification of environmental influences on recruitment and movement

patterns and bull Development of predictive models

3 Evaluation of management strategies for the ETampBF including bull Evaluation of the ecological and economic consequences of alternative harvest

strategies (eg Total allowable effort levels) and decision rules for adjusting harvest strategies

bull Identification and cost-benefit analysis (including ecological and economic) of ancillary management measures such as spatial closures and gear restrictions

bull Development of appropriate ecological and economic performance indicators and related target and limit reference points and

bull Measuring and monitoring progress against economic efficiency bull

4 Assessment of the impact andor reliance of the ETampBF on related pelagic ecosystem including

bull The impact on Ecologically Related Species (ERS) such as byproduct and bycatch species (including sharks blue and black marlin mahi mahi wahoo and pomfrets) threatened endangered and protected species (such as seabirds turtles and marine mammals) and baitfish

bull The impact on trophic levels and linkages bull Identification and evaluation of appropriate ecological indicators and reference

points and bull Development and evaluation of mitigation measures to reduce impacts

5 Determination of the biological characteristics of the primary ETampBF species including

bull Feeding reproductive biology life history bull Age and growth determination and

332

bull Habitat preferences

6 Evaluation of the biological and economic impact of fisheries interactions both external to and within the ETampBF including

bull Between the ETampBF and other fisheries in the central and western Pacific bull Between the northern central and southern regions of the ETampBF bull Between commercial and recreationalcharter fisheries and bull Between fisheries utilising shared resources such as baitfish

7 Development and evaluation of mitigation measures to reduce the loss of catch by predation 8 Evaluation of measures to optimise resource utilisation of ETampBF resources including

bull Strategic planning bull The aquaculture of ETampBF species and bull Environmental impact considerations

9 Value adding via appropriate post harvest handling and technology bull Primary ETampBF species are yellowfin tuna bigeye tuna broadbill swordfish

striped marlin skipjack tuna and albacore tuna for the commercial sector and yellowfin tuna black marlin blue marlin striped marlin sailfish and spearfish for the recreational sector

Consultation AFMA actively involves a wide range of key stakeholders in the process of developing and implementing fisheries management arrangements This approach is supported by specific consultative processes that are embodied in the Authorityrsquos governing legislation and undertaken as part of good fisheries management practice AFMArsquos legislation specifies the consultative processes that AFMA must undertake with stakeholders when preparing plans of management In particular AFMA is required under Section 17 of the Fisheries Management Act 1991 to maintain a register of interested persons who are to be notified of draft plans of management The Act also requires AFMA to give public notice inviting persons and organisations to have their names and addresses entered on the register Before formally accepting each statutory Management Plan the Minister responsible for fisheries must be satisfied that adequate consultation has taken place and that AFMA has taken account of any representations received AFMA also consults broadly when developing fisheries management policy The manner in which consultation is undertaken depends on the nature and scope of the issues being considered AFMA advertises the availability of documents through newspaper advertisements the AFMA website AFMA Fishing Future publications andor mail outs to persons on various registers maintained by the Authority In most cases documents are available on the AFMA website or can be obtained directly from AFMA AFMA also undertakes client surveys as a means of gathering information to assist the Authority measure its performance The Eastern Tuna and Billfish Fishery Management Advisory Committee (Eastern Tuna MAC) provides the principal forum in which matters relating to the management of the

Appendix A 333

Fishery are considered The AFMA Board has established the following generic Terms of Reference for each Management Advisory Committee (MAC) reflecting the specific needs and priorities within each fishery while maintaining a basic commonality across MACs

1 To provide a forum for the discussion of matters relevant to the management of the fishery and to act as a conduit for the flow of information between all stakeholders eg commercial operators recreational fishing environmental and conservation groups researchers and AFMA

2 To advise and make recommendations to the AFMA Board with respect to the management of the fishery

3 To provide advice and make recommendations to the AFMA Board on i) the development of plans of management ii) on-going measures required to manage the fishery in accordance with the provisions of the plan of management and iii) amendments to the plan of management as required

4 To provide advice and make recommendations to AFMA on research priorities and projects for the fishery and to ensure that processes are in place for industry and other interested stakeholders to receive advice from researchers in a form appropriate to the audience

5 To establish such sub-committees as are required to ensure that the diversity of management issues are given proper attention

6 To liaise with appropriate AFMA staff and provide assistance as necessary to ensure that approved management measures are implemented

7 To undertake on behalf of AFMA and in accordance with policies and delegated functions determined by AFMA such functions as the Authority from time to time determines

Supporting documents and reports

References AFMA submission to DEWHA Assessment report Eastern Tuna and Billfish fishery (September 2003) AFMA DEWHA Assessment Strategic assessment of the Eastern Tuna and Billfish Fishery (March 2005) Australian Government Department of the Environment and Heritage Legislation International legislation

bull United Nations Fish Stocks Agreement which came into force on 11 December 2001

bull United Nations Convention on the Law of the Sea bull Food and Agricultural Organisation of the United Nationrsquos Code of Conduct for

Responsible Fisheries bull Convention on the International Trade in Endangered Species of Wild Fauna

and Flora

334

bull South Pacific Forum fisheries Agency Convention 1979 bull Convention for the Prevention of Pollution from Ships (MARPOL 7378) and bull Bilateral agreements between Japan and Australia regarding the shark bycatch

code of practice and seabird mitigation measures Commonwealth legislation

bull Environment Protection and Biodiversity bull Conservation Act 1999 (EPBC Act) and bull Offshore Constitutional Settlement (OCS)

Management

bull Fisheries Administration Act 1991 The legislative basis for AFMArsquos management

bull of fisheries is the Fisheries Management Act 1991 bull The Eastern Tuna and Billfish Fishery Management Plan 2005 bull ETBF Bycatch Action Plan bull Threat Abatement Plan 1998 bull Agreement between Japan and Australia under the bilateral agreement

regarding the shark bycatch code of practice and bull Agreement between Japan and Australia under the bilateral agreement

regarding seabird mitigation measures Other

bull Annual ETBF Data summaries (200001-200405) AFMA bull Eastern Tuna and Billfish Fishery Five Year Research Plan (2003 ndash 2008)

Research Review and Recommendation Group of Eastern Tuna MAC (April 2003) and

bull Ecological Risk Assessment for the Effects of Fishing Eastern Tuna and Billfish Fishery Longline Sub-fishery Report for the Australian Fisheries Management Authority (2006) Webb H A Hobday J Dowdney C Bulman M Sporcic T Smith I Stobustzki M Fuller D Furlani

Part 2 DEWHA assessment of the fishery The assessment

bull 4Department of the Environment and Heritage Assessment Report (March 2005) bull 4Accreditation of plan of management and declaration pursuant to section 33 (14

April 2006) bull 4Declaration of an approved Wildlife Trade Operation ndash Gazetted on Wednesday

10 August 2005 GN 31 bull 4Accreditation of a Plan of Management for the Purposes of Part 13 (17

December 2005) bull 4Amendment to the List of Exempt Native Specimens ndash Registered Wednesday

10 August 2005 F2005L02277 bull Ministerial Decision and Recommendations

Appendix A 335

bull 4Letter to Senator Abetz Minister for Fisheries Forestry and Conservation ndash April 2006

bull 4Letter to the Australian Fisheries Management Authority ndash April 2006 bull 4Agency submission on ecological sustainability (September 2003) and bull Invitation for comment closed 14 November 2003

DEWHA assessment

Strategic assessment of the Eastern Tuna and Billfish Fishery (March 2005) Australian Government Department of the Environment and Heritage (Overall assessment pgs 6-9)

The material submitted by AFMA indicates that the ETBF under the ETBF MP will operate in accordance with the Guidelines While the Australian commercial fishery is relatively well managed by AFMA DEWHA has identified a number of risks that must be managed to ensure that their impacts are minimised The risks can be categorised into those within the international fishery management framework of the WCPFC (which are outside the capacity or responsibility of AFMA to manage) and those within the domestic fishery Within the international fishery DEWHArsquos concerns are as follows

bull Bigeye tuna is fully fished in the WCPO and while knowledge on stock structures is limited there are possibly two stocks There is no Total Allowable Catch (TAC) or reference point (s) for these stocks

bull Yellowfin tuna is nearing full exploitation in the WCPO but there is tentative indication that the stocks in the western Pacific Ocean are capable of further limited exploitation The stock status is uncertain and stock structure is unknown There is no TAC or reference point (s) for these stocks and

bull Broadbill swordfish status is unknown No formal stock assessment has been conducted and the stock structure is unknown There is concern over the prospect of localised depletion There is no TAC or reference point (s) for these stocks

Other more general concerns with the international fishery relate to bycatch unsustainable fishing methods (such as purse seining for juvenile bigeye and yellowfin tuna around FADs) and poor recording of catch data Australian fishers have expressed a desire for future expansion of the Australian fishery into the wider Pacific Ocean but this prospect is limited While the pressure on the stocks from high seas fishing activities and from Pacific Island States is a major limitation to expansion there are other constraints some of which are economic in nature

Failure by the WCPFC to address high fishing pressures and potentially unsustainable fishing practices on key stocks will ultimately impact on Australiarsquos harvest of any (or all) bigeye tuna yellowfin tuna or broadbill swordfish If the WCPFC is unable to engender commitment and capacity to effectively manage the species under its responsibility and in particular to maintain or if needed rebuild the bigeye andor yellowfin tuna stocks to ecologically sustainable levels Australia may need to consider other measures to provide some protection to these species within the Australian

336

jurisdiction Within the Australian domestic fishery DEWHArsquos concerns are as follows

bull Bigeye tuna ndash the total Australian catch is showing some decline noting that Australian fishers only take a very small amount (~ 08 ) of the total Pacific Ocean catch

bull Yellowfin tuna ndash the total Australian catch has shown a steady increase until the last year when it declined Australian fishers only take a very small amount (~ 05 ) of the total Pacific Ocean catch and

bull Broadbill swordfish ndash total Australian catch has shown a decreasing trend with the Pacific Ocean fishery status basically uncertain Australians only take a small amount (~ 80) of the total Pacific Ocean catch Localised depletion is a possibility

The fishery has significant issues relating to protected species interactions It is known to interact with seabirds marine turtles and cetaceans More observer data is urgently needed to quantify the risk across the full extent of the fishery The fishery will be managed in accordance with relevant recovery plans and threat abatement plans Appropriate mitigation measures need to be developed and introduced as necessary

The nature and amount of bycatch also need to be validated using independent means where possible Also an increasing range of byproduct species are being taken and this raises significant complementary (State and Commonwealth) management issues particularly for pelagic sharks such as blue sharks but also for a range of other species such as inshore demersal shark species rudderfish dolphinfish and escolar oilfish (Noting that sharks are considered both as byproduct and then as bycatch once catch limits are reached)

DEWHA considers that the operation of the fishery is consistent with the objects of Part 13A of the EPBC Act DEWHA therefore recommended that the fishery be declared an approved Wildlife Trade Operation (WTO) The WTO declaration will allow the export of product from the fishery for a period of 3 years The WTO declaration will require annual reporting on the progress of implementing the recommendations of this report and other managerial commitments The implementation of the recommendations will be monitored and reviewed as part of the next DEWHA review of the fishery in 3 years time As the official fishery area encompasses Commonwealth as well as State Territory waters consideration under Part 13 of the EPBC Act is required regarding the impact of the fishery on listed threatened species listed migratory species cetaceans and listed marine species (collectively referred to as protected species) Protected species that could occur in the fishery are listed in Appendix 2 The majority of reports of interactions with protected species relate to seabirds marine turtles and cetaceans There are reports of leatherback and loggerhead turtles being hooked but the majority are recorded as being released alive and vigorous

Appendix A 337

A Threat Abatement Plan (TAP) (Incidental catch (or bycatch) of seabirds during oceanic longline fishing operations) (the Longline Fishing TAP) became effective on 2 August 1998 and requires fishers to operate in accordance with a number of prescriptions relating to permitted gear areas and times The mandatory requirements of the Longline Fishing TAP are reducing the level of take of seabirds but have not yet been totally effective in achieving the longline fishery requisite criterion of reducing seabird captures to 005 birds per 1000 hooks set in all areas and seasons of the fishery The TAP is currently under review The level of interaction between cetaceans and fishing operations is uncertain but only a very few such interactions have been recorded

The Ministerrsquos decision

The Eastern Tuna and Billfish Fishery (ETBF) has been strategically assessed for the purposes of Part 10 of the EPBC Act including against the Terms of Reference ndash Environmental Assessment of the Eastern Tuna and Billfish Fishery and the Australian Government Guidelines for the Ecologically Sustainable Management of Fisheries (the Guidelines) The fishery was also assessed in accordance with the wildlife trade provisions of Part 13A of the EPBC Act and to determine whether the fishery would adversely affect species protected by Part 13 of the EPBC Act

Being satisfied that the management arrangements for the ETBF meet the requirements of Part 13 of the EPBC Act the Delegate of the Minister for the Environment and Heritage accredited the ETBF Management Plan on 17 December 2005 Accreditation will ensure that individual fishers operating in accordance with the management plan are not required to seek permits in relation to interactions with protected species The Minister declared the fishery an approved Wildlife Trade Operation (WTO) under section 303FN of the EPBC Act for a period of 3 years The declaration is subject to the following conditions and recommendations Conditions

1 Operation of the fishery will be carried out in accordance with the Eastern Tuna and Billfish Fishery Management Plan 2005

2 AFMA will inform the Department of the Environment and Heritage of any changes to the Eastern Tuna and Billfish Fishery Management Plan 2005 or other significant policy documents

3 Reports to be produced and presented to the Department of the Environment and Heritage annually and to include

bull A statement of the extent to which the performance criteria of the Eastern Tuna and Billfish Fishery Management Plan 2005 were met in the year and

bull Information sufficient to allow assessment of the progress of AFMA in implementing the recommendations made in the Strategic Assessment of the Eastern Tuna and Billfish Fishery 2005

338

Recommendations 1 Operation of the fishery is to be carried out in accordance with the Eastern Tuna

and Billfish Fishery Management Plan (as determined) including conducting the reviews identified in the Management Plan against an overarching objective of ensuring that the fishery achieves ecological sustainability AFMA to inform DEWHA of any proposed amendment to the management regime for the Eastern Tuna and Billfish Fishery including any significant shift in fishing away from the longline method of fishing to enable DEWHA to evaluate any impact on the ecological sustainability of the fishery

2 AFMA to develop a process and timelines for responding to triggering of performance criteria and reference points

3 AFMA to establish formal consultative mechanisms and subsequently implement research management monitoring and compliance approaches to ensure that there is complementary and appropriate management of species (that could include harvest limits reference points triggers and management responses to breaches) taken in the Eastern Tuna and Billfish Fishery and overlapping State managed fisheries (as either target primary byproduct secondary or bycatch species)

4 DAFF in consultation with AFMA DEWHA and other relevant government agencies must take a proactive role in the early work of the Western and Central Pacific Fisheries Commission (WCPFC) to ensure its effectiveness as the regional fishery management forum for managing and conserving the species on which the Eastern Tuna and Billfish Fishery relies This should include the following priorities

bull Developing management options that address concerns of the Working Groups formed under the WCPFC or the SPC on key target species

bull Endeavouring that the membership of the WCPFC includes all nations taking tuna species in the area of the convention

bull Verifying the catch of all nations both target and bycatch species bull Strengthening stock assessments of key species (with a priority for big

eye tuna and yellowfin tuna which are reportedly lsquofully fishedrsquo in the Pacific and uncertain in the Australian fishery and which may require stock rebuilding objectives to be established)

bull Developing national allocations including a position for establishing Australiarsquos claim for catch of key species noting the status of two of the key target species bigeye tuna and yellowfin

bull Establishing a regime in the Commission to protect ecologically related species and

bull Ensuring unsustainable fishing practices and technologies such as fish aggregating devices are thoroughly evaluated and if necessary phased out

5 AFMA to ensure that the observer program continues to meet domestic and international data and management needs and provide the required information at a statistically robust level

Appendix A 339

6 Within 3 years AFMA will identify and implement management responses to fishing impacts identified from the ecological risk assessment process taking into account known fishing impacts on

bull Species in the fishery listed as protected under the EPBC Act bull Species with low productivity bull Areas of localised depletion and bull Species with increasing levels or significant potential for increased

levels of catch landings 7 AFMA to ensure an effective effort monitoring system is in place to monitor and

manage the effort expended in the fishery from the time of introduction of the Total Allowable Effort

8 AFMA to monitor the impact of technological advancements in the fishery on the ecological sustainability of target byproduct and bycatch species and incorporate any mitigation measures into management as necessary taking account of the impacts of technological advancements in stock assessment and setting the Total Allowable Effort

9 AFMA to analyse the risks and the extent of the localised depletion of swordfish and to develop appropriate management measures to mitigate against any localised depletion as needed

10 AFMA to introduce management measures to reduce the incidence of capture injury and mortality to shark species that are identified in the ERA as being susceptible to fishing pressure

11 AFMA to implement the Tuna and Billfish Longline and Minor Line Bycatch Action Plan (BAP) as required under the Eastern Tuna and Billfish Management Plan (as determined) as a matter of priority and through the actions set in the BAP or through other approaches (egg Directions set under the Fisheries Management Act 1991 regulation or conditions on permits) ensure that the impacts of the fishery on bycatch are minimised and consistent with achieving the objectives of other legislative requirements including

bull All relevant Recovery Plans (such as the Recovery Plan for Grey Nurse Sharks Carcharias taurus in Australia the White Shark (Carcharodon carcharias) Recovery Plan the Recovery Plan for Albatrosses and Giant Petrels and the Recovery Plan for Marine Turtles in Australia)

bull All relevant Threat Abatement Plans (such as Incidental Catch (or By-catch) of Seabirds during Oceanic Longline Fishing Operations) or

bull All relevant National Plans of Action (such as the National Plan of Action for the Conservation and Management of Sharks)

12 AFMA to monitor the compliance of industry with their code of practice and where necessary and appropriate introduce regulatory measures to ensure bycatch is minimised

340

13 Within 3 months of acceptance of the ETBF Management Plan by the Minister for Fisheries Forestry and Conservation AFMA to apply measures commensurate with the prescriptions of the Longline Fishing TAP to the area of the ETBF between 25 and 30oS These measures to remain in place until the new Longline Fishing TAP or interim measures endorsed by the Department in consultation with key stakeholders come into effect

14 AFMA to introduce measures to reduce the incidental capture of marine turtles and to improve the survivability of those that are caught

15 AFMA to ensure that

bull Morphological measurements are taken from turtles caught bull Tagging programs are established to collect data on post release survival bull Genetic samples are taken where possible so that stocks of turtles being

caught may be determined and bull Feedback is provided on modifications to fishing operations or fishing

gear to reduce the likelihood of interactions andor increase the survival rates

Appendix B

341

APPENDIX B REVIEW OF THE MANAGEMENT RESPONSES TO ESD AND EBFM IN AUSTRALIA

Survey analysis and results

The ESDEBFM Survey Background A survey was sent to each jurisdiction to a nominated representative for management research and industry The purpose of the survey was to collect the relevant information to review the current experience and management responses for Fisheries ESD and EBFM in Australia for each jurisdiction This has been endorsed by AFMF and FRDC and will be used to inform future investment in development of tools to support ESDEBFM This survey provided an opportunity for a national snapshot of assessment methods and management responses for Fisheries ESD and EBFM in Australia This is a follow up to the national lsquosnapshotrsquo of experience and approaches regarding ESD (FRDC Project 98168) in 1998 The survey was in 5 sections as below Section 1 provides a background Sections 2 to 4 ask questions regarding experience and management responses for Fisheries ESD and EBFM in Australia for each jurisdiction Section 5 relates to ESDEBFM implementation generally Section 1 Background jurisdiction and role in organisation Section 2 How fisheries management has changed with regard to ESDEBFM from 1998 to 2006 Section 3 Where we are now 2006 Section 4 What needs further development over the next 6 years from 2006 to 2012 Section 5 ESDEBFM provides an opportunity for further comments regarding ESDEBFM implementation across all jurisdictions Technical The survey was conducted via a web based online format The online software used was SurveyMonkeycom which provided results that can then be downloaded into excel software for analysis Limitations on interpreting results There are a number of limitations on the analysis of the survey which need to be considered when interpreting the results A survey was sent to eight jurisdictions (NSW NT QLD SA TAS VIC WA and Commonwealth) to a nominated representative for management research and industry A full response by all nominated participants would represent 24 possible responses However not all nominated jurisdiction representatives for management research and industry were able to respond to the

342

survey and for those that did respond not all questions were answered There may also be an issue of different interpretations of questions by respondents One respondent suggested an onsite workshop would most probably produce a superior result and response This option was originally planned but was amended at the ESD Working Group meeting in October 2006 Under these conditions the multiple choice questions results have been summarised as an overall response by all jurisdictions under the heading of overall and jurisdiction responses under the heading results for all jurisdictions by component presented by number of occurrences For example Question 3 For each year (1998 and 2006) rank progress of incorporating ESDEBFM operational measures into policy planning legislation and management arrangements for environmental economic social and governance components (Fully implemented Partly implemented Planned No progress) Overall

Components 1998 overall for all jurisdictions

2006 overall for all jurisdictions

Trend from 1998 to 2006

Target species Partly implemented Fully implemented From partly to fully implemented (exception NSW still considered partly implemented by 2006)

Results Results for all jurisdictions and types (industry management and research) by number of occurrences

Components 1998 2006 Target species No progress

Planned Partly implemented Fully implemented

0 1

14 0

No progress Planned Partly implemented Fully implemented

0 0 6

10 There is the issue of different interpretation of questions As one respondent suggested an onsite workshop would most probably produce a superior result and response

Section 2 Survey results Section 2 In your jurisdiction how have fisheries management responses changed with regard to ESDEBFM from 1998 to 2006 Question 3 For each year (1998 and 2006) rank progress of incorporating ESDEBFM operational measures into policy planning legislation and management arrangements for environmental economic social and governance components (Fully implemented Partly implemented Planned No progress)

Appendix B

343

Overall

Further progress has been made in incorporating ESDEBFM operational measures into policy planning legislation and management arrangements for environmental economic social and governance components for the period 1998 to 2006 as highlighted by the figures below In 1998 all components were considered as having partly implemented operational measures even though levels of progress varied All components had some aspects that were considered at the planned or no progress stage Only the economic component was considered as making some progress towards being fully implemented By 2006 all components (except for the social) showed a shift towards being fully implemented with the target species component showing the most progress For components where incorporation of operational measures are considered partly implemented these show an increase and similar progress There has been a significant shift for components that consider progress as only planned or where no progress has been made with only some aspects of the habitat communityecosystems economic and social components being considered to be in these categories

1998 progress incorporating ESDEBFM operational measures

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344

2006 Progress incorporating ESDEBFM operational measures

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ress

No progress Planned Partly implemented Fully implemented

The figure below provides a comparison of progress in incorporating ESDEBFM operational measures for components from 1998 to 2006 This information was derived by a weighted sum of those components considered fully implemented partly implemented planned or no progress for each year (a relative weighting of levels) This demonstrates the overall progress made from 1998 to 2006 By 2006 progress for the byproduct bycatch TEPs species and governance components were similar and closer to the level of progress made for the target species component The next level of progress was for habitat communityecosystems economic and social components which as a group were at similar levels

Incorporation of ESDEBFM operational measures progress from 1998 to 2006

05

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19982006

Appendix B

345

Comments on variations

By role of respondent A variation within and across all jurisdictions for both years was between research and management views on levels of implementation The majority (14 out of 23 occurrences) of research responses considered implementation to be not as far advanced as management responses For example research responses viewed implementation as planned and management as partly implemented or research responses viewed implementation as partly implemented and management as fully implemented

By component For all jurisdictions the overall progress of incorporating ESDEBFM operational measures by component are presented in the table below Where the overall progress for components from 1998 to 2006 remains the same for example byproduct and bycatch species and governance progress is reported as partly implemented for both years this does not necessarily mean a static situation as can be seen from the figures above

Components 1998 overall for all jurisdictions

2006 overall for all jurisdictions

Target species Partly implemented Fully implemented Byproduct species Partly implemented Partly implemented Bycatch species Partly implemented Partly implemented Threatened and Endangered species

Planned Partly implemented

Habitat Partly implemented Partly implemented Communitiesecosystems No progress Partly implemented Economic No progress Partly implemented Social No progress Partly implemented Governance Partly implemented Partly implemented

Results Results for all jurisdictions and types (industry management and research) by number of occurrences for the following reasons A survey was sent to each jurisdiction (eight jurisdictions) to a nominated representative for management research and industry (representing 24 possible responses However not all nominated jurisdiction representatives for management research and industry were able to respond to the survey and for those that did respond not all questions were answered

Components 1998 2006 Target species No progress

Planned Partly implemented Fully implemented

0 1

14 0

No progress Planned Partly implemented Fully implemented

0 0 6

10 Byproduct species No progress

Planned Partly implemented Fully implemented

1 3

11 0

No progress Planned Partly implemented Fully implemented

0 0

14 2

Bycatch species No progress Planned Partly implemented

1 7 7

No progress Planned Partly implemented

0 0

13

346

Components 1998 2006 Fully implemented 0 Fully implemented 3

Threatened and Endangered species

No progress Planned Partly implemented Fully implemented

3 9 3 0

No progress Planned Partly implemented Fully implemented

0 0

13 3

Habitat No progress Planned Partly implemented Fully implemented

4 5 6 0

No progress Planned Partly implemented Fully implemented

1 2

12 1

Communitiesecosystems No progress Planned Partly implemented Fully implemented

7 5 3 0

No progress Planned Partly implemented Fully implemented

0 5

10 1

Economic No progress Planned Partly implemented Fully implemented

6 4 4 1

No progress Planned Partly implemented Fully implemented

1 1

12 1

Social No progress Planned Partly implemented Fully implemented

10 2 3 0

No progress Planned Partly implemented Fully implemented

2 4

10 0

Governance No progress Planned Partly implemented Fully implemented

2 2

11 0

No progress Planned Partly implemented Fully implemented

0 0

13 3

Question 4 For each year (1998 and 2006) indicate where performance indicators and benchmarks wereare being used for environmental economic social and governance components (All Some None)

Overall

An increasing number of performance indicators and benchmarks are being used for the environmental economic social and governance components for the period from 1998 to 2006 as outlined by the figures below Generally in 1998 use of performance indicators and benchmarks was reported at none or only some for components By 2006 indicators and benchmarks were reported at all for components although at low levels with majority still reporting at some

Appendix B

347

1998 use of performance indicators and benchmarks

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Components

Used

None Some All

2006 use of performance indicators and benchmarks

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Components

Use

d

None Some All

The figure below provides a comparison of use of performance indicators and benchmarks for components from 1998 to 2006 This information was derived by a weighted sum of those components considered using none some or all for each year (a relative weighting of levels) This demonstrates an overall increase in use from 1998 to 2006 By 2006 use of performance indicators and benchmarks had increased for all components although there were variations between components With highest use for target and byproduct species components followed by bycatch TEPs and governance as a group then habitat and communityecosystems and then economic and social components

348

Use of performance indicators and benchmarks from 1998 to 2006

05

1015202530354045

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Bycatc

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Habitat

Commecos

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Econom

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Socia l

Govern

ance

19982006

Comments on variations

By role of respondent A variation within and across all jurisdictions for both years was between research and management views on levels on levels of use of performance indicators and benchmarks The majority (14 out of 25 occurrences) research considered implementation to not be as far advanced as management For example research considered none used and management considered some used or research considered some used and management considered fully all used By component For all jurisdictions the overall use of performance indicators and benchmarks by component are presented in the table below Where the overall use of performance indicators and benchmarks from 1998 to 2006 remains the same for example byproduct and bycatch species as some used this does not necessarily mean a static situation as highlighted in the above figures

Components 1998 overall for all jurisdictions

2006 overall for all jurisdictions

Target species Some Some Byproduct species

Some Some

Bycatch species

None Some

Threatened and Endangered species

None Some

Habitat None Some Communitiesecosystems

None Some

Appendix B

349

Components 1998 overall for all jurisdictions

2006 overall for all jurisdictions

Economic None Some Social None Some Governance None Some

Results Results for all jurisdictions and types (industry management and research) by number of occurrences for the following reasons A survey was sent to each jurisdiction (eight jurisdictions) to a nominated representative for management research and industry (representing 24 possible responses However not all nominated jurisdiction representatives for management research and industry were able to respond to the survey and for those that did respond not all questions were answered Results

Components 1998 2006 Target species None

Some All

0 14

1

None Some All

0 7 8

Byproduct species None Some All

5 10

0

None Some All

0 10

6 Bycatch species None

Some All

9 6 0

None Some All

1 13

2 Threatened and Endangered species

None Some All

8 7 0

None Some All

0 14

2 Habitat None

Some All

10 4 0

None Some All

4 10

1 Communitiesecosystems None

Some All

12 2 0

None Some All

5 9 1

Economic None Some All

9 5 0

None Some All

5 8 2

Social None Some All

12 2 0

None Some All

7 7 1

Governance None Some All

7 6 1

None Some All

4 7 4

Question 5 For each year (1998 and 2006) what wasis the level of confidence in managing the environmental economic social and governance components under ESDEBFM principles (High Medium Low)

350

Overall

An increasing level of confidence in managing the environmental economic social and governance components under ESDEBFM principles was reported from 1998 to 2006 as outlined in the figures below Overall in 1998 low to medium confidence predominated but by 2006 this had shifted to medium to high confidence However there was only medium confidence for the communityecosystems and social components For those components that reported high confidence the target species component as might be expected had the greatest level of confidence followed by byproduct species governance habitat bycatch and TEPs species and economic components

1998 levels of confidence in managing the components under ESDEBFM principles

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Components

Conf

iden

ce

Low Medium High

2006 levels of confidence in managing the components under ESDEBFM principles

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Components

Conf

iden

ce

Low Medium High

Appendix B

351

The figure below provides a comparison of levels of confidence in managing the components under ESDEBFM principles from 1998 to 2006 This information was derived by a weighted sum of those components considered low medium or high confidence for each year (a relative weighting of levels) This demonstrates the overall increase in levels of confidence from 1998 to 2006 By 2006 levels of confidence had increased for all components although there were variation in levels between components with least confidence for the communityecosystems and the social components

Levels of confidence in managing the components under ESDEBFM principles from 1998 to 2006

05

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19982006

Comments on variations

By component For all jurisdictions the overall levels of confidence in managing the components under ESDEBFM principles is presented in the table below Where the level of confidence in managing the components under ESDEBFM principles components from 1998 to 2006 remains the same for example bycatch species communitiesecosystems social and governance this does not necessarily mean a static situation as highlighted by the histograms above

Components 1998 overall for all jurisdictions

2006 overall for all jurisdictions

Target species Medium High Byproduct species

Medium Medium

Bycatch species

Low Medium

Threatened and Endangered species

Low Medium

Habitat Low Medium

352

Components 1998 overall for all jurisdictions

2006 overall for all jurisdictions

Communitiesecosystems

Low Low

Economic Low Medium Social Low Low Governance Medium Medium

Results Results for all jurisdictions and types (industry management and research) by number of occurrences for the following reasons A survey was sent to each jurisdiction (eight jurisdictions) to a nominated representative for management research and industry (representing 24 possible responses However not all nominated jurisdiction representatives for management research and industry were able to respond to the survey and for those that did respond not all questions were answered

Components 1998 2006 Target species Low

Medium High

2 10

3

Low Medium High

0 2

13 Byproduct species Low

Medium High

7 8 0

Low Medium High

0 9 6

Bycatch species Low Medium High

13 2 0

Low Medium High

2 12

2 Threatened and Endangered species

Low Medium High

10 5 0

Low Medium High

1 12

2 Habitat Low

Medium High

10 5 0

Low Medium High

6 6 3

Communitiesecosystems Low Medium High

14 1 0

Low Medium High

10 6 0

Economic Low Medium High

11 4 0

Low Medium High

6 9 1

Social Low Medium High

14 1 0

Low Medium High

10 5 0

Governance Low Medium High

6 8 1

Low Medium High

2 10

4 Question 6 Wasis the level of confidence in managing environmental economic social and governance components under ESDEBFM principles different across your major fisheries

Appendix B

353

Overall

Overall confidence in managing environmental economic social and governance components has increased since 1998 However there are differences in levels of confidence between these components Generally by 2006 there was greater confidence in managing target species followed by byproduct species governance bycatch species and TEPs habitat economics communitiesecosystems and social The habitat and communityecosystem components are taken into account in decision making but are more likely to be based on qualitative information Economic information is collected but approach and analysis in management decisions varies Much less information is collected and used for managing the social component There is confidence in the governance component but the development of performance indicators is considered difficult

Comments on variations

There were perceived differences across major fisheries within and between jurisdictions regarding the level of confidence in managing environmental economic social and governance components under ESDEBFM principles In general these differences related to the level of research and information available which tends to be associated with higher value fisheries which have the capacity ($) to collect such information Other differences reported included perceived benchmark differences between trawl fisheries and other types of fisheries and that recreational fisheries are not managed or assessed on a regular basis Commonwealth management considered there were no differences in the level of confidence they have in managing the various components under ESDEBFM principles which are generally consistent across major fisheries However there are differences in terms of the supporting data and amount of management focus that is applied across our minor fisheries

Section 3 Survey results Section 3 In your jurisdiction where are you now in 2006 Question 7 Which of the following assessment and management tools (ESD reporting framework risk assessment qualitative assessment quantitative assessment indicators benchmarks decision rules harvest strategies EMS) are being used

Overall

Overall for all jurisdictions in 2006 the use of assessment and management tools is represented by the figure below

354

2006 assessment and managment tools being used

02468

10121416

ESD repo

rting f

ramework

Risk as

sess

ment

Qualita

tive as

sess

ments

Quanti

tative

asse

ssments

Indica

tors

Bench

marks

Decision r

ules

Harvest

strate

gies

EMS

Comments on variations

By type (assessment and management tools) Overall for all jurisdictions in 2006 the use of assessment and management tools is ranked in the table below(from most to least)

By components (environmental economic social governance) Overall for all jurisdictions in 2006 the figure below outlines the use of assessment and management tools in managing components Highest use of assessment and management tools is for the target species component This is followed by the byproduct bycatch and TEPs species components where use is lower but at a similar level and next are the habitat communityecosystems and economic components as a group With least use of assessment and management tools for the social and governance components

Risk assessment

Qualitative assessment

ESD reporting framework

Quantitative assessment

Indicators

Benchmarks

EMS

Decision rules

Harvest strategies

9 9 8 7 7 5 5 4 2

Appendix B

355

2006 assessment and managment tools used by component

0

2

4

6

8

10

12

14

16

Taget s

p

Byprod

cut s

p

Bycatc

h sp

TEPs

Habitat

Commecos

ystem

s

Econom

ic

Social

Govern

ance

Question 8 List any other assessment and management tools being used for Environmental Economic Social and Governance components In 2006 other tools listed under development or in use included the following

bull Development of codes of practice and conduct bull Development of co-management processes bull Fishery management plans and bull Formal sharing arrangements between commercial and recreational fisheries

Question 9 How useful is your current ESDEBFM reporting framework for Fisheries management EPBC requirements Regional marine planning (State) and Regional marine planning (Commonwealth)

Overall

In 2006 the overall response from jurisdictions suggests that management and research consider their current ESDEBFM reporting framework to be very useful for fisheries management EPBC requirements but less so for regional marine planning (State) and not for regional marine planning (Commonwealth) In contrast the industry response considered current ESDEBFM reporting framework for Fisheries management EPBC requirements Regional marine planning (State) as only somewhat useful and Regional marine planning (Commonwealth) not very useful

356

Component Fisheries

management EPBC requirements

Regional marine planning State

Regional marine planning Commonwealth

All jurisdictions Very useful Very useful Somewhat Not very Management Very useful Very useful Somewhat useful Not very useful Research Very useful Very useful Somewhat useful Somewhat useful Industry Somewhat useful Somewhat useful Somewhat useful Not very useful Question 10 What improvementsapproaches to reporting frameworks would you recommend for fisheries management EPBC requirements Regional marine planning (State and Federal)

Overall

Overall the recommend improvementsapproaches to reporting frameworks for fisheries management EPBC requirements Regional marine planning (State and Federal) can be categorised under processframeworks reporting tools DEWHA process and other shared stocks (collated from the survey) Processframeworks

bull Coordinated approach ndash use of similar process and framework by agencies bull Adoption of a single reporting framework would simplify reporting

requirements However the streamlining of reporting should not come at the cost of innovation

bull Processes and framework that meets fisheries management EPBC requirements and Regional marine planning

bull Integrate fisheries ESD research and management with regional marine planningMPAs

bull Need to integrate fisheries ESD research and management with regional marine planningMPAs

bull Flexibility use some parts of the framework or parts of different systems and bull Gaining a consistent reporting framework which can meet the needs of these

various requirements is essential Given the level of effort already required in managing fisheries ensuring that a reporting framework facilitates using the one process to inform and report to a number of requirements is a must Ensuring there is consistency in the reporting frameworks across jurisdictions will also become paramount as we move into a broader regional cross jurisdiction management focus These reporting frameworks do not need to be the same but need to be consistency so that they can inform each other to improve overall ecosystem management Further efforts by DEWHA and AFMF in 2006 to align the requirements of Strategic Assessments with standard ESD reporting mechanisms are also very useful and should continue to be actively supported by all parties The ESD reporting framework developed and promoted under the FRDC ESD subprogram along with other initiatives in pursuit of EBFM have

Appendix B

357

played a role in providing a common understanding across jurisdictions which has allowed some flexibility for jurisdictions to pursue different risk assessment methodologies etc (Commonwealth management)

Reporting

bull Better integration (indicators being reported on timing of reports) with State of Environment (SoE) reporting at various levels (national State and Regional Local Authority)

bull Better reporting of research outcomes in support of EPBC reporting process and bull Improved TEPs reporting

Tools

bull Improved risk assessment for each fishery as part of EPBC reporting and marine planning process

DEWHA process

bull Fisheries Management EPBC Requirements the Department of Environment and Heritage (DEWHA) needs to place greater consideration on individual fishery characteristics when conducting assessments For instance the NT has a number of characteristics that set it apart from the fisheries within other states ie large geographical area low licence numbers and significant area for expansion of many fisheries These characteristics seem to be often overlooked or misrepresented in any DEWHA assessment of the fishery Another point to note is that DEWHA recommendations that are imposed on some fisheries may not actually focus on the key sustainability areas within that fishery Perhaps a better approach is for local jurisdictions to have a greater input into the early development of DEWHA recommendations In doing so we may avoid conducting lsquounnecessaryrsquo research and instead focus the research effort on key sustainability areas within a fishery as determined by stateterritory researchers Regional Marine Planning It is important that Regional Marine Planning Boards acknowledge the DEWHA assessment of a fishery when determining Marine Park Zones For example a fishery assessed as ecologically sustainable under the EPBC Act may still have onerous restrictions placed on its area of operation within a marine park Additionally the planning process will need to recognise the sustainable fisheries management arrangements that are developed as part of any OCS agreement

bull Coordination and complementary reporting to prevent duplication Risk-based approach to improve efficiency For example no change since previous assessment therefore low risk therefore only low level reporting for EPBC Act Simplify and provide better examples ndash particularly for social and economic analysis and

bull Establish regular recreational assessments Improved risk assessment for each fishery as part of EPBC reporting and marine planning process Better reporting of research outcomes in support of EPBC reporting process Improved TEPs reporting sue early 2007

358

Other (shared stocks)

bull Reporting for shared stocks across jurisdictions and bull Coordination would be the most useful approach Currently states and the

Commonwealth report separately on shared stocks and many use different approaches Many species are fished in different jurisdictions and have different management regimes depending on whether they have crossed a boundary between State to State or State to Commonwealth waters Currently there is no incentive to get people together In the late 80s early 90s there were sub-committees of the southeast fisheries that facilitated sector (egg abalone lobster etc) meeting to discuss collaborative arrangements

Results Suggested improvements included the following

bull Coordinated approach ndash use of similar process and framework by agencies bull Adoption of a single reporting framework would simplify reporting

requirements However the streamlining of reporting should not come at the cost of innovation

bull Processes and framework that meets fisheries management EPBC requirements and Regional marine planning

bull Reporting for shared stocks across jurisdictions bull Coordination would be the most useful approach Currently states and the

Commonwealth report separately on shared stocks and many use different approaches Many species are fished in different jurisdictions and have different management regimes depending on whether they have crossed a boundary between State to State or State to Commonwealth waters Currently there is no incentive to get people together In the late 80s early 90s there were sub-committees of the southeast fisheries that facilitated sector (egg abalone lobster etc) meeting to discuss collaborative arrangements

bull Better integration (indicators being reported on timing of reports) with State of Environment (SoE) reporting at various levels (national State and Regional Local Authority)

bull Integrate fisheries ESD research and management with regional marine planningMPAs

bull Improved risk assessment for each fishery as part of EPBC reporting and marine planning process

bull Better reporting of research outcomes in support of EPBC reporting process bull Improved TEPs reporting bull Fisheries Management EPBC Requirements the Department of Environment and

Heritage (DEWHA) needs to place greater consideration on individual fishery characteristics when conducting assessments For instance the NT has a number of characteristics that set it apart from the fisheries within other states ie large geographical area low licence numbers and significant area for expansion of many fisheries These characteristics seem to be often overlooked or misrepresented in any DEWHA assessment of the fishery Another point to note is that DEWHA recommendations that are imposed on some fisheries may not actually focus on the key sustainability areas within that fishery Perhaps a

Appendix B

359

better approach is for local jurisdictions to have a greater input into the early development of DEWHA recommendations In doing so we may avoid conducting lsquounnecessaryrsquo research and instead focus the research effort on key sustainability areas within a fishery as determined by stateterritory researchers Regional Marine Planning It is important that Regional Marine Planning Boards acknowledge the DEWHA assessment of a fishery when determining Marine Park Zones For example a fishery assessed as ecologically sustainable under the EPBC Act may still have onerous restrictions placed on its area of operation within a marine park Additionally the planning process will need to recognise the sustainable fisheries management arrangements that are developed as part of any OCS agreement

bull Coordination and complementary reporting to prevent duplication Risk-based approach to improve efficiency For example no change since previous assessment therefore low risk therefore only low level reporting for EPBC Act Simplify and provide better examples ndash particularly for social and economic analysis

bull Establish regular recreational assessments Improved risk assessment for each fishery as part of EPBC reporting and marine planning process Better reporting of research outcomes in support of EPBC reporting process Improved TEPs reporting sue early 2007

bull Need to integrate fisheries ESD research and management with regional marine planningMPAs

bull Flexibility use some parts of the framework or parts of different systems bull The present ESD risk assessment method is probably now outdated and could be

replaced with more recentimproved methods and bull Gaining a consistent reporting framework which can meet the needs of these

various requirements is essential Given the level of effort already required in managing fisheries ensuring that a reporting framework facilitates using the one process to inform and report to a number of requirements is a must Ensuring there is consistency in the reporting frameworks across jurisdictions will also become paramount as we move into a broader regional cross jurisdiction management focus These reporting frameworks do not need to be the same but need to be consistency so that they can inform each other to improve overall ecosystem management Further efforts by DEWHA and AFMF in 2006 to align the requirements of Strategic Assessments with standard ESD reporting mechanisms are also very useful and should continue to be actively supported by all parties The ESD reporting framework developed and promoted under the FRDC ESD subprogram along with other initiatives in pursuit of EBFM have played a role in providing a common understanding across jurisdictions which has allowed some flexibility for jurisdictions to pursue different risk assessment methodologies etc(Commonwealth management)

Question 11 Duplication of processes what if any are the issues of fitoverlapduplication between fishery policy initiatives bioregional plans Commonwealth and State processes

360

Overall

Overall there are issues of fitoverlapduplication between fishery policy initiatives bioregional plans Commonwealth and State processes (collated from the survey) Fit

bull Better interaction and synchronization between fisheries management planning and review timetables and marine parks planning and zoning review including Commonwealth regional marine planning

bull Better integration of aquatic protected species management arrangements between jurisdiction

bull To date there is little evidence of any integration of fisheries and regional state marine planning and park processes)

bull Poor integration of fisheries ESD research and management with regional marine planningMPAs

bull Ability to fit State processes with EPBC requirements and bull The fit of processes between state and Commonwealth fisheries EBFM

initiatives and reporting frameworks has generally been streamlined effectively under the ESD framework Given the different management legislation policies and focus between the Commonwealth and State there is in many parts a variation in the emphasis placed on aspects of ESD (for example more direct emphasis by the states on social aspects compared to the Commonwealth) The variation in reporting frameworks for ESDEBFM results in a different lsquofitrsquo across the ecosystem Across all jurisdictions the reporting systems appear to vary in terms of the components it covers and where they apply to the same component the level of detail or rigor in the assessment and reporting While this variation arises due to the varying requirements of individual jurisdictions it only becomes an issue when attempting to compare reporting or when fisheries arrangements are being implemented in one jurisdiction but not in neighbouring jurisdictions Although we have some experience from the South East Marine Region it is yet to be seen how the different processes adopted by the various jurisdictions will fit together during the next stage of Bioregional Marine Planning which has commenced in all remaining Commonwealth waters around Australia

Overlap

bull There are overlaps between processes such as environmental approvals between EPA and ESD framework for aquaculture ventures This results in duplicate reporting requirements Both Commonwealth and State Marine bioregional plans are being undertaken at the same time both will require industry involvement and duplication is expected to occur

bull Overlaps between state and Commonwealth planning processes and bull Overlap between marine planning and fisheries management processes

Duplication

bull A fishery that is assessed as ecologically sustainable under the EPBC Act could have onerous restrictions placed on it when formulating bioregional plans ie closed areas to protect biodiversity This situation essentially means that the

Appendix B

361

fishery undergoes a double assessment process Perhaps the real problem is not lsquoduplication of processes but rather a lack of acknowledgement of the DEWHA assessment in the planning process and

bull An interesting follow up would be to identify what if any other issues of fitoverlapduplication between fishery policy initiatives bioregional plans Commonwealth and State processes besides those outlined below and which are generic and which are particular to individual jurisdictions This would then provide input to further improvementsapproaches to reporting frameworks for fisheries management EPBC requirements Regional marine planning (State and Federal) as recommended in Question 10 above and Question 12 below

Other

bull I think there is inadequate communication between the jurisdictions If there was more communication it would be easier to identify and discuss the issues

bull Our reporting against Management Plan Performance Indicators covers much of the territory under EPBC Be good if we had consistency of thought and objectives particularly when linking to MPA processes and

bull MSC approval should lead to automatic EPBC Act approval for export accreditation Need to align ESD reporting (biological component) with EPBC Act approval Need to provide a solution in order to reduce the cost burden to stakeholders

An interesting follow up would be to identify what if any other issues of fitoverlapduplication between fishery policy initiatives bioregional plans Commonwealth and State processes besides those outlined below and which are generic and which are particular to individual jurisdictions This would then provide input to further improvementsapproaches to reporting frameworks for fisheries management EPBC requirements Regional marine planning (State and Federal) as recommended in Question 10 above and Question 12 below Question 12 Provide recommendations for streamlining processes and reducing duplication

Overall

Queensland suggested that a national forum for ESDEBFM would bring together the people working in this discipline streamlining communication identify gaps and overlap This approach could be a useful approach for discussing and incorporating the recommendations for streamlining processes and reducing duplication as outlined below under results (collated from the survey) Results

bull Consistency between Fisheries legislation and Commonwealth legislation along with clearly defined ESD processes A single document such as an EMS should be able to be used for all processes and adequately cover all relevant issues

bull Regional planning should be consistent with endorsement of management arrangements under the EPBC Act as well as being consistent with localstate sustainable management practices

362

bull Annual fishery status reporting to meet requirements for SoE reporting as well as DEWHA EPBC assessment requirements Closer alignment of fisheries performance indicators with revised SoE indicators

bull A National forum for ESDEBFM would bring together the people working in this discipline streamlining communication identify gaps and overlap

bull Better linkagesintegration of legislation administration and research bull Fisheries management processes must be opened up to include State or

Commonwealth environment agencies so they better understand fisheries control and the benefits of current management arrangements These processes are exclusive of each other at present and a truly integrated process must occur to minimise fishery impacts and costs There needs to be improved information to the EPBC so it understands the ecosystem interactions where they exist

bull EPBC legislation shouldnt be used to manage fisheries Second assessments should be a refinement of the first round not a reinvention of them

bull Invest in regional sub-committees that cover the entire ecosystem or species range

bull Set outcome based objectives first complete risk analysis against those objectives Then develop strategies to meet objectives against risk ie do not start with a strategy (MPAs) and then look to find the objective and

bull Further efforts by DEWHA and AFMF in 2006 to align the requirements of Strategic Assessments with standard ESD reporting mechanisms are very useful and should continue to be actively supported by all parties

Section 4 Survey results Section 4 In your jurisdiction what needs further development over the next six years from 2006 to 2012 in order to better implement ESDEBFM Question 13 What are the key issueschallenges for implementation of ESDEBFM (environmental economic social governance ndash comment on each separately)

Summary

The key issueschallenges for implementation of ESDEBFM for the environmental economic social and governance components and other important points (collated from the survey) are outlined below

bull Environmental data and information needs regarding target byproduct bycatch and TEP species habitat and community components and further research for understanding the interactions between them

bull Economic identify economic issuesimpacts requiring management data collection and analysis for the development of useful management objectives performance indicators benchmarks and monitoring

bull Social identify social issuesimpacts that need to be considered data collection and analysis for development of meaningful management objectives indicators benchmarks and monitoring and

bull Governance resources for rationalisation and streamlining of governance arrangements and processes to support management and compliance and to also

Appendix B

363

ensure that the environmental economic and social components can be managed effectively within Australia

Other important challenges and points

bull Recognitionof the differences between large high value fisheries and smaller lower value fisheries The identification of differing needs and relative levels of complexity risks and impacts different fisheries pose

bull Balance between the varied environmental economic social and governance objectives

bull Regional assessments that integrate across all fishing activities and can link to the broader marine planning activities

bull How to accommodate different stakeholder perspectives and achieve equitable funding and resource allocation to meet the different needs

bull All fishery sectors to be considered and bull Improved understanding of the risks associated with issues external to the

standard biological approach for the target species (eg globalisation fuel climate change etc) is needed

Question 14 What management and assessment tools will you need to be available and in routine use by 2012 (environmental economic social governance ndash comment on each separately)

Summary

The management and assessment tools needed to be available and in routine use by 2012 for the environmental economic social governance components (collated from the survey) are as follows

Environmental

bull Cost effective environmental indicators bull Routine monitoring of target species and key habitats and ecosystem indicators bull A program for monitoring environmental changes and linking these with fishery

performance indicators bull Qualitative and quantitative models that capture some of the behaviour of the

system and use a range of data sources Also need long-term data sets from which to understand change and the processes that underpin observed patterns

bull Risk assessments quantitative studies identification of indicators performance measures and reference pointslimits (ie decision rules) and review of triggers

bull Effective methodology and supporting data to assess and manage the ecological risks associated with marine biological communities

bull Effective methodology and supporting data to take current risk assessments for species from relative risk to a better understanding of absolute (or actual) risk and

bull Effective and complementary cross jurisdictional risk assessment methodology and management for species found across fisheries (ie cumulative impact)

364

Economic

bull Economic data to reflect full picture (ie flow on costs employment in other sectors and final value of product at the restaurant)

bull A key suite of economic indicators and key aspects for the successful implementation of EBFM

bull Tools that allow economic assessment of complex fisheries ecosystems (recreational + commercial + indigenous + lsquoconservationrsquo)

bull Economic assessment techniques which are efficient and robust bull More effective economic assessment economic risk assessment and analysis

and economic management tools that can be applied consistently across all fisheries (and across different jurisdictions) and

bull Regular economic status reports showing the economic status of each of AFMArsquos fisheries

Social

bull Tools for comparing the value of fisheries resources across the commercial and recreational sectors to support objective policy decisions regarding resource allocation

bull Development of a uniform tool to measure social impacts during change bull National social impact assessment tools and bull Social risk assessment and evaluation

Governance

bull Adequate reporting bull Benchmarks for ESD bull Harvesting strategies implemented in the major fisheries bull Difficulties at present are related to habitat and community components and

social impacts Need useful tools in these areas that relate to fisheries management

bull Frameworks for managing fisheries in the context of increasing allocation shifts (commercial recreational conservation and indigenous) and external impacts including climate change and IUU fishing scenarios and

bull Review of the OCS arrangements that can effectively deal with all key species and allow them to be managed on an EBFM basis

Other important points regarding management and assessment tools

bull A range of assessment tools are required for fisheries and consideration of the varied levels of available information and research undertaken for the different fisheries

bull Simplified management strategy evaluation tools for use by fishery managers bull Performance indicators for all objectives and mechanism for ensuring balance

between objectives bull Regular recreational surveys bull EMS for all major fisheries and recognition of these tools by government as a

key management tool

Appendix B

365

bull Improved decision making models to ensure an open and transparent decision making process

bull Tools to address the cumulative impacts for bioregional planning bull Cost effective assessments that can report on the status of ecosystems at a

regional level Management systems to more efficiently reallocate resource access

bull Qualitative models that can simply integrate across all elements of ESD to provide advice on marine resource management and allocation issues and

bull Risk assessments quantitative studies identification of indicators performance measures and reference pointslimits (ie decision rules) economic social and governance probably have similar requirements

Question 15 Identify possible bottlenecks for successful implementation of ESDEBFM (list in order of most critical to least)

Summary

A number of possible bottlenecks were identified which are likely to affect the successful implementation of ESDEBFM These are categorised under the following headings funding and associated costs resources and people governancemanagement systems and the EBFM framework and datainformationresearch needs These bottlenecks (collated from the survery) are outlined below

Funding and associated costs

bull Lack of government funding and expectation on industry to pay (with current industry members investing for effects which may not be seen for future users)

bull Increased costs capacity to pay and willingness of governments to recover costs from all industry sectors especially for low value commercial and recreational fisheries

bull Lack of government funding for the co-management processes bull Lack of government funding for regular recreational management monitoring

and compliance bull Lack of government funding for core research bull Cost of research given government mandated research provider bull Industry reluctancelack of support in the cost recovery climate and bull Funding and political support to generate the necessary data tools and

management processes to further develop EBFM

Resources and people

bull The lack of staff working in the field may inhibit implementationinnovation bull Insufficient capacity amongst fishery managers bull Time and energy to focus all the right people into implementing the systems

already developed (ie people are already busy and it is hard to get all the required people to focus long enough to get real progress) ndash gaining momentum and urgency to change

bull Change fatigue in fisheries ndash there has been a lot of management change in recent years in all jurisdictions and stakeholders may be resistant to further change or lack the motivation to make EBFM a continuing priority or be

366

unable to fund the necessary changes given the economic state of many fisheries and

bull High expectations placed on industry by stakeholders in regard to various impacts

Governancemanagement systems and the EBFM framework

bull Poor legislation and policy bull Lack clear allocation and shares between fisheries sectors bull Mismatch in the spatial and temporal scales at which environmental economic

social and governance systems operate and are measured bull Challenges of interjurisdictional (including international) collaborative fisheries

ecosystem-based management and assessment of shared stocks bull Separation of marine planning and fisheriesaquaculture ESD administration and

research bull Recognition of the EBFM process as the framework for fishery management

planning bull Lack of understanding of the key frameworks by fisheries management staff

local interpretations affect the consistency of processes bull Documentation of policy development and performance measures for all areas

of EBFM Realistic indicators for ecosystem performance bull The major bottleneck is the lack of vision by most managers whose backgrounds

are primarily biological rather than multi-disciplinary bull The governance structures both within and across departments agencies and

jurisdictions clarity on the scope and objectivesoutcomes to be achieved ndash particularly at whole of government level and

bull Jurisdictional differences in implementing EBFM particularly when implementing different levels of action on the samesimilar species habitats or communities

Datainformationresearch needs

bull Developing acceptable reference points for interactions with TEP species and gaining public confidence in data collected from the fishery

bull Lack of information and need for quantitative studies to fill gaps in information feeding into risk assessments Quantitative studies to determine indicators and performance measures

bull The need for clarity of terminology as the terms ESD and EBFM are now often being used interchangeably This may lead to some confusion particularly with fisheries stakeholders and it would be useful to get an agreed understanding of this terminology across jurisdictions

bull An understanding of the importance of a multi-disciplinary approach that includes economic and social research in addition to environmental In the environmental area there is a need for a greater understanding of physical as well as biological processes and

bull Good social and economic data

Appendix B

367

Question 16 Identify cost implications of implementing ESDEBFM for fisheries (both time and $)

Summary

A range of time and cost ($) implications were identified regarding implementing ESDEBFM for fisheries which affect research management and industry (collated from the survey)

Research

bull Researchers have insufficient resources to achieve their current workload let alone take on additional tasks of ESDEBFM researchanalysis and reporting The demand for traditional single species assessment advice remains We either need more staff less tasks simplified processes and innovation to better involve researchers in other disciplines

bull To develop appropriate multi-disciplinary teams in many of the agencies and institutes there needs to be an injection of capital for employment or a re-direction if resources are to be moved away from biological towards social and economic components It is unlikely that this can be achieved within the various state agencies and universities due to their small size Amalgamation of groups needs to be achieved with certain groups focused on the different aspects of ESDEBFM across all jurisdictions That is each stateuniversity is unlikely to have its own fisheries economist oceanographer sociologist etc There needs to be incentives for bringing different disciplines together even within the environmental arena such as physical (oceanography and habitat) as well as biological

bull Research costs associated with improving knowledge of ecosystem function to allow comprehensive quantitative risk assessment in complex multispecies fisheries

bull Suggest EBFM costs two to three times the cost of a basic single species stock assessment and

bull It has to be done without raising the overall level of resources required beyond about 10-15 Again getting over the initial hurdle of initiating these systems the start up costs are always more than the ongoing costs

Management

bull Example full time equivalent fisheries manager ndash $85 000 per annum 15 x full time equivalent research scientist ndash $135 000 per annum 15 x full time equivalent research technician ndash $90 000 per annum 10 x full time equivalent returns officer ndash $50 000 per annum approximately $150 000 ndash $200 000 per annum in operational costs to facilitate additional monitoring and generation of information

bull Increased management and monitoring costs Capacity to recover increased management and assessment costs from recreational fishers and non-extractive users of the resources Higher costs associated with undertaking more lsquoquantitativersquo risk assessments techniques

bull Full cost recovery basis from industry so require the most efficient process which implies that the Commonwealth and State processes should link and integrate

368

bull First round of EPBC assessments were very costly bull We have a set amount of money with which we must do the job This process

takes a lot of time to develop consult and implement thus takes time and money We are struggling to get precise assessments for key target species never mind all those other areas (bycatch TEP habitat ecosystem social economic governance) and

bull AFMA has invested over $15m (in direct attributable costs) in establishing the Ecological Risk Assement project since the year 2000 In addition to these direct costs there are substantial additional costs in terms of AFMA staff researchers industry MACs and RAGs and other stakeholders for their time and energy

Industry

bull The move to EBFM comes at significant cost to government and industry and requires ongoing commitment to continual improvement However any discussion of the costs of taking an EBFM approach should be compared to the costs to the marine environment and to our fisheries in not taking an EBFM approach Part of the problem is that the costs are incurred now (ie immediately) but the benefits will not be immediately recognisable (ie there is a time lag between investment and seeing the benefits)

bull Government has not put in the required resources Much responsibility and costs are placed on the industry of today when the benefits may not be seen for years to come

bull Failure to implement is driven by lack of government investment in all key areas of the framework Commercial industry is the only sector that contributes to management research and compliance on a cost recovery basis and

bull Significant costs and considered unaffordable by some industry members in the current climate of cost recovery

Question 17 To properly implement ESDEBFM what are the data analysis research and decision support needs (comment on each separately)

Summary

To properly implement ESDEBFM the following data analysis research and decision support requirements were identified (collated from the survey)

Data

bull Increased spatial detail and the greater detail required in terms of byproduct and bycatch corresponding to an increase in the amount of data to be collected and collated

bull Ecosystem models linkages between ecosystem components requiresdata inputs bull Improved knowledge of basic biology to support quantitative ecological

assessment tools bull Improved social and economic data for extractive and non-extractive users of

the resource bull Standardising and ensuring base level data collection among jurisdictions to

allow comprehensive assessments of ecosystems associated with shared stocks

Appendix B

369

bull Integrated spatial databases ndash all ecological data including fisheries dedicated research programs to address information needs data-based risk assessment and decision rules

bull Data across a broad range of disciplines as well as longer-term data series bull Develop databases that can handle the different data types (social economic

qualitative visual (video) as well as larger data sets bull There will be an increased need for higher resolution spatial and temporal data

All this will require improved data management and data sharing bull Need data on all components of the marine environment economics and social

aspects This needs to be both fishery related information and ideally fishery independent environmental data to allow for accurate determination of the level of impact

bull Habitat and ecological community data collection and mapping bull Consistency in the collection of data across purposes and jurisdictions is

required to allow information to be brought together when required to get a better regional perspective particularly in relation to assessing cross jurisdictional cumulative impacts and for marine bioregional planning

bull Need quantitative information to underpin the determination of indicators limit and reference points

bull Effective methodology and supporting data to assess and manage the ecological risks associated with marine biological communities and

bull Focus on innovative ways of incorporating data across disciplines Research will also need to provide monitoring technology at an affordable price This may require increased collaborations with Industry There will be increasing pressure placed on marine resources if the projected demands for fish increase Marginally harvested species will become economical and previously uneconomical species may also become economical Ecosystems that have adjusted to target species removal will now be faced with removals of species that have not been targeted previously As a small producer of seafood (kgarea of coastline or continental shelf) and the remote location Australia will be faced with increasing costs if the energy crisis eventuates High priced niche products will be important and complying with accreditation schemes The latter will be reliant on demonstrating ecosystem sustainability To do so there will need to be greater effort directed towards more vulnerable species While many of these are bycatch with minimal to no biological knowledge there will need to be improved ways of gathering data on such species

Analysis

bull Requirement for increased spatial detail corresponding to an increase in the complexity of the spatial analysis and the number of species considered

bull Regular ecological social and economic risk assessments using existing tools and refining tools where appropriate

bull Analysis of recreational participation and catch on a regular basis bull Assessment of size of populations of all TEPs bull New and novel approaches to data analysis will be required to develop decision

support mechanisms that in turn support ESD requirements bull Analysis of quantitative data for risk assessment and

370

bull Further develop the ERA methodology to assess absolute (actual) risks from fishing rather than relative risks cumulative impacts and ecological communities

Research

bull Research and monitoring to be conducted in a more spatially complex environment and a greater emphasis on the finer detail of the behaviour of the fishers and the impacts on additional elements of the ecosystem in addition to that of the target species

bull Spatial and temporal understanding of some key species that are now not taken over abroad area by commercial fishers due to closures and management changes

bull Filling information gaps needed for risk assessment and determination of indicators

bull Improved TEPs monitoring regime bull Better developed performance indicators that are able to take account of

variability of populations beyond fishing impacts bull More validation of the linkages between ecosystem components bull Further development and acceptance by other quantitative scientists of the

outcomes of ecosystem modelling techniques (including predictive tools) bull Research and development of low cost rapid assessment tools for resource

assessments in low value data poor fisheries bull Understanding recreational patterns and behaviour re bycatch and catch and

release impacts bull Co investment by State Government in key environmental and ecosystem

research as part of FRDC process bull Basic research on understanding ecological relationships between target species

and associated speciesenvironment Process studies on trophic and energynutrient linkages in the ecosystem Studies to provide information for ecosystem modelling together with the further development and refinement of ecosystem models

bull The development of frameworks and policy in line with strategic directions and supported by research and

bull Further understanding of marine ecosystems and linkages between the various components

Decision support

bull Revised fishery models that better reflect fishery status bull Management strategy evaluation tools framed in the context of ESDEBFM

They need to weight the achievement of particular objectives against the relative importance of each objective and the quality of the information against which the objective is measured

bull Better risk based systems for management decision making specific commercial and recreational allocations with appropriate monitoring a commitment to use the triple bottom line approach to decision making commitment by governments not to interfere in the management process and skew resource

Appendix B

371

shares better understanding and use of performance indicators and better decision making models and

bull Specific decision support needs will be identified through the process of establishing better data to support EBFM

Other important points

bull One size does not fit all as this is dependent on each fishery There is varying levels of risk and certainty A range of tools are required

bull A practical conceptual framework for regional level ESD ndash EBFM development of cost effective bioregional level assessments of the status of community structure Cost effective ongoing general biodiversity and habitat monitoring program Establishment of indicator sites for monitoring climate shifts Ecosystem modelling of specific high risk or priority regions Develop costs effective methods for monitoring the catch of the non commercial sector Assessment of the socio economic outcomes of current and proposed resource allocation decisions and

bull There are increasing demands and pressures on the available resources for fisheries management while the needs of the environment and government demands are continuing to escalate A clear focus on efficiency and cost effectiveness will be key drivers in prioritising what will be possible to pursue in ESDEBFM with limited future funding for data analysis and research

Section 5 Survey results Section 5 ESDEBFM across all jurisdictions Question 18 Do you have any recommendations to better achieve ESDEBFM for fisheries in Australia Responses to this question can be categorised by those issues dealt with under other questions in previous Sections 2 and 3 and new issues (collated from the survey) Those issues dealt with under other questions

bull Benchmarks must be established bull Greater budget and resources bull Simplify the reporting processes bull Better recognition of and an agreed framework for use by all jurisdictions and

agencies (fisheries and environment) Local variations that do not address all of the framework or vary the model leave industry susceptible to other interventions from other jurisdictions or agencies

bull Linked objectives between the environment and fisheries portfolios so we can shoot for the same thing This implies a more rational (and realistic) approach to marine environmental objectives

bull ESDEBFM requires a greater commitment to the collection of quantitative ecosystem data Governments need to be prepared to increase levels of funding for research and development for ESDEBFM to be adequately implemented and

372

bull OCS reform to better integrate management of fisheries eg Bass strait scallop fisheries

New issues

bull Continue national forums to facilitate discussion of jurisdictional approaches to implementing EBFM Greater engagement of industry leaders stakeholder representatives in these meetings

bull Full implementation of existing legislation Require all fisheries to comply with legislation Dont issues permitsexemptions to clearly non-compliant fisheries Apply same standards to domestic and export fisheries Community component of FRDC funding should be directed more explicitly to addressing ESD issues Industry component (1+1) only for industry priorities

bull Despite having considerable expertise located around Australia we are still a very fragmented poorly collaborating body For research the environment is still one of competition rather than collaboration Despite attempts (eg FRDC subprograms) there are few examples where the social economic and environmental disciplines are coming together to focus on fisheries issues There are also few examples where the physical and biological disciplines within the environmental area get together My recommendation would be for broader committees tasked with implementing ESD to be established across a range of sectors (eg all trawl fisheries all lobster fisheries all abalone fisheries)

bull This must be seen as the way management is done ndash not as additional processes It must be recognised that ESD and EAFM are specific versions of risk based management processes While the basic EAFM approach is the same for all fisheries the precise methods used for undertaking each of these steps needs to vary according to the situation that is being addressed This includes recognising the level of sophistication in management arrangements and processes that are available the complexity of the problems that are being addressed the level of information available and the level of formal education of those involved What can be appropriate in the assessment of a highly industrial fishery will almost certainly be inappropriate when trying to assess a small fishery in a remote community We therefore need a suite of tools that can be applied in the appropriate situation and

bull To better implement EBFM across Australian Fisheries there needs to be clarity about what EBFM is and how it is to be applied effectively across all jurisdictions Without this there will be varying implementation of EBFM which will create tension between the sectors and may result in the efforts undertaken in one jurisdiction being ineffective due to the under-implementation in another jurisdiction Having consistency in approaches will also assist Australia in reporting efforts internationally where all efforts can be aggregated

Appendix B

373

Results The following recommendations to better achieve ESDEBFM for fisheries in Australia were identified

bull Benchmarks must be established bull Greater budget and resources bull Simplify the reporting processes bull Continue national forums to facilitate discussion of jurisdictional approaches to

implementing EBFM Greater engagement of industry leaders stakeholder representatives in these meetings

bull Full implementation of existing legislation Require all fisheries to comply with legislation Dont issues permitsexemptions to clearly non-compliant fisheries Apply same standards to domestic and export fisheries Community component of FRDC funding should be directed more explicitly to addressing ESD issues Industry component (1+1) only for industry priorities

bull Better recognition of and an agreed framework for use by all jurisdictions and agencies (fisheries and environment) Local variations that do not address all of the framework or vary the model leave industry susceptible to other interventions from other jurisdictions or agencies

bull Linked objectives between the environment and fisheries portfolios so we can shoot for the same thing This implies a more rational (and realistic) approach to marine environmental objectives

bull Despite having considerable expertise located around Australia we are still a very fragmented poorly collaborating body For research the environment is still one of competition rather than collaboration Despite attempts (eg FRDC subprograms) there are few examples where the social economic and environmental disciplines are coming together to focus on fisheries issues There are also few examples where the physical and biological disciplines within the environmental area get together My recommendation would be for broader committees tasked with implementing ESD to be established across a range of sectors (eg all trawl fisheries all lobster fisheries all abalone fisheries)

bull ESDEBFM requires a greater commitment to the collection of quantitative ecosystem data Governments need to be prepared to increase levels of funding for research and development for ESDEBFM to be adequately implemented

bull OCS reform to better integrate management of fisheries eg Bass strait scallop fisheries

bull This must be seen as the way management is done ndash not as additional processes It must be recognised that ESD and EAFM are specific versions of risk based management processes While the basic EAFM approach is the same for all fisheries the precise methods used for undertaking each of these steps needs to vary according to the situation that is being addressed This includes recognising the level of sophistication in management arrangements and processes that are available the complexity of the problems that are being addressed the level of information available and the level of formal education of those involved What can be appropriate in the assessment of a highly industrial fishery will almost certainly be inappropriate when trying to assess a small fishery in a remote

374

community We therefore need a suite of tools that can be applied in the appropriate situation and

bull To better implement EBFM across Australian Fisheries there needs to be clarity about what EBFM is and how it is to be applied effectively across all jurisdictions Without this there will be varying implementation of EBFM which will create tension between the sectors and may result in the efforts undertaken in one jurisdiction being ineffective due to the under-implementation in another jurisdiction Having consistency in approaches will also assist Australia in reporting efforts internationally where all efforts can be aggregated

Question 19 Do you have any other comments concerns issues or suggestions concerning the implementation of ESDEBFM Responses to this question can be categorised by those issues dealt with under other questions in previous Sections 2 and 3 and new issues (collated from the survey) Those issues dealt with under other questions

bull There is sometimes a conflict of interest and abuse of the process to drive certain stakeholders agenda The Commonwealth process is currently driving fisheries management Management should be driven from a State Government level

bull Community component of FRDC funding should be directed more explicitly to addressing ESD issues

bull The framework is still not used as the agreed template for all agencies and jurisdictions State and Commonwealth management plans must be developed to match expectations form EPDC and the EBFM framework should be the standard

bull It needs to be realistic ndash so many processes are underway that impose requirements on managing authorities they may just get left behind with no capacity to go forward and

bull At present there is a high reliance on risk assessments but these are often based on poor data and knowledge gaps leading to largely subjective assessments The outcomes of these assessments are therefore unreliable An increased commitment needs to be made to providing the ecosystem data necessary for informed assessments to be undertaken

New issues

bull This survey needs to be combined with the DPI management response I have only answered the research aspects as directed 2) Given the potential length of the survey 12 questions requiring up to 5000 characters or 24 A4pages of text in addition to the multiple choice and the need to collect this information from 4 to 6 different groups across the organisation An onsite half day workshop would most probably produce a superior result and response given the face to face interaction with the project interviewer

bull The implementation of ESDEBFM is a worthwhile and necessary direction to take within fisheries management However implementation comes at considerable expense and requires a large amount of resources in order to be

Appendix B

375

implemented in a timely and effective manner There is also the additional problem of ensuring compliance of a fishery with the principles of ESDEBFM Furthermore many small scale or low impact fisheries can often be faced with onerous requirements placed on the fishery Invariably these small scale fisheries are lowly resourced and it is difficult to justify the cost of these restrictions when the net benefits to the fishery are analysed Essentially this situation is not cost effective for small scale fisheries particularly when these small fisheries are low impacting (as is the general case in the NT)

bull Ecosystems do not follow jurisdictional boundaries A recurrent National forum to resolve ESDEBFM across multiple jurisdictions would be useful

bull Challenge of integration incorporation at various levels of EBFM as it develops and is implemented by fisheries agencies into developing NRM CZM frameworks

bull More effort into training re EBFM and ESD assessment techniques both at tertiary level and for current fisheries managerspeak bodiesadvisory bodies

bull Many of the difficulties experienced with implementing EAFM appear to result from a mixture of myth fear and unrealistic expectations about what is needed for this process This produces a situation where it can seem much too difficult to begin These concepts are not just an excuse for undertaking more detailed research They can be started with whatever level of information is available with any additional work being determined by what is really needed rather than simply what is possible The lack of good governance arrangements not the lack of ecological data has been the most commonly identified high risk issue and

bull Australia is currently well placed internationally to not only be talking about EBFM but also to demonstrate that we are developing the necessary tools and actively implementing measures to support EBFM in practice While we should be proud of our achievements in this regard we need to maintain this focus and continue our commitment to deliver EBFM (Commonwealth management)

Results The following comments concerns issues or suggestions concerning the implementation of ESDEBFM were identified

bull This survey needs to be combined with the DPI management response I have only answered the research aspects as directed 2) Given the potential length of the survey 12 questions requiring up to 5000 characters or 24 A4pages of text in addition to the multiple choice and the need to collect this information from 4 to 6 different groups across the organisation An onsite half day workshop would most probably produce a superior result and response given the face to face interaction with the project interviewer

bull There is sometimes a conflict of interest and abuse of the process to drive certain stakeholders agenda The Commonwealth process is currently driving fisheries management Management should be driven from a State Government level

bull The implementation of ESDEBFM is a worthwhile and necessary direction to take within fisheries management However implementation comes at considerable expense and requires a large amount of resources in order to be implemented in a timely and effective manner There is also the additional

376

problem of ensuring compliance of a fishery with the principles of ESDEBFM Furthermore many small scale or low impact fisheries can often be faced with onerous requirements placed on the fishery Invariably these small scale fisheries are lowly resourced and it is difficult to justify the cost of these restrictions when the net benefits to the fishery are analysed Essentially this situation is not cost effective for small scale fisheries particularly when these small fisheries are low impacting

bull Ecosystems do not follow jurisdictional boundaries A recurrent National forum to resolve ESDEBFM across multiple jurisdictions would be useful

bull Challenge of integration incorporation at various levels of EBFM as it develops and is implemented by fisheries agencies into developing NRM CZM frameworks

bull Community component of FRDC funding should be directed more explicitly to addressing ESD issues

bull The framework is still not used as the agreed template for all agencies and jurisdictions State and Commonwealth management plans must be developed to match expectations form EPDC and the EBFM framework should be the standard

bull It needs to be realistic ndash so many processes are underway that impose requirements on managing authorities they may just get left behind with no capacity to go forward

bull At present there is a high reliance on risk assessments but these are often based on poor data and knowledge gaps leading to largely subjective assessments The outcomes of these assessments are therefore unreliable An increased commitment needs to be made to providing the ecosystem data necessary for informed assessments to be undertaken

bull More effort into training re EBFM and ESD assessment techniques both at tertiary level and for current fisheries managerspeak bodiesadvisory bodies

bull Many of the difficulties experienced with implementing EAFM appear to result from a mixture of myth fear and unrealistic expectations about what is needed for this process This produces a situation where it can seem much too difficult to begin These concepts are not just an excuse for undertaking more detailed research They can be started with whatever level of information is available with any additional work being determined by what is really needed rather than simply what is possible The lack of good governance arrangements not the lack of ecological data has been the most commonly identified high risk issue and

bull Australia is currently well placed internationally to not only be talking about EBFM but also to demonstrate that we are developing the necessary tools and actively implementing measures to support EBFM in practice While we should be proud of our achievements in this regard we need to maintain this focus and continue our commitment to deliver EBFM

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Text

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1

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on

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chara

cters

387

ACKNOWLEDGEMENTS

The members of the ESD Working Group provided feedback and input into the developments of the methods helped co-ordinate responses and reviewed the final draft report

  • 211BCoordination and consistency
  • 212BTools development
  • 213BResources and capacity
  • 214BTraining and communication
  • 4BIntroduction
  • 5BMethods
  • 6BReview summary
  • 7B1 A snapshot of experience and approaches since the last review from 1998 to 2006
    • 48B11 Implications and recommendations from the ESD Review 1998
    • 49B12 Work undertaken by ESD subprogram since 1998 review
      • 215BGuides
      • 216BRisk assessment
      • 217BThe Seafood Environmental Management System for the Fishing Industry
      • 218BRelationship of National ESD Reports with other reporting requirements
      • 219BEcologically Sustainable Development Glossary
      • 220BEcologically Sustainable Development publications
      • 221BOther related ESD publications
        • 50B13 Governance and the responses to key issues
          • 8B2 Review of the strategic assessment methods under EPBC Act and management approaches
            • 51B21 Strategic assessment process under the EPBC Act
              • 222BReassessments AFMFDEWHA working group
                • 52B22 Strategic assessment submissions and management approaches adopted by the fisheries agencies
                  • 223BUse of performance indicators decision rules in 1998
                  • 224BUse of performance indicators decision rules in 2007
                      • 9B3 Review of the management responses to ESD and EBFM
                        • 53B31 The ESDEBFM Survey
                        • 54B32 How fisheries management responses have changed with regard to ESDEBFM within jurisdictions from 1998-2006
                          • 225BUse of assessment and management tools
                          • 226BUsefulness of current ESDEBFM reporting frameworks
                          • 227BIssues of fitoverlapduplication between fishery policy initiatives bioregional plans Commonwealth and State processes
                            • 55B34 Further development needs over the next six years from2006 to 2012 to facilitate the implementation of ESDEBFM
                              • 228BThe key issueschallenges for implementation of ESDEBFM (environmental economic social governance)
                              • 229BWhat management and assessment tools will need to be available and in routine use by 2012 (environmental economic social governance)
                              • 230BPossible bottlenecks for successful implementation of ESDEBFM
                              • 231BCost implications of implementing ESDEBFM for fisheries (both time and money)
                              • 232BThe data analysis research and decision support needs to properly implement ESDEBFM
                                  • 10B40 Recommendations for the most appropriate next steps
                                    • 233BCoordination and consistency
                                    • 234BTools development
                                    • 235BResources and capacity
                                    • 236BTraining and communication
                                    • 237BGovernance
                                    • 56B111 Ecological Sustainable Development (ESD)
                                    • 57B112 Ecosystem Based Management (EBM) the concept
                                    • 58B113 Ecosystem Based Fisheries Management (EBFM)
                                      • 238BEcosystem Based Fisheries Management the international dimension
                                      • 239BLOSC and the CBD development of EBFM approach
                                      • 240BEcosystem Based Fishery Management (EBFM) the concept
                                      • 241BEBFM the key issues
                                      • 242BInternational policy initiatives and strategies in response to the issues
                                          • 11B12 EBFM and other similar approaches to address broader ecosystem issues for fisheries
                                            • 59B121 Integrated Coastal Management and Large Marine Ecosystems Management
                                            • 60B122 Multiple Use Management
                                            • 61B123 Integrated catchment management ndash from land to sea
                                            • 62B124 Environmental management systems
                                            • 63B125 Codes of conductpractice
                                            • 64B126 Accreditation schemes
                                            • 65B127 Co-management and consultation mechanisms (government agencies industry fisheries)
                                            • 66B128 ESD subprogram approach to Ecosystem Based Management (EBM) and other related systems
                                              • 12B13 ESDEBFM in Australia a national response
                                                • 67B131 Australia regional and bilateral responses
                                                • 68B132 Australia national response
                                                • 69B133 NSESD 1992
                                                • 70B134 Australiarsquos Exclusive Economic Zone (1994)
                                                  • 243BAFZ and EEZ
                                                    • 71B135 Australiarsquos Ocean Policy
                                                    • 72B136 Environment Protection and Biodiversity Conservation (EPBC) Act 1999
                                                    • 73B137 Looking to the future a review of Commonwealth fisheries policy
                                                    • 74B138 Ministerrsquos announcement for Securing our Fishing Future package for Commonwealth fisheries (2005)
                                                      • 244BDetails of the Australian Governmentrsquos direction to AFMA
                                                      • 245BOutline of the proposed Marine Protected Areas (MPAs) networks in the South-East Marine Region
                                                      • 246BOutline of the fisheries structural adjustment package
                                                        • 75B139 AFMArsquos response to the Ministerrsquos directive
                                                        • 76B1310 Capability and capacity building
                                                          • 247BNational Resource Management Ministerial Council (NRMMC)
                                                            • 407BNatural Resource Policies and Programs Committee
                                                            • 408BMarine and Coastal Committee
                                                              • 248BEcologically Sustainable Development Reporting and Assessment Subprogram
                                                                  • 13B14 Fisheries policy initiatives and mitigation measures
                                                                    • 77B141 Department of Agriculture Fisheries and Forestry
                                                                      • 249BFisheries and Marine Environment Branch
                                                                      • 250BFisheries policy initiatives and mitigation measures
                                                                        • 78B142 The Department of the Environment Water Heritage and the Arts
                                                                          • 251BThe Coasts and Oceans Division
                                                                          • 252BFisheries policy initiatives and mitigation measures
                                                                              • 14B15 Australian fisheries management
                                                                                • 79B151 AFMA Commonwealth fisheries
                                                                                  • 253BEnvironment and sustainability
                                                                                  • 254BEcologically Sustainable Development (ESD)
                                                                                  • 255BEcosystem Based Fishery Management
                                                                                    • 80B152 State and Territory fisheries
                                                                                    • 81B153 EBFM key fisheries management concepts
                                                                                      • 256BFisheries Management Plans
                                                                                        • 409BCommonwealth management plans
                                                                                        • 410BState and Territory management plans
                                                                                          • 257BManagement measures harvest strategies and spatial management
                                                                                          • 258BDraft Commonwealth fisheries Harvest Strategy Policy
                                                                                            • 411BSouth East fishery implementation of F-based harvest control rules an example
                                                                                            • 412BMarine Protected Areas
                                                                                              • 259BManagement assessment and decision making tools
                                                                                              • 260BMonitoring performance indicators decision rules and reporting
                                                                                              • 261BReporting
                                                                                              • 262BResearch
                                                                                              • 263BConsultation
                                                                                                  • 15B21 Review of strategic assessment processes under the EPBC Act
                                                                                                    • 82B211 Environment Protection and Biodiversity Conservation (EPBC) Act 1999
                                                                                                    • 83B212 Review of State and Commonwealth strategic assessment submissions to DEWHA
                                                                                                    • 84BNew South Wales fisheries
                                                                                                    • 85BNorthern Territory fisheries
                                                                                                    • 86BQueensland fisheries
                                                                                                    • 87BSouth Australian fisheries
                                                                                                    • 88BTasmanian fisheries
                                                                                                    • 89BVictorian fisheries
                                                                                                    • 90BWestern Australian fisheries
                                                                                                    • 91BCommonwealth fisheries
                                                                                                    • 92B213 DEWHA Assessment of fisheries
                                                                                                      • 222H264BAccreditation of a plan of management
                                                                                                      • 265B223HDeclaration of an approved Wildlife Trade Operation
                                                                                                      • 266B224HMinisterial decision ndash recommendations and conditions
                                                                                                          • 16B22 Review and report on the major issues raised from theEPBC strategic assessment process for ESD and EBFM
                                                                                                            • 93B221 Background
                                                                                                            • 94B222 Review of the first round of EPBC assessment process
                                                                                                            • 95BMCCN Survey
                                                                                                              • 267BBackground to the survey and questions that the survey was to address
                                                                                                              • 268BThe MCCN Survey Questions
                                                                                                              • 269BSummary of the key findings
                                                                                                                • 96B223 AFMFDEWHA review lessons learnt and possible future directions
                                                                                                                  • 270BFishery agency submissions to DEWHA
                                                                                                                  • 271BDEWHA assessment process
                                                                                                                  • 272BMinisterrsquos decisions and recommendations
                                                                                                                  • 273BIssues
                                                                                                                  • 274BFuture assessments and recommendations
                                                                                                                    • 97B224 Reassessments AFMFDEWHA working group
                                                                                                                      • 17B23 AFMF national research priorities for 2006-08
                                                                                                                        • 98B231 Background
                                                                                                                        • 99B232 National fisheries management research priorities 2006 to 2008
                                                                                                                          • 18B31 The ESDEBFM Survey
                                                                                                                            • 100B311 Background
                                                                                                                            • 101B312 Technical
                                                                                                                            • 102B313 Limitations on interpreting results
                                                                                                                              • 19B32 Summary of survey results ndash Section 2
                                                                                                                                • 103B321 Progress towards incorporating ESDEBFM operational measures into policy planning legislation and management arrangements for environmental economic social and governance components
                                                                                                                                  • 275BComments on variations
                                                                                                                                    • 104B322 Indications of where performance indicators and benchmarks wereare being used for environmental economic social and governance components
                                                                                                                                      • 276BComments on variations
                                                                                                                                        • 105B323 Levels of confidence in managing the environmental economic social and governance components under ESDEBFM principles
                                                                                                                                          • 277BComments on variations
                                                                                                                                          • 278BOther comments
                                                                                                                                              • 20B33 Section 3 Survey results
                                                                                                                                                • 106B331 Use of assessment and management tools
                                                                                                                                                  • 279BCommonwealth management further information
                                                                                                                                                    • 107B332 Usefulness of current ESDEBFM reporting frameworks
                                                                                                                                                      • 280BRecommendations
                                                                                                                                                        • 108B333 Issues of fitoverlapduplication between fishery policy initiatives bioregional plans Commonwealth and State processes
                                                                                                                                                          • 281BIssues
                                                                                                                                                          • 282BRecommendations
                                                                                                                                                              • 21B34 Section 4 survey results
                                                                                                                                                                • 109B341 The key issueschallenges for implementation of ESDEBFM (environmental economic social governance)
                                                                                                                                                                • 110B342 What management and assessment tools will need to be available and in routine use by 2012 (environmental economic social governance)
                                                                                                                                                                • 111B343 Possible bottlenecks for successful implementation of ESDEBFM
                                                                                                                                                                • 112B344 Cost implications of implementing ESDEBFM for fisheries (both time and money)
                                                                                                                                                                • 113B345 The data analysis research and decision support needs to properly implement ESDEBFM
                                                                                                                                                                  • 22B35 Section 5 Survey results
                                                                                                                                                                    • 114B351 Recommendations to better achieve ESDEBFM for fisheriesin Australia
                                                                                                                                                                    • 115B352 Other comments concerns issues or suggestions concerning the implementation of ESDEBFM
                                                                                                                                                                      • 23BEPBC The structure of the Act
                                                                                                                                                                        • 116BBiodiversity conservation
                                                                                                                                                                        • 117BEnforcement and administration
                                                                                                                                                                        • 118BEnvironmental assessment and approval
                                                                                                                                                                        • 119BESD Reporting and review
                                                                                                                                                                        • 120BEnforcement
                                                                                                                                                                          • 24BEPBC Principles and objectives
                                                                                                                                                                            • 121BPrinciple 1
                                                                                                                                                                              • 413BInformation requirements
                                                                                                                                                                              • 414BAssessment
                                                                                                                                                                              • 415BManagement response
                                                                                                                                                                              • 416BManagement response
                                                                                                                                                                                • 122BPrinciple 2
                                                                                                                                                                                  • 283BObjective 1
                                                                                                                                                                                    • 417BInformation requirements
                                                                                                                                                                                    • 418BAssessment
                                                                                                                                                                                    • 419BManagement response
                                                                                                                                                                                      • 284BObjective 2
                                                                                                                                                                                        • 420BInformation requirements
                                                                                                                                                                                        • 421BAssessment
                                                                                                                                                                                        • 422BManagement response
                                                                                                                                                                                          • 285BObjective 3
                                                                                                                                                                                            • 423BInformation requirements
                                                                                                                                                                                            • 424BAssessment
                                                                                                                                                                                            • 425BManagement response
                                                                                                                                                                                              • 25BAssessment of Fisheries
                                                                                                                                                                                              • 26BAccreditation Benchmarks for the Environmental Assessment of Fisheries
                                                                                                                                                                                              • 27BTerms of Reference for Environmental Assessment of Fisheries
                                                                                                                                                                                              • 28BFishery agency submissions and DEWHA assessments
                                                                                                                                                                                              • 29BState Fisheries
                                                                                                                                                                                              • 30BNew South Wales Fisheries
                                                                                                                                                                                                • 286BNSW DPI submissions to DEWHA
                                                                                                                                                                                                  • 31BThe NSW 240HAbalone Fishery an example
                                                                                                                                                                                                    • 123B
                                                                                                                                                                                                    • NSW DPI submission to DEWHA in more detail
                                                                                                                                                                                                    • 124BLegislation Acts
                                                                                                                                                                                                    • 125BManagement
                                                                                                                                                                                                      • 287BPlans and regulations
                                                                                                                                                                                                      • 288BDraft Abalone Fishery Code of Practice
                                                                                                                                                                                                      • 289BHarvest strategies
                                                                                                                                                                                                      • 290BSpatial management
                                                                                                                                                                                                        • 126BAssessment
                                                                                                                                                                                                          • 291BStock assessment
                                                                                                                                                                                                          • 292BEnvironmental Impact Statement (EIS)
                                                                                                                                                                                                          • 293B
                                                                                                                                                                                                          • Economic and social issues considered
                                                                                                                                                                                                          • 294BRisk assessment
                                                                                                                                                                                                            • 127BMonitoring and Performance
                                                                                                                                                                                                              • 295BMonitoring
                                                                                                                                                                                                              • 296BIndicators and Trigger Points
                                                                                                                                                                                                                • 128BReporting
                                                                                                                                                                                                                • 129BResearch
                                                                                                                                                                                                                  • 297BOther Research
                                                                                                                                                                                                                    • 130BConsultation
                                                                                                                                                                                                                    • 131BSupporting documentsreports (NSW DPI)
                                                                                                                                                                                                                    • 132BReferences
                                                                                                                                                                                                                      • 298BThe assessment
                                                                                                                                                                                                                      • 299BDEWHA assessment report
                                                                                                                                                                                                                      • 300B260HMinisterial decision
                                                                                                                                                                                                                          • 32BNorthern Territory Fisheries assessments
                                                                                                                                                                                                                            • 301BNT DPIFM submissions to DEWHA
                                                                                                                                                                                                                              • 33B270HNT Spanish Mackerel Fishery an example
                                                                                                                                                                                                                                • 133BNT DPIFW Submission to DEWHA in more detail
                                                                                                                                                                                                                                • 134BLegislation Acts
                                                                                                                                                                                                                                • 135BManagement
                                                                                                                                                                                                                                  • 302BPlans and regulations
                                                                                                                                                                                                                                  • 303BHarvest strategies
                                                                                                                                                                                                                                  • 304BSpatial management
                                                                                                                                                                                                                                    • 136BAssessment
                                                                                                                                                                                                                                      • 305BStock assessment
                                                                                                                                                                                                                                      • 306BRisk assessment
                                                                                                                                                                                                                                        • 137BMonitoring performance indicators and trigger points
                                                                                                                                                                                                                                          • 307BMonitoring
                                                                                                                                                                                                                                          • 308BPerformance indicators and trigger points
                                                                                                                                                                                                                                            • 138BReporting
                                                                                                                                                                                                                                            • 139BResearch
                                                                                                                                                                                                                                              • 0BDURATION
                                                                                                                                                                                                                                                • 140BConsultation
                                                                                                                                                                                                                                                • 141BSupporting documentsreports (NT DPIFM)
                                                                                                                                                                                                                                                • 142BReferences
                                                                                                                                                                                                                                                • 143BPart 2 DEWHA assessment of the 271HNT Spanish Mackerel Fishery
                                                                                                                                                                                                                                                  • 309BThe assessment
                                                                                                                                                                                                                                                  • 310BDEWHA assessment report
                                                                                                                                                                                                                                                  • 311B277HMinisterial decision
                                                                                                                                                                                                                                                    • 34BQueensland fisheries
                                                                                                                                                                                                                                                      • 312BQLD DPI submissions to DEWHA
                                                                                                                                                                                                                                                        • 35BThe QLD 303HCoral Reef Fin Fish Fishery an example
                                                                                                                                                                                                                                                          • 144BQLD (DPI) submission to DEWHA in more detail
                                                                                                                                                                                                                                                          • 145BLegislation Acts
                                                                                                                                                                                                                                                          • 146BManagement
                                                                                                                                                                                                                                                            • 313BPlan and regulations
                                                                                                                                                                                                                                                            • 314BCode of practice
                                                                                                                                                                                                                                                            • 315BHarvest strategies
                                                                                                                                                                                                                                                            • 316BSpatial management
                                                                                                                                                                                                                                                              • 147BAssessment
                                                                                                                                                                                                                                                                • 317BStock assessment
                                                                                                                                                                                                                                                                  • 3BTEP
                                                                                                                                                                                                                                                                    • 318BRisk assessment
                                                                                                                                                                                                                                                                      • 148BMonitoring and Performance
                                                                                                                                                                                                                                                                        • 319BMonitoring
                                                                                                                                                                                                                                                                        • 320BIndicators and trigger points
                                                                                                                                                                                                                                                                        • 321BObserver program
                                                                                                                                                                                                                                                                          • 149BReporting
                                                                                                                                                                                                                                                                          • 150BResearch
                                                                                                                                                                                                                                                                          • 151BConsultation
                                                                                                                                                                                                                                                                          • 152BSupporting documentsreports (QLD DPI)
                                                                                                                                                                                                                                                                          • 153BReferences
                                                                                                                                                                                                                                                                          • 154BPart 2 DEWHA Assessment of the QLD 304HCoral Reef Fin Fish Fishery
                                                                                                                                                                                                                                                                            • 322BThe assessment
                                                                                                                                                                                                                                                                            • 323BDEWHA assessment
                                                                                                                                                                                                                                                                            • 324BMinisterial decision
                                                                                                                                                                                                                                                                                • 36BSouth Australian fisheries
                                                                                                                                                                                                                                                                                  • 325BSA PIRSA submissions to DEWHA
                                                                                                                                                                                                                                                                                    • 37BThe SA Lakes and Coorong 323H Fishery an example
                                                                                                                                                                                                                                                                                      • 155BSA (PIRSA) submission to DEWHA in more detail
                                                                                                                                                                                                                                                                                      • 156BLegislation Acts
                                                                                                                                                                                                                                                                                      • 157BManagement
                                                                                                                                                                                                                                                                                        • 326BPlans and regulations
                                                                                                                                                                                                                                                                                        • 327BCodes of practice
                                                                                                                                                                                                                                                                                        • 328BCo-management arrangements
                                                                                                                                                                                                                                                                                        • 329BHarvest strategies
                                                                                                                                                                                                                                                                                        • 330BSpatial management
                                                                                                                                                                                                                                                                                          • 158BAssessment
                                                                                                                                                                                                                                                                                            • 331BStock assessment
                                                                                                                                                                                                                                                                                            • 332BRisk assessment
                                                                                                                                                                                                                                                                                            • 333BEconomic social and governance issues
                                                                                                                                                                                                                                                                                              • 159BMonitoring and performance
                                                                                                                                                                                                                                                                                                • 334BMonitoring
                                                                                                                                                                                                                                                                                                • 335BPerformance indicators and trigger points
                                                                                                                                                                                                                                                                                                  • 160BReporting
                                                                                                                                                                                                                                                                                                  • 161BResearch
                                                                                                                                                                                                                                                                                                  • 162BConsultation
                                                                                                                                                                                                                                                                                                  • 163BSupporting documentationreports
                                                                                                                                                                                                                                                                                                  • 164BReferences
                                                                                                                                                                                                                                                                                                    • 336BThe assessment
                                                                                                                                                                                                                                                                                                    • 337BDEWHA assessment
                                                                                                                                                                                                                                                                                                    • 338BMinisterial decision (28 November 2005)
                                                                                                                                                                                                                                                                                                        • 38BTasmanian fisheries
                                                                                                                                                                                                                                                                                                          • 339BTasmanian DIPW submissions to DEWHA
                                                                                                                                                                                                                                                                                                            • 39BThe Tasmanian 340HGiant Crab Fishery an example
                                                                                                                                                                                                                                                                                                              • 165BTAS (DIPW) submission to DEWHA in more detail
                                                                                                                                                                                                                                                                                                              • 166BLegislation Acts
                                                                                                                                                                                                                                                                                                              • 167BManagement
                                                                                                                                                                                                                                                                                                                • 340BPlans and regulations
                                                                                                                                                                                                                                                                                                                • 341BCodes of practice
                                                                                                                                                                                                                                                                                                                • 342BHarvest strategies
                                                                                                                                                                                                                                                                                                                • 343BSpatial management
                                                                                                                                                                                                                                                                                                                  • 168BAssessment
                                                                                                                                                                                                                                                                                                                    • 344BStock assessment
                                                                                                                                                                                                                                                                                                                      • 1BFisheries independent data on protected species interactions comes through the extensive monitoring conducted for the rock lobster fishery Gear and vessels operating in the two fisheries are essentially identical so it is reasonable to assume that interactions are equivalent This fisheries independent data source includes interactions such as consumption of discarded bait by protected species and roosting on vessels
                                                                                                                                                                                                                                                                                                                        • 345BRisk assessment
                                                                                                                                                                                                                                                                                                                          • 169BMonitoring
                                                                                                                                                                                                                                                                                                                            • 346BMonitoring
                                                                                                                                                                                                                                                                                                                            • 347BIndicators and trigger points
                                                                                                                                                                                                                                                                                                                              • 170BReporting
                                                                                                                                                                                                                                                                                                                              • 171BResearch
                                                                                                                                                                                                                                                                                                                              • 172BConsultation
                                                                                                                                                                                                                                                                                                                              • 173BReportssupporting documentation
                                                                                                                                                                                                                                                                                                                              • 174BReferences
                                                                                                                                                                                                                                                                                                                                • 348BThe assessment
                                                                                                                                                                                                                                                                                                                                • 349BDEWHA assessment
                                                                                                                                                                                                                                                                                                                                • 350BMinisterial decision (14 July 2006)
                                                                                                                                                                                                                                                                                                                                    • 40BVictorian fisheries
                                                                                                                                                                                                                                                                                                                                      • 351BVIC DPI submissions to DEWHA
                                                                                                                                                                                                                                                                                                                                        • 41BThe VIC 361HAbalone Fishery an example
                                                                                                                                                                                                                                                                                                                                          • 175BVIC (DPI) submission to DEWHA in more detail
                                                                                                                                                                                                                                                                                                                                          • 176BLegislation Acts
                                                                                                                                                                                                                                                                                                                                          • 177BManagement
                                                                                                                                                                                                                                                                                                                                            • 352BPlans and regulations
                                                                                                                                                                                                                                                                                                                                            • 353BCo-management arrangements
                                                                                                                                                                                                                                                                                                                                            • 354BHarvest strategies
                                                                                                                                                                                                                                                                                                                                            • 355BSpatial management
                                                                                                                                                                                                                                                                                                                                              • 178BAssessment
                                                                                                                                                                                                                                                                                                                                                • 356BStock assessment
                                                                                                                                                                                                                                                                                                                                                • 357BRisk assessment
                                                                                                                                                                                                                                                                                                                                                • 358BEconomic social and governance
                                                                                                                                                                                                                                                                                                                                                  • 179BMonitoring and performance
                                                                                                                                                                                                                                                                                                                                                    • 359BMonitoring
                                                                                                                                                                                                                                                                                                                                                    • 360BPerformance indicators and trigger points
                                                                                                                                                                                                                                                                                                                                                      • 180BReporting
                                                                                                                                                                                                                                                                                                                                                      • 181BResearch (source Victorian Abalone Fishery Management Plan (March 2002)
                                                                                                                                                                                                                                                                                                                                                      • 182BConsultation
                                                                                                                                                                                                                                                                                                                                                      • 183BSupporting documentsreports (VIC DPI)
                                                                                                                                                                                                                                                                                                                                                      • 184BReferences
                                                                                                                                                                                                                                                                                                                                                        • 361BThe assessment
                                                                                                                                                                                                                                                                                                                                                        • 362BDEWHA assessment
                                                                                                                                                                                                                                                                                                                                                        • 363B367HMinisterial decision
                                                                                                                                                                                                                                                                                                                                                            • 42BWestern Australian Fisheries
                                                                                                                                                                                                                                                                                                                                                              • 364BWA Fisheries submissions to DEWHA
                                                                                                                                                                                                                                                                                                                                                                • 43BThe WA Fisheries 397HWestern Rock Lobster Fishery an example
                                                                                                                                                                                                                                                                                                                                                                  • 185BWA Fisheries submission to DEWHA in more detail
                                                                                                                                                                                                                                                                                                                                                                  • 186BLegislation Acts
                                                                                                                                                                                                                                                                                                                                                                  • 187BManagement
                                                                                                                                                                                                                                                                                                                                                                    • 365BPlans and regulations
                                                                                                                                                                                                                                                                                                                                                                    • 366BHarvest strategies
                                                                                                                                                                                                                                                                                                                                                                    • 367BSpatial management
                                                                                                                                                                                                                                                                                                                                                                      • 188BAssessment
                                                                                                                                                                                                                                                                                                                                                                        • 368BStock assessment
                                                                                                                                                                                                                                                                                                                                                                        • 369BRisk assessment
                                                                                                                                                                                                                                                                                                                                                                          • 189BMonitoring and performance
                                                                                                                                                                                                                                                                                                                                                                            • 370BMonitoring
                                                                                                                                                                                                                                                                                                                                                                            • 371BPerformance indicators and trigger points
                                                                                                                                                                                                                                                                                                                                                                                • 2BOVERVIEW TABLE examples
                                                                                                                                                                                                                                                                                                                                                                                  • 372BObserver program
                                                                                                                                                                                                                                                                                                                                                                                  • 190BReporting
                                                                                                                                                                                                                                                                                                                                                                                  • 191BResearch
                                                                                                                                                                                                                                                                                                                                                                                  • 192BConsultation
                                                                                                                                                                                                                                                                                                                                                                                  • 193BSupporting documentsreports
                                                                                                                                                                                                                                                                                                                                                                                  • 194BReferences
                                                                                                                                                                                                                                                                                                                                                                                    • 373BThe assessment
                                                                                                                                                                                                                                                                                                                                                                                    • 374BDEWHA assessment
                                                                                                                                                                                                                                                                                                                                                                                    • 375B411HMinisterial decision
                                                                                                                                                                                                                                                                                                                                                                                        • 44BCommonwealth fisheries
                                                                                                                                                                                                                                                                                                                                                                                          • 376BAFMA submission to DEWHA
                                                                                                                                                                                                                                                                                                                                                                                            • 45BAFMA Eastern Tuna and Billfish Fishery an example
                                                                                                                                                                                                                                                                                                                                                                                              • 195BAFMA submission to DEWHA in more detail
                                                                                                                                                                                                                                                                                                                                                                                              • 196BLegislation
                                                                                                                                                                                                                                                                                                                                                                                              • 197BManagement
                                                                                                                                                                                                                                                                                                                                                                                                • 377BPlans and regulations
                                                                                                                                                                                                                                                                                                                                                                                                • 378BCodes of practice
                                                                                                                                                                                                                                                                                                                                                                                                • 379BHarvest strategy
                                                                                                                                                                                                                                                                                                                                                                                                • 380BSpatial management
                                                                                                                                                                                                                                                                                                                                                                                                    • 46BAssessment
                                                                                                                                                                                                                                                                                                                                                                                                      • 381BStock assessments
                                                                                                                                                                                                                                                                                                                                                                                                      • 382BRisk assessment
                                                                                                                                                                                                                                                                                                                                                                                                      • 198BMonitoring and performance
                                                                                                                                                                                                                                                                                                                                                                                                        • 383BMonitoring
                                                                                                                                                                                                                                                                                                                                                                                                        • 384BIndicatorstriggers
                                                                                                                                                                                                                                                                                                                                                                                                        • 385BObserver program
                                                                                                                                                                                                                                                                                                                                                                                                          • 199BReporting
                                                                                                                                                                                                                                                                                                                                                                                                          • 200BResearch
                                                                                                                                                                                                                                                                                                                                                                                                          • 201BConsultation
                                                                                                                                                                                                                                                                                                                                                                                                          • 202BSupporting documents and reports
                                                                                                                                                                                                                                                                                                                                                                                                          • 203BReferences
                                                                                                                                                                                                                                                                                                                                                                                                            • 386BDEWHA assessment
                                                                                                                                                                                                                                                                                                                                                                                                            • 387BThe Ministerrsquos decision
                                                                                                                                                                                                                                                                                                                                                                                                                • 47BSurvey analysis and results
                                                                                                                                                                                                                                                                                                                                                                                                                  • 204BThe ESDEBFM Survey
                                                                                                                                                                                                                                                                                                                                                                                                                  • 205BSection 2 Survey results
                                                                                                                                                                                                                                                                                                                                                                                                                    • 388BOverall
                                                                                                                                                                                                                                                                                                                                                                                                                    • 389BComments on variations
                                                                                                                                                                                                                                                                                                                                                                                                                    • 390BOverall
                                                                                                                                                                                                                                                                                                                                                                                                                    • 391BComments on variations
                                                                                                                                                                                                                                                                                                                                                                                                                    • 392BOverall
                                                                                                                                                                                                                                                                                                                                                                                                                    • 393BComments on variations
                                                                                                                                                                                                                                                                                                                                                                                                                    • 394BOverall
                                                                                                                                                                                                                                                                                                                                                                                                                    • 395BComments on variations
                                                                                                                                                                                                                                                                                                                                                                                                                      • 206BSection 3 Survey results
                                                                                                                                                                                                                                                                                                                                                                                                                        • 396BOverall
                                                                                                                                                                                                                                                                                                                                                                                                                        • 397BComments on variations
                                                                                                                                                                                                                                                                                                                                                                                                                        • 398BOverall
                                                                                                                                                                                                                                                                                                                                                                                                                        • 399BOverall
                                                                                                                                                                                                                                                                                                                                                                                                                        • 400BOverall
                                                                                                                                                                                                                                                                                                                                                                                                                        • 401BOverall
                                                                                                                                                                                                                                                                                                                                                                                                                          • 207BSection 4 Survey results
                                                                                                                                                                                                                                                                                                                                                                                                                            • 402BSummary
                                                                                                                                                                                                                                                                                                                                                                                                                            • 403BSummary
                                                                                                                                                                                                                                                                                                                                                                                                                            • 404BSummary
                                                                                                                                                                                                                                                                                                                                                                                                                            • 405BSummary
                                                                                                                                                                                                                                                                                                                                                                                                                            • 406BSummary
                                                                                                                                                                                                                                                                                                                                                                                                                              • 208BSection 5 Survey results
                                                                                                                                                                                                                                                                                                                                                                                                                              • 209BNominated Participants by jurisdiction invited to participate in the Survey
                                                                                                                                                                                                                                                                                                                                                                                                                              • 210BESDEBFM Survey Questions
Page 2: Review of the scope, assessment methods and management

Author Webb Helen Title Review of the scope assessment methods and management responses for fisheries ESD and EBFM in Australia Helen Webb Tony Smith ISBN 9781921232916 (hbk) Series FRDC Report 2004101 Notes Bibliography Subjects Fishery management--Australia Fisheries--Environmental aspects--Australia Sustainable fisheries--Australia Fishes--Conservation--Australia Marine ecosystem management--Australia Other AuthorsContributors Smith Tony (Anthony David Milne) 1954- Fisheries Research and Development Corporation (Australia) CSIRO Dewey Number 333956170994 copy Fisheries Research and Development Corporation and Commonwealth Scientific and Industrial Research Organisation (2008) This work is copyright Except as permitted under the Copyright Act 1968 (Cth) no part of this publication may be reproduced by any process electronic or otherwise without the specific written permission of the copyright owners Neither may information be stored electronically in any form whatsoever without such permission

The Fisheries Research and Development Corporation plans invests in and manages fisheries research and development throughout Australia It is a statutory authority within the portfolio of the federal Minister for Agriculture Fisheries and Forestry jointly funded by the Australian Government and the fishing industry

Formatteddesigned by [Lousie Bell CSIRO CMAR Hobart Tasmania] Printed by Print Applied Technology Pty Ltd Hobart Tasmania

CONTENTS

ACRONYMS

NON TECHNICAL SUMMARY 71 FRDC Proposal 2004101 74 Review of the scope assessment methods and management responses for Fisheries ESD and EBFM in Australia 74

Background 74 Need 75 Objectives 75 Methods 76 Results 76 Benefits 76 Intellectual property 77 Staff 77

SUMMARY OF REVIEW 78 Introduction 78 Methods 79 Review summary 710 1 A snapshot of experience and approaches since the last review from 1998 to 2006 710

11 Implications and recommendations from the ESD Review 1998 710 12 Work undertaken by ESD subprogram since 1998 review 711 13 Governance and the responses to key issues 714

2 Review of the strategic assessment methods under EPBC Act and management approaches 715

21 Strategic assessment process under the EPBC Act 715 22 Management approach adopted by the fisheries agencies 717

3 Review of the management responses to ESD and EBFM 718

31 The ESDEBFM Survey 718 32 How fisheries management responses have changed with regard to ESDEBFM from 1998-2006 719

33 The status of fisheries management responses to ESDEBFM in 2006 720 34 Further development needs over the next six years from 2006 to 2012 to facilitate the implementation of ESDEBFM 722

40 Recommendations for the most appropriate next steps 725

1 DESKTOP REVIEW OF THE SCOPE OF ESD AND EBFM IN AUSTRALIA 730 11 ESDEBMEBFM review of international agreements policies and defining documents 730

111 Ecological Sustainable Development (ESD) 730

112 Ecosystem Based Management (EBM) the concept 730 113 Ecosystem Based Fisheries Management (EBFM) 731

12 EBFM and other similar approaches to address broader ecosystem issues for fisheries 739

121 Integrated Coastal Management and Large Marine Ecosystems Management 740 122 Multiple Use Management 740 123 Integrated catchment management ndash from land to sea 741 124 Environmental management systems 741 125 Codes of conductpractice 742 126 Accreditation schemes 742 127 Co-management and consultation mechanisms (government agencies industry fisheries) 743 128 ESD subprogram approach to Ecosystem Based Management (EBM) and other related systems 744

13 ESDEBFM in Australia a national response 745 131 Australia regional and bilateral responses 745 132 Australia national response 746 133 NSESD 1992 747 134 Australiarsquos Exclusive Economic Zone (1994) 747 135 Australiarsquos Ocean Policy 748 136 Environment Protection and Biodiversity Conservation (EPBC) Act 1999 751 137 Looking to the future a review of Commonwealth fisheries policy 753 138 Ministerrsquos announcement for Securing our Fishing Future package for Commonwealth fisheries (2005) 753 139 AFMArsquos response to the Ministerrsquos directive 758 1310 Capability and capacity building 759

14 Fisheries policy initiatives and mitigation measures 762 141 Department of Agriculture Fisheries and Forestry 762 142 The Department of the Environment Water Heritage and the Arts 766

15 Australian fisheries management 769 151 AFMA Commonwealth fisheries 769 152 State and Territory fisheries 771 153 EBFM key fisheries management concepts 772

2 REVIEW OF THE ASSESSMENT METHODS OF ESD AND EBFM IN AUSTRALIA 795 21 Review of fishery assessment reports by fishery agencies and by DEWHA for Strategic Assessments under the EPBC Act 795

211 Environment Protection and Biodiversity Conservation (EPBC) Act 1999 795 212 Review of State and Commonwealth submissions to DEWHA 796 New South Wales fisheries 797 Northern Territory fisheries 799 Queensland fisheries 7101 South Australian fisheries 7103 Tasmanian fisheries 7105 Victorian fisheries 7107 Western Australian fisheries 7109 Commonwealth fisheries 7112

213 DEWHA Assessment of fisheries 7115 22 Review and report on the major issues raised from the EPBC strategic assessment process for ESD and EBFM 7117

221 Background 7117 222 Review of the first round of EPBC assessment process 7117 MCCN Survey 7117 223 AFMFDEWHA review lessons learnt and possible future directions 7121 224 Reassessments AFMFDEWHA working group 7125

23 AFMF national research priorities for 2006-08 7125 231 Background 7125 232 National fisheries management research priorities 2006 to 2008 7126

3 REVIEW OF THE MANAGEMENT RESPONSES TO ESD AND EBFM IN AUSTRALIA 7128 31 The ESDEBFM Survey 7128

311 Background 7128 312 Technical 7129 313 Limitations on interpreting results 7129

32 Summary of survey results ndash Section 2 7129 321 Progress towards incorporating ESDEBFM operational measures into policy planning legislation and management arrangements for environmental economic social and governance components 7129 322 Indications of where performance indicators and benchmarks wereare being used for environmental economic social and governance components 7131 323 Levels of confidence in managing the environmental economic social and governance components under ESDEBFM principles 7133

33 Section 3 Survey results 7136 331 Use of assessment and management tools 8136 332 Usefulness of current ESDEBFM reporting frameworks 8137 333 Issues of fitoverlapduplication between fishery policy initiatives bioregional plans Commonwealth and State processes 8139

34 Section 4 survey results 8142 341 The key issueschallenges for implementation of ESDEBFM (environmental economic social governance) 8142 342 What management and assessment tools will need to be available and in routine use by 2012 (environmental economic social governance) 8143 343 Possible bottlenecks for successful implementation of ESDEBFM 8145 344 Cost implications of implementing ESDEBFM for fisheries (both time and money) 8146 345 The data analysis research and decision support needs to properly implement ESDEBFM 8148

35 Section 5 Survey results 8151 351 Recommendations to better achieve ESDEBFM for fisheries in Australia 8151 352 Other comments concerns issues or suggestions concerning the implementation of ESDEBFM 8152

REFERENCES 8154

APPENDIX A REVIEW OF THE ASSESSMENT METHODS OF ESD AND EBFM IN AUSTRALIA 8159

EPBC The structure of the Act 8159 Biodiversity conservation 8159 Enforcement and administration 8159 Environmental assessment and approval 8160 ESD Reporting and review 8160 Enforcement 8160

EPBC Principles and objectives 8161 Principle 1 8161 Principle 2 8162

Assessment of Fisheries 8164 Accreditation Benchmarks for the Environmental Assessment of Fisheries 8165 Terms of Reference for Environmental Assessment of Fisheries 8165 Fishery agency submissions and DEWHA assessments 8168 State Fisheries 8170 New South Wales Fisheries 8170 The NSW Abalone Fishery an example 8171 Part 1 NSW DPI Submission to DEWHA (September 2005) 8171

NSW DPI submission to DEWHA in more detail 8172 Legislation Acts 8173 Management 8173 Assessment 8175 Monitoring and Performance 8178 Reporting 8181 Research 8181 Consultation 8182 Supporting documentsreports (NSW DPI) 8183 References 8183

Part 2 DEWHA Assessment Abalone Fishery 8184 Northern Territory Fisheries assessments 8188 NT Spanish Mackerel Fishery an example 8188 Part 1 NT DPIFM submission to DEWHA (May 2002) 8188

NT DPIFW Submission to DEWHA in more detail 8189 Legislation Acts 8189 Management 8190 Assessment 8191 Monitoring performance indicators and trigger points 8192 Reporting 8195 Research 8195 Consultation 8197 Supporting documentsreports (NT DPIFM) 8197 References 8197 Part 2 DEWHA assessment of the NT Spanish Mackerel Fishery 8198

Queensland fisheries 8201 The QLD Coral Reef Fin Fish Fishery an example 8201

Part 1 QLD DPI submission to DEWHA (19 July 2005) 8201 QLD (DPI) submission to DEWHA in more detail 8203 Legislation Acts 8203 Management 8204 Assessment 8207 TEP 8209 Monitoring and Performance 8210 Reporting 8212 Research 8213 Consultation 8214 Supporting documentsreports (QLD DPI) 8215 References 8215 Part 2 DEWHA Assessment of the QLD Coral Reef Fin Fish Fishery 8216

South Australian fisheries 8220 The SA Lakes and Coorong Fishery an example 8220 Part 1 SA PIRSA submission to DEWHA (September 2005) 8220

SA (PIRSA) submission to DEWHA in more detail 8222 Legislation Acts 8222 Management 8222 Assessment 8226 Monitoring and performance 8229 Reporting 8244 Research 8245 Consultation 8245 Supporting documentationreports 8246 References 8246

Part 2 DEWHA assessment SA Lakes and Coorong fishery 8248 Tasmanian fisheries 8251 The Tasmanian Giant Crab Fishery an example 8251 Part 1 TAS (DPIW) submission to DEWHA (April 2006) 8251

TAS (DIPW) submission to DEWHA in more detail 8253 Legislation Acts 8253 Management 8253 Assessment 8256 Monitoring 8260 Reporting 8262 Research 8263 Consultation 8263 Reportssupporting documentation 8264 References 8264

Part 2 DEWHA Assessment Giant Crab Fishery Department of the Environment and Heritage assessment report (July 2006)helliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphelliphellip 8266 Victorian fisheries 8270 The VIC Abalone Fishery an example 9270 Part 1 VIC (DPI) submission to DEWHA (April 2001) 9270

VIC (DPI) submission to DEWHA in more detail 9272 Legislation Acts 9272 Management 9272 Assessment 9274 Monitoring and performance 9277 Reporting 9283

Research (source Victorian Abalone Fishery Management Plan (March 2002) 9283 Consultation 9284 Supporting documentsreports (VIC DPI) 9285 References 9285

Part 2 DEWHA Assessment 9286 Western Australian Fisheries 9289 The WA Fisheries Western Rock Lobster Fishery an example 9289 Part 1 WA fisheries submissions to DEWHA (October 2001) 9289

WA Fisheries submission to DEWHA in more detail 9291 Legislation Acts 9292 Management 9293 Assessment 9295 Monitoring and performance 9297

OVERVIEW TABLE examples 9299 Reporting 9303 Research 9304 Consultation 9305 Supporting documentsreports 9306 References 9307

Part 2 DEWHA Assessment 9308 Commonwealth fisheries 9312 AFMA Eastern Tuna and Billfish Fishery an example 9313 Part 1 Commonwealth (AFMA) submission to DEWHA 9313

AFMA submission to DEWHA in more detail 9314 Legislation 9314 Management 9315

Assessment 9323 Monitoring and performance 9325 Reporting 9329 Research 9329 Consultation 9332 Supporting documents and reports 9333 References 9333

Part 2 DEWHA assessment of the fishery 9334

APPENDIX B REVIEW OF THE MANAGEMENT RESPONSES TO ESD AND EBFM IN AUSTRALIA 9341

Survey analysis and results 9341 The ESDEBFM Survey 9341 Section 2 Survey results 9342 Section 3 Survey results 9353 Section 4 Survey results 9362 Section 5 Survey results 9371 Nominated Participants by jurisdiction invited to participate in the Survey 9377 ESDEBFM Survey Questions 9380

ACKNOWLEDGEMENTS 9387

ACRONYMS

ABARE Australian Bureau of Agricultural and Resource Economics AFMA Australian Fisheries Management Authority AFMF Australian Fisheries Management Forum AFZ Australian Fishing Zone ALGA Australian Local Government Association AMCS Australian Marine Conservation Society BAPs Bycatch Action Plans BRS Bureau of Rural Science BSCZSF Bass Strait Central Zone Scallop Fishery CAR Comprehensive Adequate and Representative CBD Convention on Biological Diversity

CCAMLR Convention on the Conservation of Antarctic Marine Living Resources

CCI Coastal Catchments Initiative CCSBT Conservation of Southern Bluefin Tuna CFA Commercial Fishers Association CMR Commonwealth Marine Reserves CPUE Catch Per Unit Effort CSA Canadian Standards Association CSIRO Commonwealth Scientific and Industrial Research Organisation DAFF Department of Agriculture Fisheries and Forestry DEWHA Department of the Environment Water Heritage and the Arts DoFWA Department of Fisheries Western Australia DPI Department of Primary Industries DPIampF Department of Primary Industries and Fisheries EA Ecosystem Approach EAF Ecosystem Approach to Fisheries EBFM Ecosystem Based Fisheries Management EBM Ecosystem Based Management ECDZ East Coast Deepwater Zone EEZ Exclusive Economic Zone EIAs Environmental Impact Assessments EIS Environmental Impact Statements EMA Ecosystem Management Approach EMAS European Eco-Management and Audit Scheme EMS Environmental Management System EPAP Ecosystem Principles Advisory Panel EPBC Environment Protection and Biodiversity Conservation ERACF Ecological Risk Assessment for Commonwealth Fisheries ERAs Ecological Risk Assessments ERM Ecological Risk Management ESD Ecologically Sustainable Development ESDRA Ecologically Sustainable Development Reporting and Assessment FAO UN Food and Agriculture Organisation FEPs Fisheries Ecosystem Plans FFA Forum Fisheries Agency FMCs Fishery Management Committees FMPs Fishery Management Plans FMS Fishery Management Strategy FRABs Fisheries Research Advisory Board

FRDC Fisheries Research and Development Corporation FRRF Fisheries Resource Research Fund FV Fisheries Victoria GABTF Great Australian Bight Trawl Fishery GHATF Gillnet Hook and Trap Fishery GIS Geographical Information Systems HSMPAs High Seas Marine Protected Areas ICAG Intergovernmental Coastal Advisory Group ICM Integrated Coastal Management ICZM Integrated Coastal Zone Management IISD International Institute for Sustainable Development IMCRA Integrated Marine and Coastal Regionalisation for Australia IOM Integrated Oceans Management IOTC Indian Ocean Tuna Commission IPOA International Plans of Action ISO International Organisation for Standardisation ITQs Individual Transferable Quotas LME Large Marine Ecosystems MACC Marine and Coastal Committee MACs Management Advisory Committees MCCN Marine and Coastal Community Network MPAs Marine Protected Areas MSC Marine Stewardship Council MSE Management Strategy Evaluation MSY Maximum sustainable Yield MUM Multiple Use Management NES National Environmental Significance NGOs Non Government Organisations NPF Northern Prawn Fishery NPOA National Plans of Action NRMMC National Resource Management Ministerial Council NRMSC National Resource Management Standing Committees NRPPC The Natural Resource Policies and Programs Committee NRSMPA National Representative System of Marine Protected Areas NSESD NationalStrategy for Ecologically Sustainable Development NSSG National Seal Strategy Group NWQMS 0National Water Quality Management Strategy OCS Offshore Consitutional Settlement OSY Optimum sustainable Yield RAGs Research Assessment Groups RFBs Regional Fisheries Boards RSPs Regional Seas Programs SAGs Scientific Advisory Groups SCFA Standing Committee on Fisheries and Aquaculture SEA Strategic Environmental Assessments SESSF Southern and Eastern Scalefish and Shark Fishery SETF South East Trawl Fishery SoE State of the Environment SPREP South Pacific Regional Environment Programme TAC Total Allowable Catch TAE Total Allowable Effort TAPs Threat Abatement Plans TEPs Threatened Endangered and Protected species

UNCED United Nations Conference on Environment and Development UNCLOSC United Nations Convention on the Law of the Sea UNFSA United Nations Fish Stocks Agreement VIT Victorian Inshore Trawl VMS Vessel Monitoring Systems WCPFC Western and Central Pacific Fisheries Commission WECD World Commission on Environment and Development WRL Western Rock Lobster WSSD World Summit on Sustainable Development WTO Wildlife Trade Operations WWF World Wildlife Fund

NonTechnical Summary 1

NON TECHNICAL SUMMARY

Review of the scope assessment methods and management responses for Fisheries Ecologically Sustainable Development (ESD) and Ecosystem Based Fisheries Management (EBFM) in Australia Fisheries Research and Development Corporation (FRDC) Report 2004101 Principal Investigator Helen Webb Research Scientist CSIRO Division of Marine Research GPO Box 1538 Hobart TAS 7001 Tel 03 6232 5003 Fax 03 6232 5053 Objectives 1 Compare and contrast the scope principles and criteria of fisheries ESD

and EBFM

2 Review and report on the major issues raised from the Environment Protection and Biodiversity Conservation (EPBC) strategic assessment process for ESD and EBFM and implications for research and development

3 Review the recent developments in fishery assessment methods indicators and benchmarks used in Fisheries ESDEBFM assessments and their state of development and develop agreed directions on future assessment processes by end users (ie fishery regulators and DEWHA)

4 Review the response by fishery management agencies and Fisheries Research Advisory Board (FRABs) to the fisheries ESDEBFM assessment methods their status development and future directions and identify gaps and implications for research and development

5 Identify possible bottlenecks for implementation and cost implications to fisheries

6 Develop and deliver presentations and lsquoplain Englishrsquo written summaries of the results of the review to Commonwealth and State fisheries depts and other relevant Commonwealth agencies

Background In 1997 the FRDC Board initiated a review of ESD application across jurisdictions (FRDC Project 98168) and later worked with the Standing Committee on Fisheries and Aquaculture (SCFA) to develop a national approach to ESD in fisheries Following on from this project the FRDC Board suggested that a national review be conducted of the scope assessment methods and management responses for Fisheries ESD and EBFM and to clarify understanding of the relationship between fisheries ESD and other similar approaches or terms This review would provide an opportunity to repeat the national lsquosnapshotrsquo of experience and approaches across jurisdictions (provided by Project 98168) for the period from 1998 to 2006

2

Summary of Implications and Recommendations for Research and Development A key finding of this study is a widespread view that there is an ongoing need for a national forum to coordinate approaches to EBFM Such a national forum should bring together a range of stakeholders involved in the development and implementation of EBFM including fishery managers industry environmental agencies and Non Government Organisations (NGOs) and various disciplinary experts The need for and focus of such a national forum is categorised under the following four headings

Coordination and consistency

The need for improvements in coordination and consistency in approach across fisheries jurisdictions and departments was a key finding of this review

bull Apply to the extent possible a consistent approach to EBFM across all jurisdictions to coordinate management of shared resources and cumulative impacts and to assist in national reporting

bull Coordinate and collaborate across fisheries and between jurisdictions to optimise research and development costs and time

bull Integrate and streamline where possible processes and reporting requirements to overcome the identified issues of fit overlap and duplication

bull Identify regional marine planning (State and Commonwealth) requirements and explore whether it would be worthwhile to amend current ESDEBFM reporting frameworks to accommodate these needs and

bull Work with Department of the Environment Water Heritage and the Arts (DEWHA) to ensure fisheries-relevant and consistent approaches to strategic assessments

Tools development

There are considerable variations in use of assessment and management tools by ESD components and variations within and between jurisdictions in use of assessment and management tools

bull Develop a plan for further development of indicators and reference points focusing first on those areas where least progress has been made The general pattern for application use and confidence by component from highest to lowest was

- target species - byproduct bycatch TEPs species and governance as a group - habitats ecosystemscommunities and economic as a group - social component

bull Develop a suite of tools (tool box) for monitoring assessment and decision support spanning from rapid qualitative methods through to full quantitative approaches and

NonTechnical Summary 3

bull Clarify why there is a difference in perception between researchers and managers on the adoption of tools for EBFM

Resources and capacity

A key issuechallenge for implementation of ESDEBFM across all jurisdictions is the need for adequate resources (funding and people) and data analysis research and decision support

bull Identify efficient and cost-effective solutions to address data information research and decision support needs and

bull Provide a framework that allows effective prioritisation across competing demands for resources to support implementation of ESDEBFM

Training and communication

Closely linked to capacity is the need for education and training for fisheries managers industry and researchers to enable them to develop a set of skills that better match the expected roles and responsibilities necessary for implementing EBFM

bull Expand existing training programs both at tertiary level and for current fisheries managers peak bodies and advisory groups to meet specific needs of implementing ESDEBFM and

bull Build on lessons learned from ESD Sub-program to improve communication of principles and practice of ESDEBFM

Implementation of these recommendations would require careful coordination at two levels First the continuation of a high level national process and forum involving key stakeholders in policy management industry environmental NGOs and key government agencies Second a smaller adequately resourced and more dedicated team tasked with implementation and coordination of key recommendations Such an approach is most likely to address the issue of consistency of processes and approaches within and between jurisdictions make best use of limited funding for the development of tools and meeting data and research needs identify capacity shortfalls and bottlenecks and create a coherent way forward within realistic timeframes

4

FRDC Proposal 2004101

Review of the scope assessment methods and management responses for Fisheries ESD and EBFM in Australia

Background

There has been increasing focus and emphasis on the ecological sustainability of human development including development involving fisheries in the last several decades However in the last decade a potentially confusing range of different names and concepts are being used to describe and guide this The concept and term sustainable development originated in the World Commission on Environment and Development (1984-1987) and meant development that meets the needs of the present without compromising the ability of future generations to meet their own needs In Australia this concept was elaborated in the early 1990s and adopted as Ecologically Sustainable Development (ESD) The principles of ESD have been agreed on by all governments in Australia through the Intergovernmental Agreement on the Environment They are included in the fisheries management legislation of all Australian jurisdictions and they are the basis of assessments of fisheries under the Australian Environment Protection and Biodiversity Conservation Act 1999 (EPBC) In the last few years however individual nations and international agreements that include Australia have developed different names and approaches to address sustainable development and to ensure that broad ecological considerations are included in fishery management For example the Ecosystem Principles Advisory Panel (EPAP1999) provided definitions and principles for Ecosystem Based Fishery Management (EBFM) and this term is widely used internationally and by environmental NGOs (eg World Wildlife Fund (WWF) 2002) The Reykjavik Declaration on Responsible Fisheries in the Marine Ecosystem (2002) endorsed the Ecosystem Approach to Fisheries (EAF) and the UN Food and Agriculture Organisation (FAO 2003) provided agreed definitions and guidance on EAF for fishery management plans and implementation The approaches developed through implementation of Australiarsquos Oceans Policy emphasise the Ecosystem Based Management (EBM) as providing the goals of management and Integrated Oceans Management (IOM) as providing the mechanisms and governance for management The Marine and Coastal Committee is currently developing nationally agreed goals and frameworks for IOM in both coastal and oceanic regions including in a fisheries context the integrated management of different fisheries in the same region So in relation to fisheries management the terms ESD EBFM EAF EBM and IOM are all in active circulation and there is both actual and potential confusion about exactly how they relate or differ

Against this background Australia now has considerable experience with reporting assessment and management of fisheries against ESD objectives In 1997 the FRDC Board initiated a review of ESD application across jurisdictions (FRDC Project 98168) and later worked with the Standing Committee on Fisheries and Aquaculture (SCFA) to develop a national approach to ESD in fisheries As a result a major project was established (FRDC Project 2000145) to develop and road-test a national ESD reporting framework and methodology The road-test involved fisheries from all jurisdictions and all of the major fishery types The ESD Reporting project (Project

FRDC proposal 5

2000145) has developed and made available a number of products including a reporting framework and a lsquohow torsquo guide (see wwwfisheries-esdcom) on its use The approach has been used by several Australian fishery jurisdictions particularly Western Australia and the Marine and Coastal Committee (MACC) recently endorsed the method for use A follow up project (FRDC 2002086) was funded to develop a project to turn the reporting framework into an assessment framework

The resulting proposal ldquoNational ESD in fisheries ndash integration and assessmentrdquo was submitted but not funded Instead the FRDC Board suggested that a national review be conducted of the scope methods and management responses in relation to the experience with ESD assessments and to clarify understanding of the relationship between fisheries ESD and other similar approaches or terms This suggested review would provide an opportunity to repeat the national lsquosnapshotrsquo of experience approaches and intentions provided by Project 98168 but with a great deal more experience to review

Need

In the past about six years there has been a huge investment in developing and conducting ESD reports and assessments and in management actions to implement fisheries ESD This includes ESD reporting assessment and management by the fishery agency in each jurisdiction and from the ESD assessments conducted by the Department of the Environment Water Heritage and the Arts (DEWHA) to implement the EPBC Act Many approaches have been tried and many fisheries have been involved While this experience is somewhat scattered it provides practical guidance about the scope of fisheries ESD the assessment methods the indicators and benchmarks the management responses the research and development needs and response and bottlenecks to progress in implementation In addition the last few years has seen a proliferation of names and concepts develop in relation to addressing the broader ecosystem issues of fisheries

Fisheries agencies individually and collectively through the MACC and the Australian Fisheries Management Forum are seeking clarity on the scope of fisheries ESD in relation to other concepts and terms that bring broader ecosystem considerations into fisheries And they are actively considering the most appropriate next steps in the evolution and achievement of ESD be it consolidation on some or all of the current approaches andor development of new approaches The project proposed here will review the current experience to inform that decision making

Objectives

1 Compare and contrast the scope principles and criteria of fisheries ESD and EBFM

2 Review and report on the major issues raised from the EPBC strategic assessment process for ESD and EBFM and implications for research and development

3 Review the recent developments in fishery assessment methods indicators and benchmarks used in Fisheries ESDEBFM assessments and their state of development and develop agreed directions on future assessment processes by end users (ie fishery regulators and DEWHA)

6

4 Review the response by fishery management agencies and FRABs to the fisheries ESDEBFM assessment methods their status development and future directions and identify gaps and implications for research and development

5 Identify possible bottlenecks for implementation and cost implications to fisheries

6 Develop and deliver presentations and lsquoplain Englishrsquo written summaries of the results of the review to Commonwealth and State fisheries depts and other relevant Commonwealth agencies

Methods

1 Desktop review of the scope of ESD and EBFM in Australia Review of international and national agreements policies and defining documents Review concepts and approaches in Commonwealth and State fisheries departments and other relevant Commonwealth agencies (eg DEWHA) Outcomes from the desktop review will be documented 2 Desktop review of the assessment methods of ESD and EBFM in Australia Review of Strategic Assessments under the EPBC Act Fishery assessment reports by fishery agencies submitted to DEWHA Assessment by DEWHA of the fishery submissions and the Ministerial decision conditions and recommendations Outcomes from the desktop review will be documented 3 Review of the management responses to ESD and EBFM in Australia Review of fishery management agency research agency and FRDC responses The review would be on the basis of compiling and reviewing the key documentation and a survey Identify a possible strategic approach to achieve EBFM for fisheries in Australia Outcomes from the desktop review and survey will be documented

Results

During the course of the project the consultation processes with the ESD subprogram as key end users will include presentingproviding reports to the ESD subprogram atfor their steering committee meetings to facilitate sign off on the final product Presentations will be made to all relevant agencies Drafts of the final report will be provided to all fishery regulatory agencies and DEWHA for review comment and agreement including specific recommendations for inclusion in the final report Final presentations and written material will be made available through the ESD subprogram website

Benefits

Improved understanding of the status approach and application of EBFM in all of Australiarsquos jurisdictions Commonwealth states and territories Provide clarity on the scope of fisheries ESD and EBFM and in relation to other concepts and terms that bring broader ecosystem considerations into fisheries and an understanding of the fishery management response to ESD and EBFM nationally and in each jurisdiction and the flow of benefits to all Commonwealth and State and Territory fisheries

FRDC proposal 7

Intellectual property

There is no owned intellectual property in this report

Staff

Principal Investigator Helen Webb Scientist EBFM Tony Smith Senior Scientist EBFM

8

SUMMARY OF REVIEW

Introduction The concept and term lsquosustainable developmentrsquo originated in the World Commission on Environment and Development (1984 to 1987) and meant development that meets the needs of the present without compromising the ability of future generations to meet their own needs In Australia this concept was elaborated in the early 1990s and adopted as Ecologically Sustainable Development (ESD) The National Strategy for ESD (NSESD) was released in 1992 and since then Ecologically Sustainable Development (ESD) has been the accepted basis for management of natural resources in Australia The goal of the NSESD is lsquodevelopment that improves the total quality of life both now and in the future in a way that maintains the ecological processes on which life dependsrsquo Ecological Sustainable development (ESD) has been accepted as the foundation for the management of natural resources in Australia since 1992 During the 1990s all Australian governments incorporated the goals and principles of ESD into new or amended fisheries Acts

Since then internationally the concept of Ecosystem Based (EBM) and Ecosystem Based Fisheries Management (EBFM) has been introduced The Reykjavik Declaration on Responsible Fisheries in the Marine Ecosystem (2002) endorsed the Ecosystem Approach to Fisheries (EAF) and the FAO (2003) provided agreed definitions and guidance on EAF for fishery management plans and implementation Two key outcomes from 2002 World Summit on Sustainable Development (WSSD) were to encourage the application by 2010 of the ecosystem approach for the sustainable development of the oceans and on an urgent basis and where possible by 2015 maintain or restore depleted fish stocks to levels that can produce the maximum sustainable yield

According to the FAO (2003) Ecosystems Approach to Fisheries (EAF) builds on the concept of sustainable development Pitkich et al (2004) view the overall objective of EBFM is to sustain healthy marine ecosystems and the fisheries they support To achieve this objective EBFM will need to avoid degradation of ecosystems environmental quality and systems minimise the risk of irreversible changes to natural species assemblages and ecosystem processes to balance long-term socio economic benefits without compromising ecosystems develop an understanding and knowledge of ecosystem responses to the impacts of human activities and under circumstances where knowledge and understanding is limited robust and precautionary fishery management measures should be to applied

In response to these international initiatives Australiarsquos Oceans Policy was released in 1998 The policy provides a framework for integrated and ecosystem based planning and management of Australiarsquos oceans and fisheries In 2005 the Australian Government brought its programs of regional marine planning directly under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) The plans will be known as Marine Bioregional Plans to reflect the part of the EPBC Act under which they will be established This initiative gives new impetus for the implementation of Australiarsquos Oceans Policy by streamlining the planning process and providing greater guidance about marine environment conservation priorities The

Summary of review 9

process includes the identification and establishment of marine protected areas (MPAs) in the Commonwealth managed waters around Australia (which excludes the coastal waters managed by the states and Northern Territory)

The Environment Protection and Biodiversity Conservation (EPBC) Act 1999 commenced on 16 July 2000 The aim of the Act is to provide an effective framework for environmental protection and conservation of Australian biodiversity It enables the Commonwealth states and territories to take a national approach to environmental protection and biodiversity conservation The Commonwealth takes responsibility for leadership on the environment and the states take responsibility for delivering on-ground resource management The legislation provides a framework that will enable the Australian Government to ensure that any harvesting of marine species is managed for ecologically sustainability

In 2005 Ministerrsquos announcement for Securing our Fishing Future package for Commonwealth fisheries The $220 million Securing our Fishing Future package was announced in November 2005 and was designed to deliver profitable and sustainable Commonwealth fisheries for the future The package included three key features

bull The 1Australian Fisheries Management Authority will introduce new fisheries management actions to ensure Commonwealth-managed fisheries remain sustainable 2Future Operating Environment for Commonwealth Fisheries

bull The Marine Protected Areas (MPAs) in the South-East Marine Region which have been developed by the 3Department of the Environment and Heritage to protect marine biodiversity and

bull Department of Agriculture Fisheries and Forestry (DAFF) is responsible for the development of policy and administration of the $220 million 4fisheries structural adjustment package This includes elements of the Securing our Fishing Future package such as Business Exit Assistance Business Advice Assistance Assistance for Skippers and Crew Onshore Business Assistance Fishing Community Assistance and the AFMA Levy Subsidy

Methods In 1997 the FRDC Board initiated a review of ESD application across jurisdictions (FRDC Project 98168) the result from that project was the report Current use and development of sustainability indicators to measure performance of Australian fisheries against ESD objectives This review of the scope assessment methods and management responses for Fisheries ESD and EBFM in Australia was requested by FRDC and is a follow up study to Project 98168 to compare (1998 benchmark) and contrast the scope principles and criteria of fisheries ESD and EBFM

The review was undertaken in three parts as follows

bull Desktop review of the scope of ESD and EBFM in Australia bull Desktop review of the assessment methods of ESD and EBFM in Australia and bull Survey review of the management responses to ESD and EBFM in Australia

10

A milestone report was prepared for each of the three reviews and was forwarded to the ESD Working Group for review and comment Progress on the project was also presented at the ESD Working Groups meetings

Review summary The review summary is presented in this section and will provide

1 A snapshot of experience and approaches since the last review from 1998 to 2006 bull Implications and recommendations for the ESD review 1998 bull Work undertaken by ESD subprogram since 1998 review bull Governance and responses to key issues and bull How fisheries management responses have changed with regard to

ESDEBFM within jurisdictions from 1998 to 2006

2 Review of strategic assessments under EPBC Act bull Strategic assessment process under the EPBC Act bull Management approach adopted by the fisheries agencies and bull Monitoring performance indicators decision rules

3 The status of fisheries management responses to ESDEBFM within jurisdictions in 2006 bull Use of assessment and management tools bull Usefulness of current ESDEBFM reporting frameworks and bull Issues of fitoverlapduplication between fishery policy initiatives

bioregional plan Commonwealth and State processes Further development needs over the next six years from 2006 to 2012 to facilitate the implementation of ESDEBFM bull Management and assessment tools needed to be available and in routine use

by 2012 bull The key issueschallenges for implementation of ESDEBFM and bull Other considerations

4 Recommendations for the most appropriate next steps

1 A snapshot of experience and approaches since the last review from 1998 to 2006

11 Implications and recommendations from the ESD Review 1998 Two outcomes from the 1998 review were suggested and recommended Firstly a need for a nationally coordinated research and development program on sustainability indicators The main aims of the program would be to develop the options for sustainability indicators and guidelines for their use that were acceptable to all

Summary of review 11

jurisdictions Secondly the development of a FRDC subprogram or similar for the coordination of initiatives across existing FRDC subprograms and to support a national research and development program The research and development program combined with SCFA processes would develop the guidelines and options for indicators and also the mechanisms for continuous learning The scientific content of the guidelines and options should be peer-reviewed nationally or if necessary internationally Four main areas needing research and development were frequently cited during the review These were

bull Define terminology and framework for indicators of ESD performance bull Capture experience nationally and internationally bull Develop guidelines for using of sustainability indicators and bull Develop and test options for sustainability indicators

12 Work undertaken by ESD subprogram since 1998 review The National fisheries ESD website (5httpwwwfisheries-esdcom) provides information on what is Ecologically Sustainable Development (ESD) or sustainable development (SD) by explaining the important aspects of ESD

bull 6Short History and Origins of ESD bull 7ESD and the Australian Government bull 8ESD and Fisheries bull 9ESD and Environmental Management Systems (EMS) and bull 1ESD Ecosystem Based Management (EBM) and other related systems

implementing ESD To demonstrate that ESD is being addressed requires an appropriate conceptual framework that maps out

bull How the general ESD objectives will be applied in the fisheries context bull The scope of the issues that will be addressed and bull How progress will be reported and assessed

A number of projects funded by the FRDC have been completed in developing conceptual frameworks and to assist with the implementation of ESD for fisheries and aquaculture These include projects to

bull develop reporting methods for ESD bull provide the tools to industry to improve their environmental performance bull assist the fishing industry to apply these tools and bull develop methods for ESD assessment

Guides

A comprehensive 1How to Guide has been completed for reporting on ESD for fisheries This was based upon a series of case studies completed in most jurisdictions and covering a wide variety of fisheries The information gathered in these case studies has also been published in a 1Technical Support Summary The work on concentrated on developing an assessment manual that summarised what was currently considered

12

acceptable andor Best Practice performance for the main types of species and fisheries operating in Australia The ESD Assessment Manual for Wild Capture Fisheries was completed in October 2003 A Social Assessment Handbook was also completed and released in July 2005

The intention was that the national reporting framework would be progressively applied to all Australian fisheries and become an integral part of fisheries management Although the primary goal was to assist and improve fisheries management the reporting framework is also intended to address an increasing number of environmental and other requirements imposed by legislation certification schemes and consumer and community demands

Risk assessment

Some form of risk assessment is used to make all management decisions This includes what needs to be managed and how much effort should be focused towards achieving adequate performance and avoiding undesirable events Initiatives such as ESD increased the requirement to use more formal techniques to complete these assessments due to the large number of potential issues and the impossibility of gaining a perfect understanding for any of these Added to this is the increased public scrutiny over the decisions made by natural resource managers Consequently the ESD Framework includes a qualitative risk assessment process to ensure that additional management actions and monitoring systems are implemented where necessary and only to an appropriate level

The Seafood Environmental Management System for the Fishing Industry

The lsquoSeafood EMSrsquo was a FRDC funded project completed by Seafood Services Australia Ltd (2005) It was designed to assist the fishing industry develop their own Environmental Management Systems (EMS) This system is based upon the National ESD framework and was designed to compliment this activity The system includes the tools that enable industry participants to achieve and demonstrate continual improvement in their environmental social and economic performance

Relationship of National ESD Reports with other reporting requirements

Changes to the legislation (or regulations) of Commonwealth agencies and non-fishery agencies within some jurisdictions also requires fisheries activities to be assessed against various aspects of ESD In addition there has been an increased focus on the potential for eco-labelling in the development or maintenance of (export) markets Consequently there are a large number of reasons why ESD assessments need to be completed but an even greater need to ensure that the reporting schemes developed are sufficiently comprehensive

The changes made to Commonwealth environmental legislation that has implications for fisheries as follow The change to the Wildlife Protection (Regulation of Exports and Imports) Act 1982 (which is now part of the revised Environment Protection and Biodiversity Conservation Act 1999) has resulted in the marine fish species which were previously exempt from any requirements under this legislation now having to undergo environmental assessment to determine if they can continue to be exported

Summary of review 13

Strategic assessment submissions to DEWHA are required against a set of guidelines for sustainable fisheries To assist completion of an assessment to DEWHA a useful method is to use the National ESD report as the general profile of the fishery and include a relatively short application to DEWHA as a lsquofront-endrsquo that specifically addresses each of their guidelines principles and objectives A generic DEWHA application lsquofront-endrsquo has been drafted This can be modified according to the specific circumstances of the fishery It is important to note that completing this application to Environment Australia should be a relatively quick activity if a National ESD report has already been completed

Ecologically Sustainable Development Glossary

Ecologically Sustainable Development (ESD) is a complex issue that is made more confusing by its large reliance on specialised terminology Therefore the development of standard definitions for ESD terms was considered necessary for the successful implementation of ESD reporting and assessment The Standing Committee on Fisheries and Agricultures Working Group and the ESD Reporting and Assessment Reference Group agreed on a set of definitions developed by the Bureau of Rural Sciences which are available on the website (httpwwwfisheries-esdcomcglossaryindexcfm)

Ecologically Sustainable Development publications

The Ecologically Sustainable Development publications that support the implementation of ESD are listed below and can be found on the national website 1httpwwwfisheries-esdcomcpubsindexcfm 1 Fletcher W J Chesson J Fisher M Sainsbury KJ Hundloe T Smith ADM and B Whitworth (2002) National ESD Reporting Framework for Australian Fisheries The lsquoHow Torsquo Guide for Wild Capture Fisheries FRDC Project 2000145 Canberra Australia 120pp

2 Whitworth B Chesson J Fletcher WJ Sainsbury KJ Fisher M Hundloe T and ADM Smith (2002) National ESD Reporting Framework for Australian Fisheries Technical Support Document ndash Ecological Components of the 20002001 Case Studies FRDC Project 2000145 Canberra Australia 98pp

3 Fletcher W J Chesson J Fisher M Sainsbury KJ Hundloe T Smith ADM and B Whitworth (2003) National Application of Sustainability indicators for Australian fisheries Final Report FRDC Project 2000145 48pp

4 Fletcher WJ Chesson J Sainsbury KJ Hundloe T Fisher M (2003) National ESD Reporting Framework for Australian Fisheries The ESD Assessment Manual for Wild Capture Fisheries FRDC Project 2002086 Canberra Australia 163pp

5 Fletcher WJ Chesson J Sainsbury KJ Fisher M amp T Hundloe (2004) A flexible and practical framework for reporting on sustainable development for wild capture fisheries Fisheries Research 71175-183

6 Fletcher WJ Chesson J Fisher M Sainsbury KJ and Hundloe TJ (2004) National ESD Reporting Framework The How To Guide for Aquaculture FRDC Project 20001451 Canberra Australia 85pp

7 Schirmer J and Casey AM 2005 Social Assessment Handbook A guide to methods and approaches for assessing the social sustainability of fisheries in Australia FRDC ESD Reporting and Assessment Subprogram Publication No 7 Fisheries Research and Development Corporation and Bureau of Rural Sciences Canberra 50pp

14

8 Fletcher WJ Chesson J Sainsbury KJ Fisher M Hundloe T (2004) ESD Reporting and Assessment Subprogram Development of Assessment Tools for the National ESD Framework ndash initial scoping exercise Final Report FRDC Project 2002086 Canberra Australia 16pp

9 Fletcher WJ (2005) ESD Reporting and Assessment Subprogram Strategic Planning project management and adoption Final Report FRDC Project 2001082 Canberra Australia

10 Schirmer J and Pickworth J 2005 Social impacts of the South Australian Marine Scalefish Fishery FRDC ESD Reporting and Assessment Subprogram Publication No 10 Fisheries Research and Development Corporation and Bureau of Rural Sciences Canberra 129pp

11 Schirmer J and Pickworth J 2005 Social assessment of commercial fishing in the East Gippsland region FRDC ESD Reporting and Assessment Subprogram Publication No 11 Fisheries Research and Development Corporation and Bureau of Rural Sciences Canberra 57pp

12 Fletcher WJ (2005) The application of qualitative risk assessment methodology to prioritise issues for fisheries management ICES Journal of Marine Science

13 Fletcher WJ (2005) A Guide to Implementing an Ecosystem Approach to Fisheries Management (EAFM) within the Pacific Region Forum Fisheries Agency Honiara Solomon Islands (in press)

14 Schirmer J (2005) ESD Reporting and Assessment Subprogram a social assessment handbook for use by Australian fisheries managers in ESD assessment and monitoring Final Report FRDC Project 2003056 Canberra Australia April 2005

15 Fletcher WJ (2006) Frameworks for managing marine resources using ecosystem approaches how do they fit together and can they be useful Bulletin of Marine Science (under review)

Other related ESD publications Nicholls J 2003 A Socio-Economic Valuation of Resource Allocation Options between Recreational and Commercial Sectors FRDC Project 2001065 Canberra Australia

Hundloe TJ (2002) Valuing Fisheries An Economic Framework University of Qld Press Queensland

Western Australian Fisheries ESD Reports

1Ecologically Sustainable Development (ESD) Report Series (ISSN 1447-3599)

13 Governance and the responses to key issues Internationally the key issues identified for fisheries governance and management regarding EBFM implementation include overfishing overcapacity and the related issue of government subsidies Sinclair et al (2002) argue that overfishing is often driven by overcapacity and without incentives for rationalisation under a rights based approach to fishing it is unlikely that overcapacity will be reduced Another key issue is that of illegal unreported and unregulated fishing (IUU) In Australia the issues of overfishing overcapacity and bycatch have been addressed at the policy level and at the fishery level through a number of different initiatives some of which refer specifically to Commonwealth fisheries and others which are relevant to both Commonwealth and State managed fisheries

Overfishing and overcapacity

bull Proposed harvest strategies policy bull Strategic assessments under the EPBC Act and bull The $220 million Securing our Fishing Future package was announced in

November 2005 and was designed to deliver profitable and sustainable Commonwealth fisheries for the future The package includes three key features

Summary of review 15

- The 1Australian Fisheries Management Authority will introduce new fisheries management actions to ensure Commonwealth-managed fisheries remain sustainable 1Future Operating Environment for Commonwealth Fisheries

- The Marine Protected Areas (MPAs) in the South-East Marine Region which have been developed by the 1Department of the Environment and Heritage to protect marine biodiversity

- DAFF is responsible for the development of policy and administration of the $220 million 1fisheries structural adjustment package This includes elements of the Securing our Fishing Future package such as Business Exit Assistance Business Advice Assistance Assistance for Skippers and Crew Onshore Business Assistance Fishing Community Assistance and the AFMA Levy Subsidy

Bycatch

bull Commonwealth Policy in Fisheries Bycatch (2000) to be implemented through fishery bycatch action plans

bull National Plans of Action (NPLOAs) for seabirds and sharks in response to UN Food and Agriculture Organisation (FAOs) International Plans of Action (IPOAs) and

bull Threat Abatement Plans (TAPs) for the incidental catch (or bycatch) of seabirds during oceanic longline fishing

Illegal unreported and unregulated fishing

bull National Plans of Action (NPLOAs) for illegal unreported and unregulated fishing in response to FAOs IPOAs and

bull In April 2006 as part of AFMAs new responsibilities for IUU a new office was opened in Darwin to provide further resources in dealing with the issue and provide greater deterrence

2 Review of the strategic assessment methods under EPBC Act and management approaches

This part of the review considers two aspects firstly the strategic assessment process under the EPBC Act and secondly the management approach adopted by the fisheries agencies Each of these is outlined below

21 Strategic assessment process under the EPBC Act The Environment Protection and Biodiversity Conservation (EPBC) Act 1999 commenced on 16 July 2000 The aim of the Act is to provide an effective framework for environmental protection and conservation of Australian biodiversity It enables the Commonwealth states and territories to take a national approach to environmental protection and biodiversity conservation Under the EPBC Act the Australian Government has consolidated its major environmental controls and effective from January 2002 the wildlife trade provisions previously implemented through the Wildlife Protection (Regulation of Imports and Exports) Act 1982 The legislation provides a framework that will enable the Australian Government to ensure that any harvesting of marine species is managed for ecologically sustainability The primary roles of the Sustainable Fisheries Section include the evaluation of the environmental

16

performance of fisheries for strategic assessment under Part 10 of the EPBC Act assessments relating to impacts on protected marine species (Part 13) and those required for approval of export of fisheries product (Part 13A)

The EPBC Act requires all Commonwealth managed fisheries to undergo strategic environmental impact assessments before new management arrangements are bought into effect and that all fisheries (Commonwealth and State and Territory) with an export component undergo assessment to determine the extent to which management arrangements will ensure that the fishery is managed in an ecologically sustainable way

A number of issues emerged from the EPBC strategic assessment process These included

bull Differences in submissions to DEWHA This review of strategic assessments under the EPBC Act includes an example of an agency submission to DEWHA from each jurisdiction and DEWHA assessment of the example fishery This review highlighted the diversity and complexity of Commonwealth State and Territory fisheries Strategic assessment submissions to DEWHA varied in approach and in addressing the EPBC guidelines (full details of example fishery submissions which highlight these differences can be viewed in Appendix A)

bull Review of the first round of EPBC assessments The Marine and Coastal Community Network (MCCN) undertook a short survey of a cross-section of fisheries stakeholders including the Australian Government and all the State agencies The purpose of the survey was to appraise the first round of the EPBC Act Fisheries Strategic Assessments The results were published in WAVES vol 12 (1) Spring 2006 A major issue highlighted was the cost in terms of time dollars and other resources required by fishery agencies in order to complete the strategic assessment submissions to DEWHA (summary results from the MCCN survey can be viewed in Section 2 of the review) and

bull AFMFDEWHA lessons learned from the first round issues related to fishery submissions to DEWHA the DEWHA assessment processes the Ministerrsquos decisions and recommendations and other issues such as variations in data and information sources across fisheries and clarity on for example demonstrating continuous improvement or application of the precautionary principle (details of these issues are in Section 2 of the review)

Reassessments AFMFDEWHA working group

In order to address the issues the Department of the Environment Water Heritage and the Arts (DEWHA) working group has Australian Fisheries Management Forum (AFMF) nominated representation The group was formed to assist DEWHA in the development of a reassessment process for the second round and beyond of fishery assessments under the EPBC Act The DEWHA working group has been responsible for responding to some of the issues for example providing more detailed guidance for the Guidelines A revised re-assessment approach was prepared for consideration by the Minister The amendments to the EPBC Act were passed by the Parliament on December 2006 The overarching objective of the proposed amendments is to maintain the Australian Governmentrsquos ability to protect the environment and in response to the issues raised

Summary of review 17

bull Provide a more effective efficient and strategic regulatory process for stakeholders

bull Reduce duplication in regulatory processes bull Increase the flexibility within Act processes bull Reduce administrative and compliance costs and bull Increase the effectiveness of the compliance regime

22 Strategic assessment submissions and management approaches adopted by the fisheries agencies Strategic assessment submissions and management approaches adopted by the fishery agencies for all jurisdictions were reviewed to assess the differences and similarities Example fisheries used for reviewing the strategic assessment process under the EPBC Act were presented as examples under the following headings (a summary is included in Section 2 and full details in Appendix A)

bull Legislation bull Management processes and measures such as

- Fishery Management Plans (FMPs) and regulations - codes of practice - co-management arrangements - fishery management strategies - harvest strategies - spatial management

bull Management assessment and decision making tools - stock assessments - Environmental Impact Statements (EIS) - risk assessments - economic social governance components

bull Monitoring performance indicators decision rules and observer programs bull Reporting requirements

- fishers - fisheries agencies

bull Research and bull Consultation arrangements

There were differences between jurisdictions in management approaches regarding management processes and measures and the use of management assessment and decision making tools However the focus of discussion here will be on performance indicators and decision rules Firstly the results and issues from the 1998 review will be presented and secondly outcomes from this current review

Use of performance indicators decision rules in 1998

There are two ways in which sustainability indicators can be and are being used in fisheries management First as a means to report progress in meeting ESD objectives and second as a basis for making decisions Use and development as reported in 1998 were

18

bull Target species sustainability indicators have been most fully developed for target species Ecosystemenvironmental indicators were generally listed as ldquounder developmentrdquo rather than in actual use

bull Economics objectives are recognised as being critically important in all commercial fisheries however there were almost no examples of reference points for economic indicators and few examples of their use in decision rules

bull Social objectives were recognised as important the response to developing and implementing indicators ranged from viewing that as a political rather than a fisheries management responsibility to including the social with economic indicators rather than as a separate indicator The main reason for these responses is the perceived difficulty in identifying useful indicators that can be measured and monitored and

bull Governance existing management plans provide some examples of performance indicators relating to process or governance While not indicators of the state of the fishery resource or environment they do indicate how well (or whether) aspects of the management plan are being implemented Issues covered include levels of participation in management processes development of specific aspects of the plan (such as bycatch strategies) and other process aspects of management (Sainsbury et al 1998)

Use of performance indicators decision rules in 2007

The use of performance indicators and decision rules from the survey results indicated that the general pattern of use by component from highest to lowest was

bull Target species component bull Byproduct bycatch TEPs species components as a group bull Governance bull Habitats ecosystemscommunities and economic components as a group and bull The social component

Although progress has been made the situation is similar to 1998 in terms of the development and operational use by component

3 Review of the management responses to ESD and EBFM

31 The ESDEBFM Survey Background A survey was sent to each jurisdiction to a nominated representative for management research and industry The purpose of the survey was to collect the relevant information to review the current experience and management responses for Fisheries ESD and EBFM in Australia for each jurisdiction This has been endorsed by AFMF and FRDC and will be used to inform future investment in development of tools to support ESDEBFM

Summary of review 19

This survey provided an opportunity for a national snapshot of assessment methods and management responses for Fisheries ESD and EBFM in Australia This is a follow up to the national lsquosnapshotrsquo of experience and approaches regarding ESD (FRDC Project 98168) in 1998 The survey was in 5 sections as below Section 1 provides a background Sections 2 to 4 ask questions regarding experience and management responses for Fisheries ESD and EBFM in Australia for each jurisdiction Section 5 relates to ESDEBFM implementation generally Section 1 Background jurisdiction and role in organisation Section 2 How fisheries management has changed with regard to ESDEBFM from 1998 to 2006 Section 3 Where we are now 2006 Section 4 What needs further development over the next 6 years from 2006 to 2012 Section 5 ESDEBFM provides an opportunity for further comments regarding ESDEBFM implementation across all jurisdictions

32 How fisheries management responses have changed with regard to ESDEBFM within jurisdictions from 1998-2006 Section 2 of the Survey explored how fisheries management responses have changed with regard to ESDEBFM within jurisdictions from 1998 to 2006 for the following areas of interest

bull Progress towards incorporating ESDEBFM operational measures into policy planning legislation and management arrangements for the environmental economic social and governance components of ESD

bull Indications of where performance indicators and benchmarks wereare being used for environmental economic social and governance components and

bull What wasis the level of confidence in managing the environmental economic social and governance components under ESDEBFM principles

Progress in application use and confidence was reported in all these areas from 1998 to 2006 However for both 1998 and 2006 there are variations of application use and confidence across the environmental economic social and governance components and within and between jurisdictions Overall the general pattern for application use and confidence by component from highest to lowest was

bull target species component bull byproduct bycatch TEPs species and governance components as a group bull habitats ecosystemscommunities and economic components as a group and bull the social component

It was interesting to note that for all areas there were differences between research and management views on levels of implementation The majority of research

20

responses considered implementation to be not as far advanced as the management responses reported

As a follow up it would be useful to find out the reason for these variations in application use and confidence in terms of

bull whether variations are related to particular issues within components or are these generic issues across components

bull whether variations are related to particular issues within jurisdictions or are these generic issues across jurisdictions and

bull why there is a difference in views between management and research on application use and confidence

33 The status of fisheries management responses to ESDEBFM within jurisdictions in 2006

Section 3 of the Survey aimed to establish the status of fisheries management responses to ESDEBFM within jurisdictions in 2006 with regard to the following areas of interest

bull Use of assessment and management tools bull Usefulness of current ESDEBFM reporting frameworks and bull Issues of fitoverlapduplication between fishery policy initiatives bioregional

plans Commonwealth and State processes

Use of assessment and management tools

For all jurisdictions in 2006 there is a wide variation in use of assessment and management tools across components and within and between jurisdictions The use of assessment and management tools varied by type in terms of those tools most used and those least used Overall for all jurisdictions in 2006 the use of assessment and management tools is ranked in the table below (from most = 1 to least = 6)

A number of other tools were reported as being used such as fisheries management plans and those under development included codes of practice and conduct co-management processes and formal resource sharing arrangements between commercial and recreational fisheries

There were variations in the application of assessment and management tools as applied to the different components Generally for all jurisdictions in 2006 the use of

Risk assessment

Qualitative assessment

ESD reporting

framework Quantitative assessment

Indicators Benchmarks EMS Decision

rules Harvest

strategies

1 1 2 3 3 4 4 5 6

Summary of review 21

assessment and management tools in managing components (from highest to lowest use) by component was

bull Target species component bull Byproduct bycatch and TEPs species components bull Habitat communityecosystems and economic components as a group and bull Social and governance components

Usefulness of current ESDEBFM reporting frameworks

Both management and research found current ESDEBFM reporting frameworks useful for fisheries management and EPBC requirements but less so for regional marine planning (State and Commonwealth) Industry representatives that participated in the survey considered that current ESDEBFM reporting frameworks are only somewhat useful for fisheries management and EPBC requirements but not so for regional marine planning (State and Commonwealth) Recommendations for improvement focused on the following reporting frameworks reporting more generally assessment tools the DEWHA EPBC process and approaches for shared fish stocks

Issues of fitoverlapduplication between fishery policy initiatives bioregional plans Commonwealth and State processes

Problems were identified in terms of fitoverlapduplication between fishery policy initiatives bioregional plans and Commonwealth and State processes Recommendations for streamlining processes and reducing duplication focused on streamlining legislation and DEWHA assessment processes under EPBC and consistency in planning processes and reporting requirements

It was suggested that a national forum for ESDEBFM would bring together the people working in this discipline and would facilitate communication identify issues gaps and overlap This could also be a useful approach for discussing and reviewing

bull Reasons for variations in use of assessment and management tools by type in terms of - those most used and those least used when applied to components - variations within and between jurisdictions in use of assessment and

management tools bull Identifying regional marine planning (State and Commonwealth) requirements

and explore whether it would be possible to amend current ESDEBFM reporting frameworks to accommodate all needs It could also be useful in identifying what is required to serve industry needs As well as an opportunity for reviewing the recommended improvements and approaches provided by the survey results and

bull Understanding the issues of fitoverlapduplication in terms of which are generic and those which are specific to particular jurisdictions as well as providing an opportunity for a review of the suggested improvements for streamlining processes and reducing duplication

22

34 Further development needs over the next six years from 2006 to 2012 to facilitate the implementation of ESDEBFM The purpose of Section 4 was to identify what needs further development over the next six years from 2006 to 2012 in order to better implement ESDEBFM The focus was on

bull The key issueschallenges for implementation of ESDEBFM (environmental economic social governance)

bull What management and assessment tools will need to be available and in routine use by 2012 (environmental economic social governance)

bull Possible bottlenecks for successful implementation of ESDEBFM bull Cost implications of implementing ESDEBFM for fisheries (both time and $)

and bull The data analysis research and decision support needs to properly implement

ESDEBFM

The key issueschallenges for implementation of ESDEBFM (environmental economic social governance)

The key issueschallenges for implementation of ESDEBFM for the environmental economic social and governance components and other important points (collated from the survey and summarised below) are as follows

bull Environmental data and information needs regarding target byproduct bycatch and TEP species habitat and community components and further research for understanding the interactions between them

bull Economic identify economic issuesimpacts requiring management data collection and analysis for the development of useful management objectives performance indicators benchmarks and monitoring

bull Social identify social issuesimpacts that need to be considered data collection and analysis for development of meaningful management objectives indicators benchmarks and monitoring and

bull Governance resources for rationalisation and streamlining of governance arrangements and processes to support management and compliance and to also ensure that the environmental economic and social components can be managed effectively within Australia

Other important challenges and points

bull Recognition of the differences between large high value fisheries and smaller lower value fisheries The identification of differing needs and relative levels of complexity risks and impacts different fisheries pose

bull Balance between the varied environmental economic social and governance objectives

bull Regional assessments that integrate across all fishing activities and can link to the broader marine planning activities

bull How to accommodate different stakeholder perspectives and achieve equitable funding and resource allocation to meet the different needs

bull All fishery sectors to be considered and

Summary of review 23

bull Improved understanding of the risks associated with issues external to the standard biological approach for the target species (eg globalisation fuel climate change etc) is needed

What management and assessment tools will need to be available and in routine use by 2012 (environmental economic social governance)

The management and assessment tools needed to be available and in routine use by 2012 for the environmental economic social governance components (collated from the survey and summarised below) are as follows

bull Environmental risk assessments (including cumulative risks) indicators and

decision rules monitoring programs qualitative and quantitative models and simplified management strategy evaluation tools

bull Economic risk assessments indicators and assessment tools (for all fishery sectors)

bull Social risk assessments indicators and assessment tools (including impacts of change)

bull Governance EMS and harvest strategies for major fisheries framework for allocation between fishery sectors adequate reporting benchmarking for ESD and review of Offshore Consitutional Settlement (OCS) arrangments for management of species across jurisdictions

Other important points regarding management and assessment tools

bull A range of assessment tools are required for fisheries and consideration of the varied levels of available information and research undertaken for the different fisheries and

bull Performance indicators for all objectives and mechanism for ensuring balance between objectives

Possible bottlenecks for successful implementation of ESDEBFM

A number of possible bottlenecks were identified which are likely to affect the successful implementation of ESDEBFM These are categorised under the following headings funding and associated costs resources and people governancemanagement systems and the EBFM framework and datainformationresearch needs (collated from the survery and summarised below)

bull Funding and associated costs for research and data tools development managmement proceses to further develop EBFM and the issue of cost recovery from fishery sectors

bull Resources and people capacity in terms of time and people for implementation of EBFM

bull Governancemanagement systems cross jurisdictional (within and across departments agencies and jurisdictions) clarity in the scope and objectives and outcomes to be achieved for whole of government approach in implementing EBFM

24

bull Datainformationresearch needs

Cost implications of implementing ESDEBFM for fisheries (both time and money)

A range of time and costs implications were identified for implementing ESDEBFM for fisheries which affect research management and industry (collated from the survey and summarised below)

bull Research the development of environmental economic and social components under EBFM principles requires multidisciplinary teams and may require employing more research staff

bull Management increased management and monitoring costs EBFM process takes time to develop consult and implement requires efficient processes between Commonwealth and State

bull Industry commercial fisheries are the only sector that contributes to management research and compliance on a cost recovery basis and cost are incurred now but benefits will not be immediately recognisable (time lag between investments and benefits)

The data analysis research and decision support needs to properly implement ESDEBFM

To implement ESDEBFM the following data analysis research and decision support requirements were identified (collated from the survey and summarised below)

bull Data increased spatial and temporal data for species habitats and communities and ecosystem linkages social and ecomonic data different data types for decision making tools and assessments standardising data collection between jurisdictions integrated databases and improved data management and sharing

bull Analysis with increased data needs a corresponding requirement for analyis and new and novel approaches to data analysis for decision support

bull Research filling information gaps for all components (ecosystems economic and social) developing indicators tools (including rapid assessment tools for low value and data poor fisheries) and monitoring approaches

bull Decision support revised fishery models management strategy evaluation framed in the context of ESDEBFM a commitment to use the triple bottom line approach to decision making and development and better understanding and use of performance indicators

Other important points raised in the survey responses were

bull One size does not fit all as this is dependent upon the particular conditions for each fishery There are varying levels of risk and certainty A range of tools are required

bull A practical conceptual framework for regional level ESDEBFM and bull A clear focus on efficiency and cost effectiveness will be key drivers in

prioritising what will be possible to pursue in ESDEBFM with limited future funding for data analysis and research

Summary of review 25

40 Recommendations for the most appropriate next steps A key finding of this study is a widespread view that there is an ongoing need for a national forum to coordinate approaches to EBFM Such a national forum should bring together a range of stakeholders involved in the development and implementation of EBFM including fishery managers industry environmental agencies and NGOs and various disciplinary experts The need for and focus of such a national forum is categorised under the following four headings

Coordination and consistency

The need for improvements in coordination and consistency in approach across fisheries jurisdictions and departments was a key finding of this review

bull Apply to the extent possible a consistent approach to EBFM across all jurisdictions to coordinate management of shared resources and cumulative impacts and to assist in national reporting

bull Coordinate and collaborate across fisheries and between jurisdictions to optimise research and development costs and time

bull Integrate and streamline where possible processes and reporting requirements to overcome the identified issues of fit overlap and duplication

bull Identify regional marine planning (State and Commonwealth) requirements and explore whether it would be worthwhile to amend current ESDEBFM reporting frameworks to accommodate these needs and

bull Work with DEWHA to ensure fisheries-relevant and consistent approaches to strategic assessments

Tools development

There are considerable variations in use of assessment and management tools by ESD components and variations within and between jurisdictions in use of assessment and management tools

bull Develop a plan for further improvement of indicators and reference points focusing first on those areas where least progress has been made The general pattern for application use and confidence by component from highest to lowest was

- target species - byproduct bycatch TEPs species and governance as a group - habitats ecosystemscommunities and economic as a group - social component

bull Develop a suite of tools (tool box) for monitoring assessment and decision support spanning from rapid qualitative methods through to full quantitative approaches and

bull Clarify why there is a difference in perception between researchers and managers on the adoption of tools for EBFM

26

Resources and capacity

A key issue or challenge for implementation of ESDEBFM across all jurisdictions is the need for adequate resources (funding and people) and data analysis research and decision support

bull Identify efficient and cost-effective solutions to address data information research and decision support needs and

bull Provide a framework that allows effective prioritisation across competing demands for resources to support implementation of ESDEBFM

Training and communication

Closely linked to capacity is the need for education and training for fisheries managers industry and researchers to enable them to develop a set of skills that better match the expected roles and responsibilities necessary for implementing EBFM

bull Expand existing training programs both at tertiary level and for current fisheries managers peak bodies and advisory groups to meet specific needs of implementing ESDEBFM and

bull Build on lessons learned from ESD Sub-program to improve communication of principles and practice of ESDEBFM

Governance

Implementation of these recommendations would require careful coordination at two levels Firstly the continuation of a high level national process and forum involving key stakeholders in policy management industry environmental NGOs and key government agencies Secondly a smaller adequately resourced and more dedicated team tasked with implementation and coordination of key recommendations Such an approach is most likely to address the issue of consistency of processes and approaches within and between jurisdictions make best use of limited funding for the development of tools and meeting data and research needs identify capacity shortfalls and bottlenecks and create a coherent way forward on realistic timeframes

Presentation of the results of this review are presented in the report under the following headings

1 Desktop review of the scope of ESD and EBFM in Australia 11 ESDEBMEBFM review of international agreements policies and defining

documents

bull Ecological Sustainable Development (ESD) bull Ecosystem Based Management (EBM) and bull Ecosystem Based Fisheries Management (EBFM)

Summary of review 27

- EBFM the international dimension - United Nations Convention on the Law of the Sea (UNLOSC) and the

Convention on Biological Diversity (CBD) development of an EBFM approach

- EBFM the concept - EBFM key issues - International policy initiatives and strategies in response to the issues

12 EBFM and other similar approaches to address broader ecosystem issues

for fisheries There are a number of approaches to address broader ecosystem issues for fisheries The approaches may be designed to manage at different environmental scales (local sub-regional national) andor by different organisations (governments regional and local bodies) and cooperation between a wide range of stakeholders Each of these approaches is outlined with an Australian example The approaches that are considered useful to EBFM include

bull Integrated Coastal Management (ICM) and Large Marine Ecosystems (LME) bull Multiple Use Management (MUM) bull Integrated catchment ndash from land to sea bull Accreditation schemes such as Marine Stewardship Council (MSC) or

International Organisation for Standardisation (ISO)14000 bull Environmental Management System (EMS) bull Codes of conductpractices bull Co-management and bull ESD subprogram approach to EBM and other related systems

13 ESDEBFM in Australia a national response

bull Regional and bilateral responses bull National response bull NESD (1992) bull Australiarsquos Exclusive Economic Zone (EEZ) (1994) bull Oceans policy (1998 to 2005) bull Environment Protection and Biodiversity Conservation (EPBC) Act 1999 bull Initiatives bull Threat Abatement Plans (TAPs) bull Australian Fishing Zone (BAPs) bull National Plans of Action (NOPAs) bull Ministerrsquos announcement securing our fishing future package and bull Capability and capacity building

- Marine and Coastal Committee (MACC) - ESD Reporting and Assessment Subprogram

14 Australian fisheries governance

bull Department of Agriculture Fisheries and Forestry (DAFF) - Fisheries and Marine Environment Branch - Fisheries policy initiatives and mitigation measures

28

bull The Department of the Environment Water Heritage and the Arts (DEWHA) - The Coasts and Oceans Division and - Fisheries policy initiatives and mitigation measures

15 Australian fisheries management

bull Commonwealth and State and Territory fisheries EBFM key fisheries management concepts

bull Management processes such as Fishery Management Plans (FMPs) bull Management measures such as harvest strategies and spatial management bull Management assessment and decision making tools such as

- Environmental Impact Statements (EIS) Environmental Impact Assessments (EIAs)

- risk assessments - Management Strategy Evaluation (MSE) - qualitative and quantitative models - mapping tools

bull Monitoring performance indicators decision rules and reporting bull Reporting bull Research and bull Consultation

2 Review of the assessment methods of ESD and EBFM in Australia 21 Review of fishery assessment reports by fishery agencies and by Department of the Environment Water Heritage and the Arts (DEWHA) for Strategic Assessments under the EPBC Act

bull Environment Protection and Biodiversity Conservation (EPBC) Act bull Review of State and Commonwealth submissions to DEWHA and bull DEWHA assessment of fisheries

22 Review and report on the major issues raised from the EPBC strategic assessment process

bull Background bull Reviews of the first round of EPBC assessment process bull AFMADEWHA review lessons learnt and possible future directions bull Reassessments AFMFDEWHA working group and bull AFMF national research priorities for 2006 to 2008

Summary of review 29

3 Survey analysis and results 31 The ESDEBFM survey

bull Background bull Technical bull Limitations on interpreting results and bull Overview of summary results

32 Summary of survey results

bull Section 2 how fisheries management responses have changed with regard to ESDEBFM within jurisdictions from 1998 to 2006 by jurisdiction

bull Section 3 establish the status of fisheries management responses to ESDEBFM within jurisdictions in 2006 by jurisdiction

bull Section 4 further development needs over the next six years from 2006 to 2012 to facilitate the implementation of ESDEBFM by jurisdiction and

bull Section 5 further recommendations and any other comments regarding ESDEBFM across all jurisdictions

30

1 DESKTOP REVIEW OF THE SCOPE OF ESD AND EBFM IN AUSTRALIA

11 ESDEBMEBFM review of international agreements policies and defining documents

bull Ecological Sustainable Development (ESD) bull Ecosystem Based Management (EBM) and bull Ecosystem Based Fisheries Management (EBFM)

- EBFM the international dimension - United Nations Convention on the Law of the Sea (UNLOSC) and the

Convention on Biological Diversity (CBD) development of an EBFM approach

- EBFM the concept - EBFM key issues - International policy initiatives and strategies in response to the issues

111 Ecological Sustainable Development (ESD) As Reid (1995) explains the concept of sustainable development was introduced to the world in the Bruntland Report (World Commission on Environment and Development WECD 1987) The report contains one of the most widely used definitions of sustainable development ldquosuch development can be defined simply as an approach to progress which meets the needs of the present without compromising the ability of future generations to meet their own needsrdquo (WECD 1987 Annexe 2 Tokyo Declaration page 363)

The World Commission on Environment and Development view was that sustainable development is not a fixed state but rather as a process of change in which the exploitation of resources the direction of investments the orientation of technology and institutional change are made consistent with future and present needs It identified that sustainable development requires an integrated approach with regard to decision making at the local national regional and international level It also identified that policy direction should focus on the need to ensure the prevention of loss of species and environmental degradation as the conservation of living natural resources are crucial for development

112 Ecosystem Based Management (EBM) the concept The Ecosystem Based Management (EBM) approach builds on the concepts and principles of ecological sustainable development Even though there is no agreed definition of EBM there are various terms that are used in relation to Ecosystem Based Management (EBM) these include Ecosystem Management Approach (EMA) and Ecosystem Approach (EsA or EA)

Mangel et al (1996) suggest that the relationship between humans and nature should be such that the viability of all biota and the ecosystems they are part of are maintained (now and future options) as well as allowing human use and benefits from such use

Review of the scope of ESD and EBFM in Australia 31

(both current and future generations) The challenge as they see it is in determining the appropriate balance between the health of resources and ecosystems and the health and quality of human life Such a balance in their view requires an understanding of a broad range of issues

Grumbinersquos (1994) review of the literature describes the overall goal of ecosystem management as sustaining ecological integrity by reducing the biodiversity crisis through maintaining viable populations of all native species in situ represented within protected areas all native ecosystem types across their natural range of variation maintaining evolutionary and ecological processes and manage over periods of time long enough to maintain the evolutionary potential of species and ecosystems As well acknowledging the role that people have to play by accommodating human uses and occupancy within the above constraints Grumbine suggests that success of ecosystem management is dependent upon reconciling the relationship between the new goal of protecting ecological integrity and the old view of providing goods and services for humans

Christensesn et al (1996) argue that ecosystem management regards intergenerational sustainability as a precondition and establishes measurable goals and processes necessary for sustainability outcomes That an ecosystems approach is neither anthropogenic nor biocentric but acknowledges the importance of human needs whilst confronting the reality and capacity of the natural world to meet those needs in perpetuity has limits and depends on the functioning of ecosystems However one particular obstacle to an ecosystem approach is that of public perception that the immediate economic and social value of renewable resources outweighs the risk of future ecosystem damage In their view the goal of ecosystem management is to overcome this and other such obstacles

113 Ecosystem Based Fisheries Management (EBFM) Since the 1970s there has been growing concern over the impact of fishing other marine sectors and coastal development on the marine environment As summarised by Ecosystem Principles Advisory Panel (EPAP 1999) marine ecosystems are being perturbed by fishing and other human activities Many marine fisheries are in decline and the effects of fishing on other ecosystem goods and services are beginning to be understood and recognised Fishing can affect many species and disrupt important interdependent links within ecosystems and threatens marine biodiversity

Fisheries are an important social and economic resource providing food and employment Traditional oceans and fisheries management approaches tended to view ecosystems as fixed and closed systems and the focus was often on single fisheries stocks (although some tried to deal with multi species fisheries) and defining maximum sustainable yields A fundamental shift in thinking has occurred with regard to oceans and fisheries governance and management Oceans ecosystems are recognised as being dynamic and open systems and once threshold limits are reached or exceeded changes may be irreversible and shifts into different states may occur Marine ecosystems are subject to natural variability that affects productivity and in turn dictates the abundance and natural mortality of fish stocks The EBFM approach explicitly requires managers to take into account these uncertainties by adopting the precautionary approach Garcia et al (2003) argue that the intention for implementing

32

EAF is to improve fisheries management that considers the target fisheries stocks and ecosystems that support them

Ecosystem Based Fisheries Management the international dimension

The EBFM approach has support at the international level and has been adopted by the UN Food and Agriculture Organisation (FAO) which is the lead agency for fisheries The FAO is an important international actor and plays an important role in fostering an EBFM approach At the international level the FAO provides policy advice and develops technical guidelines for fisheries management For example the FAO Code of Conduct for Responsible Fisheries 1995 which aims to provide guidelines for responsible approaches to fishing The FAO also developed a set of operational guidelines for an ecosystem approach to fisheries These guidelines supplement the FAO Code of Conduct for Responsible Fisheries The FAO Council organised the 2002 Reykjavik Conference in Iceland a major outcome was the Reykjavik Declaration on Responsible Fisheries in the Marine Ecosystem which endorses an ecosystem approach to fisheries management Other important documents developed by the FAO include the International Plans of Action (IPOAs) that address fisheries issues regarding seabirds sharks fishing capacity illegal unreported and unregulated fishing and destructive fishing practices

According to the FAO (2003) many of the concepts and principles relating to the EBFM approach are already contained in a number of documents and conventions as a result of outcomes from the development of international governance initiatives aimed at sustainable conservation and use of oceans and fisheries resources These include

bull 1970 FAO Technical Conference on Marine Pollution and its Effects on Living Resources and Fishing

bull 1972 FAO Technical Conference on Fishery Management and Development bull 1972 World Conference on Human Environment bull 1980 Convention on the Conservation of Antarctic Marine Living Resources bull 1982 United Nations Convention on the Law of the Sea (UNLOSC) bull 1987 World Commission on Environment and Development (WECD) bull 1992 United Nations Conference on Environment and Development (UNCED)

and Agenda 21 bull 1992 Convention on Biological Diversity (CBD) bull 1995 Jakarta Mandate on Marine and Costal Biological Diversity bull 1995 United Nations Fish Stocks Agreement (UNFSA) bull 1995 FAO Code of Conduct for Responsible Fisheries bull 1995 Kyoto Declaration on the Sustainable Contribution of Fisheries to Food

Security bull 2001 Reykjavik Declaration on Responsible Fisheries in the Marine Ecosystem

and bull 2002 World Summit on Sustainable Development (WSSD)

Review of the scope of ESD and EBFM in Australia 33

Tsamenyi and McIlgorm (1999) highlight that international instruments fall into two broad categories

bull Treaties or conventions which are binding on the oarties to them (some are directly aimed at fisheries management others are of general application with potential to influence the fishing industry) and

bull Non-binding instruments which are the resolutions of declarations by international organisations and some larger non-government organisations These are not legally binding but have a moral and political force and may become the basis for binding instruments

They suggest the major trend in instruments as a move from general objectives in the currently binding agreements to more specific constraints and management methods in the subsequent non-binding instruments

LOSC and the CBD development of EBFM approach

According to Dyoulgerov (2000) there is a well-defined body of international environmental law and global legal instruments that deal with the marine environment The 1982 United Nations Convention on the Law of the Sea (UNCLOS) provides rules to regulate all aspects of the uses of the sea and the conservation of the marine environment The 1992 United Nations Convention on Biological Diversity (CBD) is aimed at the conservation of biological diversity and to promote the sustainable use of its components Together UNCLOS and the CBD provide a framework within which governance of the marine environment functions as part of a dynamic interdependent and complementary system of hard and soft law This system encompasses international regional national and local government and non government organisations

Kimball (2001) notes that the United Nations Convention on Law of the Sea (UNLOSC) provides a comprehensive framework for tackling ocean stresses and lays down strong and binding obligations to protect and preserve the marine environment including rare or fragile ecosystems and the habitat of marine species and to conserve marine living resources Its principles and mechanisms have been elaborated through specialised legal instruments to support an ecosystems-based and precautionary approach to sustainable ocean use LOSC also establishes a comprehensive framework for use and development of the oceans regarding the rights and obligations of states in the various zones dispute settlement compliance and enforcements international cooperation opportunities and institutional support The convention has been supplemented by two implementing agreements these are

bull 1994 Agreement Relating to the implementation of Part XI which clarifies and replaces many of the Conventionrsquos deep seabed mining provisions adopted in 1982 and

bull 1995 Agreement relating to the Conservation and Management of Straddling Fish Stocks and Highly Migratory Species (Fish Stocks Agreement of FSA)

As Tsamenyi and McIlgorm explain (1999) one of the first substantive sectors to be considered by the Convention on Biological Diversity (CBD) was marine and coastal

34

biodiversity ndash the Jakarta Mandate (1995) The Jakarta Mandate specifically addressed the relationships between conservation and fishing activities and established coastal and marine biodiversity as one of the first substantive sectors to be considered by the Convention The CBDrsquos comprehensive approach to species ecosystem and genetic diversity and its endorsement of an ecosystems approach to biodiversity conservation strengthen the impetus for an ecosystem-based approach to marine conservation (Kimball 2001)

Ecosystem Based Fishery Management (EBFM) the concept

The EBFM approach is based upon the EBM concepts There is no agreed definition of EBFM and there are various terms that are used in relation to Ecosystem Based Fisheries Management (EBFM) approach these include Ecosystem Approach to Fisheries (EAF)

According to the FAO (2003) EAF builds on the concept of sustainable development outlined in the 1972 United Nations Conference on Human Environment (Stockholm Sweden) which dealt with the environmental aspects of natural resource management and the 1982 United Nations Convention of the Law of the Seas which provides a basis for resource conservation and use for fisheries management and development EAF is based on two important precepts Firstly the elimination of overcapacity and overfishing the rebuilding of depleted stocks and the protection of associated and dependent species Secondly the maintenance of ecosystem habitats and functional relations between components and productivity

EPAP (1999) suggest an ecosystem based fishery management can complement and improve existing fisheries management and in dealing with oceans and fisheries issues Based on the literature Sissenwine and Mace (2001) propose an ecosystem approach as a governance and management approach for responsible fisheries WWF (2002) consider EBFM as an evolving process in response to two properties of natural systems Firstly the effect of the environment on the resources being exploited Secondly the effect of resource exploitation on the environment Both these are important and the management system should address both types of environment and ecosystem interactions Some approaches to EBFM take a more ecological focus to maintain the capacity of an ecosystem to deliver ecosystem goods and services Whereas other approaches and in the view of WWF more appropriately extend the EBFM concept to include human goals for ecosystems

Pitkich et al (2004) view the overall objective of EBFM is to sustain healthy marine ecosystems and the fisheries they support To achieve this objective EBFM will need to avoid degradation of ecosystems environmental quality and systems minimise the risk of irreversible changes to natural species assemblages and ecosystem processes to balance long-term socio economic benefits without compromising ecosystems develop and understanding and knowledge of ecosystem responses to the impacts of human activities and under circumstances where knowledge and understanding is limited robust and precautionary fishery management measures should be to applied

Review of the scope of ESD and EBFM in Australia 35

EBFM the key issues

The key issues for fisheries governance and management regarding EBFM implementation include overfishing overcapacity and the related issue of government subsidies (FAO 2003 EPAP 1999 Sissenwine amp Mace 2001 and WWF 2002) Sinclair et al (2002) argue that the key issues are overfishing driven by overcapacity and without incentives for rationalisation under a rights based approach to fishing it is unlikely that overcapacity will be reduced Another key issue is that of illegal and unregulated fishing (IIU) Each of these issues is outlined below

Overfishing Important guidelines outlined by FAO (2003) include avoiding overfishing and where stocks have been reduced to low levels that they should be rebuilt noting that once threshold limits have been exceeded changes may be irreversible An ecosystems approach to fishing should also minimise impacts that affect the structure productivity and biological diversity of ecosystems and should consider species interactions

According to EPAP (1999) overfishing is a common problem as the worldrsquos oceans are at or near maximum sustainable fishery yields As a consequence many of the associated social economic and cultural benefits accrued by fishing and other marine goods and services are under threat and many ecosystems exhibit ecological changes due to the over harvesting of fish stocks Also in the past new fisheries have often been fully capitalised and reached unsustainable catch rates before management processes have established effective constraints Fisheries management may determine levels of safe removal of surplus production based on maximum sustainable yields

Sissenwine and Mace (2001) consider fisheries are a component of marine ecosystems as fish are influenced by marine ecosystems and fishing affects the targeted fish stocks and other ecosystem components directly or indirectly Their view is that an ecosystem approach for fisheries requires that environmental variability that affects the productivity of fisheries resources are considered when using maximum sustainable yield (MSY) as a harvest strategy and that MSY should reflect and adapt to changes in natural variability As Hundloe (2002) explains prior to the early 1950s the focus of fisheries management was maximum sustainable yield (MSY) from the early1950s ndash 1970s the concept of maximum economic yield (MEY) was introduced Since then the concept of optimum sustainable yield (OSY) has been developed requiring fisheries management to include biological economic financial cultural social legal and political factors

As WWF (2002) describe the worldrsquos oceans and fisheries have been changed and degraded throughout human history so it is difficult to predict what ecosystems would look like in the absence of fishing Preventing further decline is imperative because setting ecosystem targets and benchmarks can be influenced by shifting baselines where successive generations have lower expectations of what are acceptable ecosystem changes Recently there have been many programs initiatives and agreed actions which recognise the issues however there has only been limited success in preventing overfishing degradation and loss of habitat and loss of biodiversity

Murawski (2000) explains traditional single species management has in the past been concerned mainly with conserving parts of the system such as target fish stocks and overfishing is usually described in terms of growth and recruitment overfishing

36

although it may also manifest in stock collapses Under this system consideration of the interlinkages between target non target species habitats biodiversity and functional relationships have generally not been an explicit objective Whereas the ecosystem based fisheries management approach requires that the factors influencing important ecosystems processes and inter-relationships are considered and ecosystem attributes are taken into account A characteristic of overfished ecosystems is the sequential depletion of economic stocks (fishing down the food chain) Other symptoms of ecosystem overfishing include reduction in diversity and aggregate production of exploitable resources declines in mean trophic level increased bycatch greater variability in abundance of species habitat modification and in extreme cases changes to alternative stable species regimes (Murawski 2000 pg 652)

Holmlund and Hammer (1999) remind us that human societies benefit from exploitation of fish stocks and that fish are embedded within ecosystems and that ecosystem services that fish rely upon need to be taken into account Therefore perhaps what is required is less emphasis on controlling harvesting levels of fish stocks but instead regulations should focus on when where and how to fish taking account of the spatial and temporal life supporting systems of fish

Overcapacity One of the key problems with regard to sustainability and fishing is overcapacity (Mace 1996) According to the FAO (1999) excessive fishing capacity is an increasing concern and contributes to overfishing and the degradation of marine fisheries resources WWF (2002) also highlight this point in terms of fishing fleets and in relation to the increasing power and technology of boats Overcapacity includes both over capitalisation in terms of investment in vessels and equipment and the numbers of fishery operators participating in a particular fishery

Pascoe et al (2004) highlight the need for effective management of fishing capacity has been recognised because many of the fishing resources are biologically and economically over exploited As Metzner and Rawlinson (1998) discuss fishing nations are experiencing the limits of sustainable exploitation and are increasingly recognising the need to deal with the issue through structural adjustment programs (jurisdictional fiscal political biological and economic components) in terms of change in management procedures to achieve desired outcomes According to Pascoe et al (2004) the key elements for managing capacity are a means to assess current level of capacity identify the desired level of capacity and a mechanism to reach that level Capacity may be expressed in terms of inputs (potential fishing effort or outputs (potential catch) Capacity and capacity utilisation relate in the short term to the ability of the existing fleet to increase output given current conditions and overcapacity and overcapitalisation are longer-term concepts that indicate the extent which the current fleet may need to be reduced in order to meet a long term target level of output

As Charles (2001) points out the issues of overcapacity are complex it often reflects high investment and debt for fishers which may lead to increase harvesting of fisheries in order to service the debt The key is to plan the desired fishery configuration (number and types of fishing units) and limit the overall fishing effort at sea through effective management and capacity reduction The issues of overfishing and overcapacity may also be linked to the lack of alternative employment opportunities for

Review of the scope of ESD and EBFM in Australia 37

some fishers or some small communities so rationalisation policies need to take this into account as well as community sustainability

Government subsidies WWF (2002) lists the issue of capacity and the related issue of subsidies as a critical obstacle in achieving EBFM for fisheries Global estimates of subsidies during the 1990s ranged between 16 and 21 of the values of fishing revenues Gooday (2002) discusses the related issue of overcapacity and unsustainable levels of fishing (overfishing) together with government subsidies and the need to clarify and improve disciplines on fisheries subsidies The international debate relates to the consequences (environmental ndash sustainability of fish stocks and economic ndash trade and markets) resulting from these subsidies and what actions are needed to discipline them

The types of subsidies may include bull direct transfers bull lending support programs bull tax preferences and insurance support programs bull sector specific employment and social security provisions bull general services and bull marketing and price support programs

(Gooday 2002 pgs 2-3)

Illegal unreported and unregulated fishing Kirkwood and Agnew (2004) note illegal unreported and unregulated (IUU) fishing has been an issue since the first attempts at fishery management IUU refers to fishing activities that are inconsistent with or in contravention of the management or conservation measures in force for a particular fishery Although some international instruments contain provisions that relate to IUU none of these were set up directly to deal with the issue

As the FAO (2002) reports IUU occurs within nation states EEZs and the high seas Because it is unreported it is difficult to quantify However information available suggests that it may account for up to 30 of total catches and that the amount worldwide is increasing An outcome and impact of IUU is that it can undermine management strategies aimed at managing fisheries on a sustainable basis or conservation measures aimed at rebuilding stocks It may also undermine mitigation measures developed for example to reduce bycatch as unregulated fleets are unlikely to implement such measures

During the late 1990s concern regarding the growth of IUU led to the development (by the FAO) of an International Plan of Action (IPOA) for illegal unreported and unregulated fishing The International Plan of Action (IPOA) for Illegal Unreported and Unregulated fishing (IUU) (2001) is a voluntary instrument that applies to all States (nations) entities and to all fishers in response to illegal unreported and unregulated fishing The nature and scope of IUU is addressed objectives and principles and the implementation measures to prevent and deter IUU fishing These measures focus on all State responsibilities flag State responsibilities coastal State measures port State measures internationally agreed market related measures research

38

and regional fisheries management organisations special requirements of developing countries reporting requirements and the role of the FAO

International policy initiatives and strategies in response to the issues

There have been many international policy initiatives and strategies in response to the issues designed to mitigate or minimise the impacts of development on the marine environment At the international level these provide a conceptual basis and a set of guiding principles for implementation of sustainable development at the regional national and local level This has also necessitated governance and management changes at these different levels

World Summit on Sustainable Development (2002) Outcomes with regard to oceans and fisheries from the 2002 World Summit on Sustainable Development held in Johannesburg were outlined in The Key Commitments Targets and Timetables from the Johannesburg Plan of Implementation and included the following

bull Encourage the application by 2010 of the ecosystem approach for the sustainable development of the oceans

bull On an urgent basis and where possible by 2015 maintain or restore depleted fish stocks to levels that can produce the maximum sustainable yield

bull Put into effect the forthcoming FAO International Plans of Action (IPOAs) by the agreed dates These are - the prevention of illegal unreported and unregulated fishing (IUU)

by 2004 - to eliminate destructive fishing practices by 2005

bull Develop and facilitate the use of diverse approaches and tools including the ecosystem approach the elimination of destructive fishing practices the establishment of marine protected areas consistent with international law and based on scientific information including representative networks by 2012

bull Establish by 2004 a regular process under the United Nations for global reporting on and assessment of the state of the marine environment and

bull Eliminate subsidies that contribute to overcapacity (Key Outcomes httpwwwearthsummit 2002org p3)

High Seas Marine Protected Areas During the 1980s and 1990s new threats to oceans from human activities caused increasingly complex problems As Baker et al (2001) explain the high seas represent 50 of the earthrsquos surface which are outside the Nation state Exclusive Economic Zone (EEZs) and are an open access resource Current areas of concerns in relation to the oceans are the oil and gas and the future development of biotechnology and deep sea mining sectors impacts of distant water fishing fleets These sectors may directly and indirectly impact a range of habitats and biological communities and threaten biodiversity of the high seas A proposed policy and planning action to address these broad issues is to create a system of High Seas Marine Protected Areas (HSMPAs)

Review of the scope of ESD and EBFM in Australia 39

IPOAs Other specific issues that are of concern globally include species issues such as bycatch of seabirds and sharks and fishing issues and destructive fishing practices In response the FAO has developed International Plans of Action (IPOAS) to deal with some of these specific issues and those outlined above These are to be implemented at the national level through a National Plan of Action (NPOA) The plans outline a set of activities which implementing States are expected to carry out including an assessment of whether a problem exists adopting a National Plan of Action (NPOA) procedures for national reviews and reporting requirements and a summary description of appropriate mitigation measures which states should consider for inclusion in their NPOA and the role of the FAO

The plans are briefly outlined below

bull IPOA Seabirds (1999) is a voluntary instrument that applies to all States (nations) whose fishermen engage in longline fisheries to reduce the incidental catch of seabirds in longline fisheries

bull IPOA Sharks (1999) is a voluntary instrument that applies to all States (nations) whose fishermen engage in shark fisheries for the conservation and management of sharks

bull IPOA Fishing capacity (1999) is a voluntary instrument that applies to all States (nations) whose fishermen engage in capture fisheries for the management of fishing capacity and

bull IPOA Illegal unreported and unregulated fishing (IUU) (2001) is a voluntary instrument that applies to all States (nations) entities and to all fishers in response to illegal unreported and unregulated fishing The measures focus on all State responsibilities flag State responsibilities coastal State measures port State measures internationally agreed market related measures research and regional fisheries management organisations special requirements of developing countries reporting requirements and the role of the FAO

12 EBFM and other similar approaches to address broader ecosystem issues for fisheries There are a number of approaches to address broader ecosystem issues for fisheries The approaches may be designed to manage at different environmental scales (local sub-regional national) andor by different organisations (governments regional and local bodies) and cooperation between a wide range of stakeholders Each of these approaches is outlined with an Australian example The approaches that are considered useful to EBFM include

bull Integrated Coastal Management (ICM) and Large Marine Ecosystems (LME) bull Multiple Use Management (MUM) bull Integrated catchment ndash from land to sea bull Accreditation schemes such as Marine Stewardship Council (MSC) or

International Organisation for Standardisation (ISO)14000 bull Environmental Management System (EMS) bull Codes of conductpractices

40

bull Co-management and bull ESD subprogram approach to EBM and other related systems

121 Integrated Coastal Management and Large Marine Ecosystems Management Scale large scale geographically both ecosystems and human activities and a wide range of different management agencies and stakeholders

Australian example National approach Integrated Coastal Zone Management (ICZM) Regional examples the Great Barrier Reef Marine Protected Area (GBRMPA) and Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR)

Griffis and Kimball (1996) outline these two management approaches Integrated Coastal Management (ICM) and Large Marine Ecosystems (LME) and suggest that these are good examples of ecosystem approaches for ocean and coastal resource management Both these systems are based on the principle that a large scale systems approach that simultaneously considers ecosystem processes and human activities provide management with the best chance for finding sustainable solutions Also they are concerned with human activities that alter ecosystems that in turn reduces the ability of ecosystems to support human populations and health economies ICM focuses on influencing policy and governance processes (more issues driven) to shape patterns of coastal resource use through changes or modification in human behaviour and social values (people management) whereas the LME strategy is defined along large scale hydrographic regimes with a focus on ecosystem dynamics and fisheries and is largely science driven

122 Multiple Use Management Scale geographically at national states and subregional scales taking an integrated sectoral approach to managing human activities and includes a wide range of different management agencies and stakeholders

Australian example WA Government environmental and sectoral management of the North West Shelf area (regional)

According to Sainsbury et al (1997) multiple use management (MUM) offers a satisfactory approach to achieving an ecologically sustainable balance of outcomes across a broad range of uses and users of the environment MUM is underpinned by four fundamental principles Ecosystem integrity wealth generation and resource use equity and participatory decision making This approach provides a framework which has the potential to overcome the problems caused by sectoral decision making provides the basis for integrated planning and analysis at global national state and local levels and provides the context for assessment of policies plans programs and individual projects

Review of the scope of ESD and EBFM in Australia 41

123 Integrated catchment management ndash from land to sea Scale geographically from the river source to its final destination the sea taking into account the cumulative impacts of the human activities that occur within the river catchments that may impact marine ecosystems It includes a wide range of different management agencies and stakeholders

Australian example national approach the Coastal Catchments Initiative (CCI) There are also many local examples which are often administered at the local government level

According to Hughes and Goodall (1992) and Suchanek (1993 1994) chemical pollution and eutrophication have already altered the biodiversity of estuaries and coastal environments Deep sea habitats may also be altered by pollution as the sea continues to be used for waste disposal some of which is highly toxic Organic and inorganic wastes from land based activities such as agricultural industrial and domestic activities particularly effect estuaries and coastal areas

As McKay et al (1999) explain the damming or diversion of rivers for power generation flood control or irrigation has resulted in significant reductions andor changes in the timing and amount of freshwater flowing to the sea Reduced sediment flow into deltas and wetlands has resulted in the loss of fish spawning habitat The impacts have been widespread and include fisheries reductions loss of biodiversity increased concentrations of pollutants salinisation and subsidence of surrounding coastal lowlands and alteration of estuaries Whereas other activities such as mining or deforestation as Gray (1997) explains have led to large increases in sediment loads which have smothered coral reefs and other coastal habitats

124 Environmental management systems Scale management agency industry sectors or an individual business

Australian example EMS for seafood industry The Seafood EMS Chooser (2005) Seafood Services Australia Ltd

ISO 14000 defines a voluntary environmental management system As the International Institute for Sustainable Development (IISD 1996) review explains development of the standards was started in 1991 by the International Organisation for Standardisation (ISO) The standards consist of a set of documents that define the key elements of a management system that will help organisations address environmental issues The system includes setting of goals and priorities assignment of responsibilities for accomplishing them measuring and reporting on results and external verification of claims

The standards do not set performance values or goals these are set by the company taking into account the effects its activities have on the environment and the views of stakeholders The standards provide a way of systematically setting and managing performance commitments They can also assist companies in managing according to ESD principles In addition to the standards there are guidelines that are a support tool these are documents on environmental auditing environmental performance evaluation environmental labelling and life cycle analysis The adoption of the standards provide internal benefits in terms of helping the organisation meet its legal commercial and

42

environmental challenges and externally by providing assurance that the company is meeting its stated environmental policies

Other related schemes include British standards for Environmental Management Systems (EMS) designed to improve environmental performance it takes a systematic and integrated management approach The European Eco-Management and Audit Scheme (EMAS) takes a more proactive approach to development registration is site specific and unlike the British EMS a detailed environmental statement is required for every site participating in the scheme The Canadian Standards Association (CSA) has developed a consensus based information approach for a range of environmental initiatives and again is proactive in that it is based on prevention rather than control

In Australia an EMS developed for seafood industry is The Seafood EMS Chooser Seafood Services Australia Ltd (2005 pg 5) An environmental management system (EMS) puts in place a continual process of planning implementing reviewing and improving the actions that an organisation undertakes to manage its risks and opportunities relating to

bull The environment bull Food safety and quality bull Occupational health and safety bull Profitability bull Public relations and bull Other aspects of the organisation

125 Codes of conductpractice Scale industry

Australian examples there are many industry examples that are designed to mitigate bycatch (especially of threatened and endangered species) and post capture handling and release practices to reduce mortality including turtles and longline fishing

The FAO Code of Conduct for Responsible Fisheries (1995) in the introduction states ldquoThis Code sets out principles and international standards of behaviour for responsible practices with a view to ensuring the effective conservation management and development of living aquatic resources with due respect for the ecosystem and biodiversityrdquo In response some fisheries have taken the initiative by developing and adopting codes of practice The aim of these voluntary codes is for the sector to be self regulating rather than being regulated by government

126 Accreditation schemes Scale fishery and consumers

Australian examples fisheries that are accredited under the Marine Stewardship Council (MSC) scheme include the WA Western rock lobster The SA Lakes and Coorong Fishery and Austral Fisheries Pty Ltd (mackerel icefish) are in assessment

Review of the scope of ESD and EBFM in Australia 43

Eco-labelling schemes provide customers with information enabling them to choose for example fish products that are produced on a sustainable basis and producers with an incentive through market share to manage fisheries on a sustainable basis As Deere (1999) suggests accreditation and eco-labelling schemes are increasingly being perceived as a method that can maintain the productivity and economic value of fisheries as well as providing incentives for improved fisheries management and conservation of biodiversity Eco-labels are seals of approval that endorse that a particular fishery complies to a set of sustainability standards or criteria and is harvested on a sustainable basis An example is the Marine Stewardship Council (MSC) accreditation scheme

127 Co-management and consultation mechanisms (government agencies industry fisheries) Scale shared responsibility between governments industry and local stakeholders

Australian examples national approach the Management Advisory Committees (MACs) Scientific Advisory Groups (SAGs) Fishery Management Committees (FMCs) and industry peak bodies and groups A fishery example of co-management arrangements is the SA Lakes and Coorong Fishery

In the discussions relating to centralised or decentralised management and decision making co-management is often suggested as an appropriate approach that shares management responsibility and decision making between the local and national level participants Charles (2001) discusses the co-management approach as a mechanism for sharing decision making management functions and resolving conflict between stakeholders Participation in co-management may include governments fishers other fishery sector players community organisations and the general public Participants have both rights and responsibilities in the co-management arrangements which may include a range of options and different levels of co-management between government users and community management

As Hundloe (2002) explains at the local level co-management including community based management and partnering arrangements increase fishers participation by joint decision making and transferring some management rights and responsibilities This approach is best suited to a relatively homogeneous non migratory species For this approach to be successful it requires a well defined process such as a management plan so that both the government and participants understand their rights and responsibilities Under these conditions co-management has the potential to provide a number of benefits

bull Efficiency gains and reduced transaction costs bull Allows a flexible approach providing conditions that are more likely to make

fisheries profitable bull Peer pressure promotes voluntary compliance which reduces enforcement costs bull Use of local knowledge ndash a valuable supplement to costly science based

research bull Facilitates adaptive management in response to new information and changing

conditions and

44

bull May assist in implementing market based management mechanisms such as Individual Transferable Quotas (ITQs) In some cases ITQs and co-management can strengthen each other as market based incentives operate at instrument level and co-management at the organisational level

128 ESD subprogram approach to Ecosystem Based Management (EBM) and other related systems There has been a high level of confusion in the use of terms such as Ecologically Sustainable Development (ESD) Ecosystem Based Management (EBM) Ecosystem Based Fishery Management (EBFM) Integrated Oceans Management (IOM) and Environmental Management Systems (EMS) As part of the ESD workshop held in April 2004 these specific terms and the general problem of dealing with different terminology amongst groups and countries were discussed by the ESD Reference Group It was hoped that the outcomes of these discussions would minimise the level of confusion in the future at least within the stakeholders operating within the marine related sectors in Australia The following definitions have now been agreed by the Australian Fisheries Management Forum and the Marine and Coastal Committee of the Natural Resources Management Standing Committee

Relationships between ESD EBM EBFM IOM and EMS

At the lowest level are the Environmental Management Systems (EMS) An EMS can be developed to describe how an individual business or a fishery is attempting to meet ESD principles

1 An Industry level EMS deals with the management of a corporate group within a fishery or fishing area They describe how an individualcompany group will meet some or all of their requirements as dictated by the relevant management objectivescommunity expectations A relevant example is the Pumistone Passage Fishing Initiative

2 A Fishery lsquoESDrsquo Report deals with the management of a fishery and describes how a fisheries agency is implementing their management plan [13] to achieve ESD objectives Thus each of the ldquoESDrdquo reports being generated for export fisheries to meet EPBC requirements are actually an EMS with a specific example being the ESD report for the Shark Bay Prawn Fishery

3 Ecosystem Based Fishery Management (EBFM) deals with the aggregate management of all fisheries related activities within an ecosystem or bioregion This recognises that any fisheries agency can only directly manage ldquofisheries relatedrdquo activities (ie what is covered by their ActLegislation) To undertake EBFM requires the integrated management of all fishing activities within a region not just single fisheries to ensure that the cumulative impacts and the allocation amongst sectors are being adequately managed to assist in achieving ESD for the region (No completed examples of this are yet available)

Review of the scope of ESD and EBFM in Australia 45

4 Ecosystem Based Management (EBM) deals with the aggregate management of all sectors (fishing shipping tourism mining etc) operating within a single bioregion to achieve ESD outcomes

5 Integrated Oceans Management (IOM) not only deals with all sectors but covers a series of adjacent marine bioregions An example is bioregional planning under the EPBC Act

6 Full lsquoESDrsquo would require a completed IOM strategy that is linkedintegrated with a similarly comprehensive strategy for any adjacent terrestrial regions These could be further expanded from a region to national and international scale ESD assessments the latter would cover the entire planet

The ESD Reference Group recognised that it will be impossible to stop the development of new terms to encompass principles andor issues that are already covered by these existing terms The general principle is that in all reportspublications the use of any term should be defined or refer to a readily available source For example when using the term ESD the definition used should refer back to the 1992 National Strategy

Fletcher WJ (2006) Frameworks for managing marine resources using ecosystem approaches how do they fit together and can they be useful Bulletin of Marine Science Also see httpwwwfrdccomausubprograms

13 ESDEBFM in Australia a national response bull Regional and bilateral responses bull National response bull NationalStrategy for Ecologically Sustainable Development (NSESD 1992) bull Australiarsquos EEZ (1994) bull Oceans Policy (1998 ndash 2005) bull Environment Protection and Biodiversity Conservation (EPBC) Act 1999 bull Initiatives

- Threat Abatement Plans (TAPs) (DEWHA) - BAPs (DAFF) - NOPAs (DAFF) and

bull Capability and capacity building - Marine and Coastal Committee (MACC) - ESD Reporting and Assessment Subprogram

131 Australia regional and bilateral responses There are a range of international initiatives and measures which are to be implemented at regional levels Issues may be generic to a number of regions or specific to a particular region and governance and management responses are developed and implemented through a range of institutions and organisations such the Regional Seas Programs (RSPs) and the Regional Fisheries Boards (RFBs) or other regional management organisations These organisations and institutions may operate very differently from each other under a range of multilateral agreements some initiatives may be binding others non binding and legal instruments may be voluntary

46

(soft) or mandatory (hard) and deal with a diverse range of issues and have different timeframes

Examples of conventions and agreements relevant to the South Pacific under the Regional Seas Programme and which Australia participates in are

bull The East Asian Seas Action Plan 1981 - the protocol for the prevention of pollution by dumping

bull The South Pacific Action Plan 1982 (Noumea Convention 1982) - the protocol concerning cooperation in combating pollution emergencies

bull South Pacific Regional Environment Programme (SPREP) SPREP is a regional organisation established by the governments and administrations of the Pacific region to look after its environment SPREPrsquos focus is to sustain the integrity of the ecosystems of the Pacific islands region to support life and livelihoods today and tomorrow Coastal and marine ecosystems are included under its island ecosystems program and

bull The 1959 Antarctic Treaty to ensure Antarctica is used exclusively for peaceful purposes and scientific investigation - in recognition of Antarctica as the last great wilderness on earth the Madrid

Protocol was created under the Antarctic Treaty System in 1991 to make certain mutually agreed resolutions on the environment legally binding upon member nations

- the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR) came into force in 1982 as part of the Antarctic Treaty system in pursuance of the provisions of Article IX of the Treaty The aim if the Convention is to conserve the marine life of the Southern Ocean

Australia also participates in a number of regional and bilateral fisheries agreements including the Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific Region Commission for the Conservation of Southern Bluefin Tuna (CCSBT) Indian Ocean Tuna Commission (IOTC) the Western and Central Pacific Fisheries Commission (WCPFC) and the Forum Fisheries Agency (FFA) Responsibilities also include Australiarsquos bilateral relationships with Indonesia and Papua New Guinea and Torres Strait fisheries issues

See httpwwwuneporgregionalseas

132 Australia national response Nation States have co-operative roles at the bilateral regional and international level and responsibilities for co-ordinating implementation actions at these various levels As party to these agreements or members of the above organisations they have responsibility in complying with agreements at the national level and this may mean changes to the domestic governance and management arrangements and ocean and fisheries practices Nation States are also responsible for managing the oceans and fisheries within their own EEZ and these responsibilities may also devolve to states the sub national and to local levels

Australia is party to many of the international agreements described above such as the UN Convention of the Law of the Sea (UNLOSC) 1982 and the Convention of

Review of the scope of ESD and EBFM in Australia 47

Biological diversity (1992) In response to these Conventions and other international governance arrangements Australia developed a national approach to ESD and EBFM as outlined below

133 NSESD 1992 Australia introduced the National Strategy for Ecologically Sustainable Development (NSESD) (Commonwealth of Australia 1992a) The strategy defines Ecologically Sustainable Development (ESD) as ldquousing conserving and enhancing the communityrsquos resources so that ecological processes on which life depends are maintained and the total quality of life now and in the future can be increased (Commonwealth of Australia 1992 p 6)

The goal of NESD is development that improves the total quality of life both now and in the future in a way that maintains the ecological processes on which life depends The core objectives of NSESD are

bull To enhance individual and community wellbeing and welfare by following a path of economic development that safeguards the welfare of future generations

bull To provide for equity within and between generations and bull To protect biological diversity and maintain essential ecological processes and

life-support systems

The challenge for fisheries under NESD was for fisheries management agencies throughout Australia to adopt a fisheries ecosystem management framework that would provide a more holistic and sustainable approach to management of aquatic resources The strategic approach that was recommended included that stakeholder decision making should be based on a knowledge of the likely consequences for the resource and the environment

134 Australiarsquos Exclusive Economic Zone (1994) In November 1994 Australia became responsible under the United Nations Convention on the Law of the Sea for one of the largest ocean territories (16 million square kilometres) As described by Sainsbury et al (1997) Australiarsquos exclusive Economic Zone is one of the worldrsquos largest extending from the Antarctic to the tropics and contains a large portion of the southern hemispherersquos marine biological diversity It has international and national significance Internationally under the agreement Australia is responsible for biological diversity under its jurisdiction and has an obligation to sustainable development Nationally Australiarsquos EEZ has a high economic potential in respect of for example the development of tourism fishing industries biotechnology and the mineral and petroleum industries and these will need to be managed in an integrated manner

48

AFZ and EEZ

In November 1979 Australia declared the Australian Fishing Zone (AFZ) which is the area of sea from the coast out to 200 nautical miles offshore (1 nautical mile = 185 km) This also includes the waters surrounding the offshore territories of the Cocos Christmas Norfolk Macquarie Heard and McDonald Islands Australians are obliged to conserve and manage the fisheries and other marine life within the AFZ Foreign nations cannot legally fish within our waters without prior permission from the Australian Government On 1 August 1994 Australia declared an EEZ extending 200 nautical miles from its coastline The declaration of the Australian EEZ is consistent with the actions taken by other maritime nations under the United Nations Convention on the Law of the Sea (UNCLOS)

The AFZ and the EEZ differ in that while the AFZ relates only to the use or protection of fisheries the EEZ relates to all types of resources in the zone (eg fish oil gas minerals etc) Also under the EEZ regime where the edge of the continental shelf of Australia extends beyond 200 nautical miles Australia has the right to explore and exploit in this area the non-living resources such as oil gas and minerals as well as sedentary fisheries species (ie ones that dont move much off the seabed) The exploitation of non-living resources beyond 200 nautical miles is subject to a duty to share any profits with the International Seabed Authority also established under UNCLOS

135 Australiarsquos Ocean Policy 1998 Australiarsquos Oceans Policy was released in 1998 and continues to guide the direction of the Australian Governmentrsquos programs in the marine environment The policy provides national coordination and consistency for marine planning and management while allowing for regional diversity The policy was established with governance arrangements including

bull A National Oceans Ministerial Board of key Australian Government Ministers bull A National Oceans Advisory Group of industry community and government

stakeholders and bull A National Oceans Office which was established to provide secretariat and

technical support and program delivery for initiatives under the policy

2003 In 2003 two other bodies were established to assist the further development and implementation of Australias Oceans Policy The Oceans Board of Management comprises representatives from seven Australian Government departments and agencies relevant to Australias marine jurisdiction It was formed to provide high-level whole-of-government advice on operational aspects of Australias Oceans Policy and its central program of regional marine planning The Oceans Policy Science Advisory Group comprising representatives of Australian Government marine science and related agencies as well as State research institutions and non-government marine science interests was also formed It is tasked with promoting coordination and

Review of the scope of ESD and EBFM in Australia 49

information sharing between Government marine science agencies and across the broader Australian marine science community

2004 The Australian Government made a number of changes to institutional arrangements in 2004 The National Oceans Ministerial Board was dissolved with the Minister for the Environment and Heritage taking lead responsibility for Australias Oceans Policy in consultation with Ministerial colleagues where required The National Oceans Advisory Group now reports to the Minister for the Environment and Heritage rather than the Board The National Oceans Office was incorporated into the new Marine Division of the Department of the Environment and Water Resources and continues to have lead responsibility for regional marine planning The Marine Division brings together the key elements of marine environment policy into a central point within the Department

2005 In 2005 the Australian Government brought its program of regional marine planning directly under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) The plans will be known as Marine Bioregional Plans to reflect the part of the EPBC Act under which they will be established This initiative gives new impetus for the implementation of Australiarsquos Oceans Policy by streamlining the planning process and providing greater guidance about marine environment conservation priorities The process includes the identification and establishment of marine protected areas (MPAs) in the Commonwealth managed waters around Australia (which excludes the coastal waters managed by the states and Northern Territory) Through the marine bioregional planning program the Australian Government will

bull Prepare marine bioregional plans for Commonwealth waters under the Environment Protection and Biodiversity Conservation Act (EPBC Act)

bull Establish networks of Marine Protected Areas (MPAs) as the Commonwealth contribution to the National Representative System of MPAs and

bull Marine bioregional plans are being developed across five marine regions ndash the South-west North North-west East and South-east

It should be noted as states and the Northern Territory are responsible for the marine environment for the first three nautical miles from the shore and many ecological processes work across both the state and national waters the Australian Government aims to work cooperatively with them in developing and implementing the plans Like the Australian Government the states and the Northern Territory are already working on their contribution to the National Representative System of Marine Protected Areas

Marine Bioregional Plans will be developed in each of Australiarsquos five marine regions The South-East Regional Marine Plan was completed in 2004 and will provide the basis for a Marine Bioregional Plan to be developed under the EPBC Act The five regions are

bull South-east The South-East Marine Region covers more than 16 million square kilometres of water off Victoria Tasmania (including Macquarie Island)

50

southern New South Wales around the town of Bermagui and eastern South Australia from the South AustralianndashVictorian border to Victor Harbor

bull South-west The South-west Marine Region covers more than 13 million square kilometres of ocean waters from the eastern most tip of Kangaroo Island off the South Australian coast to a point level with Cape Inscription on the outer coast of Shark Bay off Western Australia

bull North-west The North-west Marine Region covers more than 12 million square kilometres of water between Shark Bay and the Northern TerritoryWestern Australian border

bull North The Northern Marine Region covers more than 715 000 square kilometres of water in the Gulf of Carpentaria Arafura Sea and the Timor Sea as far west as the Northern TerritoryndashWestern Australian border and

bull East The East Marine Region covers more than 2 million square kilometres of water off the east coast of Queensland and New South Wales (including Lord Howe Island and Norfolk Island) from the town of Bermagui to the tip of Cape York The Great Barrier Reef Marine Park is not included in this planning region

Marine bioregional plans will now be developed under section 176 of the EPBC Act Section 176 of the EPBC Act provides a general description of the provisions a Marine Bioregional Plan may include

bull Descriptions of the biodiversity economic social and heritage values of the region

bull The objectives of the plan relating to biodiversity and other values bull Priorities strategies and actions to achieve the objectives bull How the community can be involved in the plan and bull Mechanisms for monitoring and reviewing the plan over time

There are four stages in developing marine bioregional plans

Stage 1 The regional profile

Regional profiles are documents that describe each regionrsquos key habitats species natural processes heritage values human uses and benefits The profiles will draw on Australiarsquos growing marine science and socio-economic information base to provide a detailed picture of each marine region The regional profiles will give details about the various statutory obligations under the EPBC Act and other environmental legislation that applies in any region as well as describing existing conservation measures and other marine spatial management measures such as area closures for fisheries The regional profiles will also set out the objectives for subsequent work to identify an MPA network for the marine region which will form part of the National Representative System of MPAs

Review of the scope of ESD and EBFM in Australia 51

Stage 2 The draft marine bioregional plan

Following the release of a Regional Profile the Department of the Environment and Heritage will conduct a strategic regional assessment of conservation values and the current and emerging pressures on the marine environment The results of this assessment to be included in a draft Marine Bioregional Plan will identify key conservation and heritage priorities for each marine region and the range of legislative and administrative tools available to the Government to manage them The strategic assessment will provide valuable input to the identification of MPAs A candidate network of MPAs will be included in the draft Marine Bioregional Plan The draft Marine Bioregional Plan will be open for public consultation under regulations to be made under the EPBC Act Stage 3 The final plan

The Marine Bioregional Plan will be finalised after the public consultation It will identify conservation values in the region priorities and measures for the protection of these values a network of MPAs and a set of sustainability indicators that will be used to help explain the health of the marine environment into the future The development of Marine Bioregional Plans will include a greater focus than has occurred previously on the provision of information on each region This will be done via the internet The public will be able to view maps of a region representing different types of information (eg species distribution location of conservation values spread and intensity of industries) as well as being able to provide comments on information contained in regional profiles draft and final marine bioregional plans Stage 4 Implementation and review

Once it is finalised the Minister will be guided by the Marine Bioregional Plan for all decisions affecting the region that the Minister must make under the EPBC Act An implementation strategy will be developed and the formal legal processes to declare the MPA network will commence The Plan will be reviewed from time to time in light of new information and needs

See httpwwwenvironmentgovaucoastsoceans-policyindexhtml

136 Environment Protection and Biodiversity Conservation (EPBC) Act 1999

The Environment Protection and Biodiversity Conservation (EPBC) Act 1999 commenced on 16 July 2000 The aim of the Act is to provide an effective framework for environmental protection and conservation of Australian biodiversity It enables the Commonwealth states and territories to take a national approach to environmental protection and biodiversity conservation The Commonwealth takes responsibility for leadership on the environment and the states take responsibility for delivering on-ground resource management The objectives of the Act are

bull To provide for the protection of the environment especially those aspects that are matters of national environmental significance

52

bull Promote ecologically sustainable development through the conservation and ecologically sustainable use of natural resources

bull Promote the conservation of biodiversity bull Promote a cooperative approach to the protection and management of the

environment involving governments the community and other relevant stakeholders

bull Assist in the cooperative implementation of Australiarsquos international environmental responsibilities and

bull Recognise the role and interests of indigenous people including the use of their knowledge in the conservation and ecologically sustainable use of Australiarsquos biodiversity)

Under the Act if an action will have or is likely to have a significant impact on a matter of national significance it will require approval from the Environment Minister and may require an Environmental Impact Assessment Matters of national significance include

bull listed threatened species and ecological communities bull migratory species protected under international agreements bull Ramsar wetlands of international importance bull the Commonwealth marine environment bull World Heritage properties bull National Heritage places and bull nuclear actions (Commonwealth of Australia 2006 pg 4)

An action is likely to have a significant impact on the environment in a Commonwealth marine area if there is a real chance or possibility that the action will

bull Result in a known or potential pest species becoming established in the Commonwealth marine area

bull Modify destroy fragment isolate or disturb an important or substantial area of habitat such that an adverse impact on marine ecosystem functioning or integrity in a Commonwealth marine area results

bull Have a substantial adverse effect on a population of a marine species or cetacean including its life cycle (eg breeding feeding migration behaviour life expectancy) and spatial distribution

bull Result in a substantial change in air quality or water quality (including temperature) which may adversely impact on biodiversity ecological integrity social amenity or human health

bull Result in persistent organic chemicals heavy metals or other potentially harmful chemicals accumulating in the marine environment such that biodiversity ecological integrity social amenity or human health may be adversely affected or

bull Have a substantial adverse impact on heritage values of the Commonwealth marine area including damage or destruction of an historic shipwreck (Commonwealth of Australia 2006 pg 16)

Review of the scope of ESD and EBFM in Australia 53

Under the EPBC Act the Australian Government has consolidated its major environmental controls and effective from January 2002 the wildlife trade provisions previously implemented through the Wildlife Protection (Regulation of Imports and Exports) Act 1982 The legislation provides a framework that will enable the Australian Government to ensure that any harvesting of marine species is managed for ecologically sustainability The primary roles of the Sustainable Fisheries Section include the evaluation of the environmental performance of fisheries for strategic assessment under Part 10 of the EPBC Act assessments relating to impacts on protected marine species (Part 13) and those required for approval of export of fisheries product (Part 13A)

The EPBC Act requires all Commonwealth managed fisheries to undergo strategic environmental impact assessments before new management arrangements are bought into affect and that all fisheries with an export component undergo assessment to determine the extent to which management arrangements will ensure that the fishery is managed in an ecologically sustainable way

137 Looking to the future a review of Commonwealth fisheries policy The review highlighted

bull The need for ecosystem-based fisheries management bull The need for effective and transparent decision making to allocate access rights

among all sectors using fisheries resources bull A requirement for Commonwealth state and territory governments to ensure

that future arrangements provide for total stock management as well as better coordination of their fisheries management responsibilities and

bull Support for better targeted research and development

Community expectations that the review identified about fisheries management focused on

bull Ecologically sustainable development and efficient effective ecosystem-based management of fisheries including recovery of depleted stocks the need for improved resource sharing and institutional arrangements

bull The importance of Australiarsquos efforts in combating illegal unreported and unregulated fishing and in pursuing its interests in regional and international forums and

bull The need to encourage young people into the industry

138 Ministerrsquos announcement for Securing our Fishing Future package for Commonwealth fisheries (2005)

The $220 million Securing our Fishing Future package was announced in November 2005 and was designed to deliver profitable and sustainable Commonwealth fisheries for the future The package includes three key features

bull The 2Australian Fisheries Management Authority will introduce new fisheries management actions to ensure Commonwealth-managed fisheries remain sustainable 2Future Operating Environment for Commonwealth Fisheries

54

bull The Marine Protected Areas (MPAs) in the South-East Marine Region which have been developed by the 2Department of the Environment and Heritage to protect marine biodiversity and

bull DAFF is responsible for the development of policy and administration of the $220 million 2fisheries structural adjustment package This includes elements of the Securing our Fishing Future package such as Business Exit Assistance Business Advice Assistance Assistance for Skippers and Crew Onshore Business Assistance Fishing Community Assistance and the AFMA Levy Subsidy

Details of the Australian Governmentrsquos direction to AFMA

The Australian Government considers that decisive action is needed immediately to halt overfishing and to create the conditions that will give overfished stocks a chance to recover to an acceptable level in the near future

With this in mind Australian Fisheries Management Authority (AFMA) has been directed under section 91 of the Fisheries Management Act 1991 as follows 1 Noting the qualification in relation to internationally-managed fisheries in

paragraph 2(a)(iv) below AFMA must take immediate action in all Commonwealth fisheries to

a cease overfishing and recover overfished stocks to levels that will ensure long term sustainability and productivity

b avoid further species from becoming overfished in the short and long term and

c manage the broader environmental impacts of fishing including on threatened species or those otherwise protected under the Environment Protection and Biodiversity Conservation Act 1999

2 AFMA must take a more strategic science-based approach to setting total allowable catch andor effort levels in Commonwealth fisheries consistent with a worlds best practice Commonwealth Harvest Strategy Policy that has the objectives of managing fish stocks sustainably and profitably putting an end to overfishing and ensuring that currently overfished stocks are rebuilt within reasonable timeframes as set out below

a Consistent with the United Nations Fish Stocks Agreement and based on advice from Commonwealth Scientific and Industrial Research Organisation (CSIRO) and other relevant scientists the initial setting of the Commonwealth Harvest Strategy Policy should be

i in all Commonwealth fisheries the exploitation rate of target stocks in any fishing year will not exceed that giving the Maximum Sustainable Yield The catch of target stocks in all Commonwealth fisheries will not exceed the Maximum Sustainable Yield in any fishing year unless otherwise consistent with a scientifically robust harvest strategy designed to achieve a sustainable target level and that does not result in overfishing or overfished stocks

Review of the scope of ESD and EBFM in Australia 55

ii for the initial and default harvest strategy reductions in exploitation rate and catch are to be implemented immediately when breeding stocks are assessed to have been reduced below 40 of pre-fished levels and targeted fishing to cease when breeding stocks are assessed to have been reduced below 20 of pre-fished levels (known as a 2040 harvest strategy) Alternative harvest strategies may be developed in specific cases where they meet the sustainability objectives and do not result in overfishing or overfished stocks

iii the harvest strategy must achieve the objective of avoiding overfishing and avoiding overfished stocks with at least 80 probability (where lack of knowledge about a fish stock precludes decision making with this level of certainty decisions on catchunits should reflect the application of the precautionary principle) and

iv noting that for internationally-managed fisheries to which Australia is a party (such as the Southern Bluefin Tuna Fishery and the Heard Island and McDonald Islands Fishery) the relevant international agreement will prevail where it includes an acceptable scientific process for setting sustainable catch levels In such flora Australia will advocate its domestic policy settings as an example of best practice

b Participate in an expert review of the policy referred to in paragraph 2(a) above which will report to me by 30 June 2006

i The expert-based review of the above initial settings for the Commonwealth Harvest Strategy Policy will determine if and by how much these settings should be amended to ensure that the objectives in relation to sustainability and profitability overfishing and recovery of stocks are met within specified time limits

ii The expectation is that for some species the adoption of more conservative harvest strategies with higher stock size thresholds (eg lsquo3050rsquo strategies) lower exploitation rates or a higher probability (eg 90-95) of avoiding overfishing will be necessary to achieve these objectives

iii The review will be led by the Department of Agriculture Fisheries and Forestry (DAFF) will involve relevant bodies and will be peer reviewed by international fisheries experts

3 Noting that AFMA has released the Total Allowable Catch (TAC) levels for 2006 in the Southern and Eastern Scalefish and Shark Fishery (SESSF) and projected TAC and Total Allowable Effort (TAE) levels for the SESSF and the Eastern Tuna and Billfish Fishery respectively for 2007 AFMA must implement by 1 January 2007 harvest strategies consistent with the reviewed policy in paragraph 2(b) above for all Commonwealth fisheries

a the projected TACs and TAEs for 2007 referred to above will be subject to verification under the reviewed policy in paragraph 2(b) however it is

56

not expected that these will vary significantly from those already announced by AFMA

b the TAC level for the Bass Strait Central Zone Scallop fishery should be set at zero for a minimum of three years from January 2006 (excluding official stock surveys)

4 AFMA must also have regard to participate in or implement the following measures

a Implement the long standing government policy of managing Commonwealth fisheries using output controls in the form of individual transferable quotas by 2010 unless there is a strong case that can be made to me on a fishery by fishery basis that this would not be cost effective or would be otherwise detrimental

b In those fisheries where quota or effort-based Statutory Fishing Rights (SFRs) have been granted conduct a cost-benefit analysis to determine whether boat permits andor boat SFRs are an impediment to autonomous adjustment or are otherwise a barrier to efficient fisheries management and if this is the case whether they could be phased out by 2010 while

i Avoiding overcapitalisation ii Retaining the benefits of government funded structural

adjustment iii Managing access to all retained species

c Minimise the incentives for discarding by ensuring it is factored into the setting of total allowable catch levels

d Manage the broader environmental impacts of fishing including minimising the level of interactions with threatened or otherwise protected species

e Enhance the monitoring of fishing activity for example through increased use of vessel monitoring systems with daily reporting on-board cameras and observers

f Establish a system of independent surveys for all major Commonwealth fisheries by 1 January 2007 to increase the transparency and integrity of catch and effort information

g Identify and implement any required spatial closures in fisheries i Ensure that where ongoing exclusion of fishing is proposed there

is a coordinated approach with other relevant agencies to the identification of the Marine Protected Areas and

h Strengthen the advice to the AFMA Board by engaging high-level expertise in economics and science to provide parallel advice to the AFMA Board in relation to key Board decisions

5 AFMA must provide me with reports in May 2006 November 2006 and May 2007 outlining the following

a how AFMA is implementing this direction (paragraphs 1 to 3 above)

Review of the scope of ESD and EBFM in Australia 57

b AFMArsquos progress in implementing the direction and expected timeframes for completing the direction and

c any problems encountered with implementing the direction and the actions taken to resolve those problems

6 From 2006 ndash 2010 AFMA will outline in its Annual Report its progress in implementing this direction

a AFMArsquos performance in implementing the direction will be monitored in a number of ways These will include but are not limited to

b AFMArsquos reports to me in May 2006 November 2007 and May 2007 c ongoing briefing from my Department on the progress of the expert-based

reviews d the June 2006 report on the expert-based review of the Commonwealth Harvest

Strategy Policy e ongoing advice from Bureau of Rural Science (BRS) on the status of overfished

stocks particularly through its annual Fishery Status Reports f ongoing advice from Australian Bureau of Agricultural and Resource

Economics (ABARE) on the economic status of Commonwealth fisheries through the annual Fishery Survey Reports

g AFMArsquos Annual Reports the Department of the Environment and Heritagersquos strategic assessments of Commonwealth fisheries

Outline of the proposed Marine Protected Areas (MPAs) networks in the South-East Marine Region

The proposed Marine Protected Areas (MPAs) network in the South-East Marine Region is one of the first in a series of regional representative marine parks to be established nationally and contribute to building the National Representative System of Marine Protected Areas (NRSMPA) The proposed thirteen new Commonwealth Marine Reserves (CMR) are in Commonwealth waters within the South-East Marine Region

There are five different zones in the network 42 of the total area is sanctuary zone managed primarily for scientific research monitoring and where appropriate passive uses 36 of the network is special purpose zone closed to commercial fishing 21 of the network is classified multiple use where low-impact fishing methods and other activities are permitted The remaining area is made up of two specialised zones called the benthic sanctuary zone and the recreational use zone All CMRs are managed primarily for biodiversity conservation

Outline of the fisheries structural adjustment package

The Australian Government allocated $150 million for a one-off voluntary tender process to allow individual fishing businesses to exit from the industry or rationalise their business and remain in the industry Two rounds of a competitive tender process were undertaken within a capped budget with the aim of reducing excess fishing in fisheries that are subject to overfishing or at significant risk of overfishing

58

Business Exit Assistance was delivered through two competitive tenders The first tender round closed on 22 June 2006 and an announcement of the outcomes was made on 15 September 2006 The second round opened on Thursday 19 October 2006 and closed on the 23 November 2006 The results of the 2second round were announced on 22 December 2006 Concession holders in all Commonwealth-managed fisheries (except internationally managed and Joint Authority fisheries) were eligible to tender for Business Exit Assistance

The first tender round closed on 22 June 2006 and an announcement of the 2outcomes was made on 15 September 2006 The first round of Business Exit Assistance spent around $90 million purchasing over 400 fishing concessions from many Commonwealth fisheries In two of the four targeted fisheries ndash the Southern and Eastern Scalefish and Shark Fishery (excluding the Great Australian Bight Fishery) and the Eastern Tuna and Billfish Fishery ndash the Department achieved a very satisfying result Unfortunately very few offers from the Northern Prawn Fishery (NPF) and the Bass Strait Central Zone Scallop Fishery (BSCZSF) were accepted

The second round tender was open to all Commonwealth concession holders with the exception of internationally managed fisheries and Joint Authority fisheries The second round tender specifically targeted the NPF and the BSCZSF but sought value for money within fisheries and across other Commonwealth fisheries Close to 150 concessions were purchased following this round the NPF will realise a one third reduction in concessions while the BSCZSF reduction will be closer to 14 per cent Approximately $60 million was spent in the second round tender process Successful second round tenderers have until 15 March 2007 to hand in their fishing concessions

139 AFMArsquos response to the Ministerrsquos directive AFMA is committed to ecological and economic sustainability of the fishing industry In response to the Australian Governmentrsquos direction AFMA will implement the following measures in all Commonwealth fisheries

Sustainable stocks A new Harvest Strategy Framework will be applied to all Commonwealth managed fisheries by 2008 The framework sets the lsquogoalpostsrsquo for managing catches by setting agreed target and limit reference points and clear decision rules for each species The framework has been used for some time in Australiarsquos sub-Antarctic fisheries and was most recently used to establish Total Allowable Catches in the Southern and Eastern Scalefish and Shark Fishery

Managing risk Ecological Risk Assessments (ERAs) identify the risks that fishing poses to the ecological sustainability of the marine environment and help prioritise management needs ERAs will be completed for all Commonwealth fisheries during 2006 Many of our future fisheries management decisions will be based on the outcomes of the ERA process

Improved compliance and data To improve compliance and data and minimise management costs the following actions will be introduced into Commonwealth fisheries

Review of the scope of ESD and EBFM in Australia 59

bull Vessel Monitoring Systems (VMS) will become compulsory in all Commonwealth fisheries

bull On-board catch-monitoring cameras will also be increasingly used to complement existing Observer programs

bull An electronic licensing transaction system will be developed including the capacity for ldquoself-servicerdquo for some transactions

bull Administrative rather than prosecution based penalties will be used more frequently for fisheries offences to reduce management costs borne by the whole industry rather than the offending individual

bull The integrity of fisheries management arrangements will be improved through measures designed to minimise the black market in illegally caught fish and

bull Measures to protect threatened vulnerable or endangered species will be enhanced and further developed where necessary

Reducing discarding and bycatch

bull Discarding of species subject to a total allowable catch limit or quota management will be illegal in all Commonwealth fisheries by 2007 and

bull Assess and implement measures to significantly reduce bycatch in all Commonwealth fisheries with the goal to halve it by 2008

Efficient management arrangements

bull AFMA will support the negotiation of new Offshore Constitutional Settlement arrangements that improve the integrity of its management systems that are being developed by the Australian Government with the states and Northern Territory and

bull AFMA will begin the process of reviewing those fisheries not on ITQ management during 2006

There are also a number of fishery specific actions that relate to the Southern and Eastern Scalefish and Shark Fishery Eastern Tuna and Billfish Fishery and Bass Strait Central Zone Scallop Fishery

1310 Capability and capacity building

National Resource Management Ministerial Council (NRMMC)

National Resource Management Standing Committees (NRMSC) and Advisory Committees There are two major advisory committees that underpin the work of the NRMSC These are the 2Natural Resource Policies and Programs Committee and the 2Marine and Coastal Committee In addition there are a range of other committees working groups and task forces that undertake work as necessary and generally report to Standing Committee through one or other of the advisory committees

Natural Resource Policies and Programs Committee

The Natural Resource Policies and Programs Committee (NRPPC) was created in early 2004 through an amalgamation of the previous Programs Committee and Land Water

60

and Biodiversity Committee The NRPPC at its inaugural meeting in March 2004 focused on the high priority national issues that should be addressed strategically by the committee The high priority issues selected to set the direction for the NRPPC work plan over the next twelve months are

bull Natural resource management decision-making bull Biodiversity decline bull soil and water quality decline bull Water policy developing a complementary role to several multi-jurisdictional

issues bull Climate change and adaptation effectiveness of regional NRM delivery and bull Invasive species

NRPPC will also liaise with the Marine and Coastal Committee and other relevant bodies as appropriate on matters relevant to the NRPPC This includes advisory committees reporting to the Primary Industries Standing Committee

Marine and Coastal Committee

Membership of the Marine and Coastal Committee MACC) includes Commonwealth and state government natural resource and fisheries management agencies The MACC Secretariat is currently at the Department of the Environment and Heritage The MACC work program is involved with a wide range of issues including those related to EBFM implementation The Marine and Coastal Committee will

bull Advise and support the NRMSC (and Primary Industries Standing Committee (PISC) as appropriate) on issues of national significance relating to the conservation and ecologically sustainable development of marine and coastal ecosystems and resources

bull Provide an ongoing framework to consider issues related to sustainable industry development in the marine and coastal zone

bull Focus on the need for an integrated and strategic approach which is capable of delivering outcomes

bull Establish subordinate structurestaskforces to advance the Committees work program and direct monitor and review their work and

bull Liaise with the Land Water and Biodiversity Committee and the Programs Committee and other bodies as appropriate on matters relevant to the activities of the Marine and Coastal Committee

See httpwwwmincosgovaunrm_sc_committeeshtm

Ecologically Sustainable Development Reporting and Assessment Subprogram

The main objective of the Ecologically Sustainable Development Reporting and Assessment (ESDRA)Subprogram which is funded by the Fisheries Research and Development Corporation is to act as the coordinating hub for the development of information and tools for ESD reporting and assessment This is part of a national initiative to implement ESD within the management of all Australian fisheries and

Review of the scope of ESD and EBFM in Australia 61

aquaculture resources It is aimed at assisting fishery managers the industry environmental groups and the wider community in understanding

bull ESD and issues relating to fisheries bull The initiatives are currently underway to develop methods to assess ESD

performance in fisheries bull The 2structures that have been put in place such as the Fisheries Research and

Development Corporations ESD Reporting and Assessment Subprogram to assist these initiatives and

bull The 2progress that has been made in moving towards ESD-based fisheries management

Scope and objectives of the ESDRA Subprogram Given that Ecologically Sustainable Development (ESD) effectively includes virtually all the activities conducted by fisheries agencies and the fisheries industry it is important to define the scope of the ESD Reporting and Assessment (ESDRA) Subprogram The ESDRA Subprogram will only address national projects that seek to make a major contribution as to how reporting and assessment of ESD can be undertaken to assist in its implementation

The objectives of the Ecologically Sustainable Development Reporting and Assessment (ESDRA) Subprogram are to

bull Act as the coordinating hub for the development of information and tools for ESD reporting and assessment

bull Facilitate practical implementation of ESD initiatives by providing a leadership role

bull Coordinate and facilitate the development and evaluation of relevant applications on the reporting and assessment of ESD

bull Facilitate the participation of the ESDRA Reference Group bull Assist project integration and value-adding through regular project workshops

and bull Coordinate the formulation and delivery of the ESDRA communications

strategy

The Ecologically Sustainable Development Reporting and Assessment (ESDRA) Subprogram currently uses consultative structures that had already been developed including the Standing Committee on Fisheries and Aquaculture (SCFA) Working Group in combination with the ESD lsquoReference Grouprsquo The ESDRA Reference Group has four main roles that are to

bull Provide comments and feedback on the progress of current ESDRA projects bull Assist in the identification of future directions for projects within the ESDRA

Subprogram bull Provide comments on applications submitted for funding through the ESDRA

Subprogram and

62

bull Assist the flow of communication into and from the ESDRA Subprogram and their particular agencyindustrygroup

See 3httpwwwfrdccomausubprograms

14 Fisheries policy initiatives and mitigation measures bull Department of Agriculture Fisheries and Forestry (DAFF)

- Fisheries and Marine Environment Branch - Fisheries policy initiatives and mitigation measures and

bull The Department of Environment Water Heritage and the Arts (DEWHA) - The Coasts and Oceans Division - Fisheries policy initiatives and mitigation measures

141 Department of Agriculture Fisheries and Forestry The role of Department of Agriculture Fisheries and Forestry (DAFF) is to develop and implement policies and programs that ensure Australiarsquos agricultural fisheries food and forestry industries remain competitive profitable and sustainable DAFF policies and programs

bull Encourage and support sustainable natural resource use and management bull Protect the health and safety of plant and animal industries bull Enable industries to adapt to compete in a fast-changing international and

economic environment bull Help improve market access and market performance for the agricultural and

food sector bull Encourage and assist industries to adopt new technology and practices and bull Assist primary producers and the food industry to develop business and

marketing skills and to be financially self-reliant

Fisheries and Marine Environment Branch

Responsibilities include provision of policy advice for sustainable fishing including the effects of fishing on non-target species and the marine environment This includes bycatch policy involving both international and national plans of action for seabirds and sharks (and actions for other listed species) use of marine protected areas and ecosystem based regional marine planning under Oceans Policy and the development of a Coastal Policy The Fisheries Environment section is also responsible for administering of the Recreational Fishing Community Grants Programme and also

bull Invasive marine species tasks include coordinating the development of national policies at the Commonwealth and StateTerritory level to help prevent incursions and translocations of exotic marine pests particularly by commercial shipping operations Other activities include managing research and development activities related to introduced marine pests and

bull Domestic fisheries responsibilities include providing policy advice on national fisheries policy issues legislative processes resource access and use including native title and recreational fishing

Review of the scope of ESD and EBFM in Australia 63

Fisheries policy initiatives and mitigation measures

Two major bycatch policies have been developed to provide guidance to bycatch management in Australia The 3National Policy on Fisheries Bycatch and the 3Commonwealth Policy on Fisheries Bycatch (addressing issues in Commonwealth-managed fisheries) and the National Plans of Action (NOPAs)

National policy on fisheries bycatch Concern about the catch by the commercial fishing sector of non-target species ndash a problem known as bycatch ndash has grown in importance during the past few years with growing awareness of the need for ecologically sustainable development of the commercial fishing industry Australian governments have taken steps to address bycatch including the preparation of a threat abatement plan to mitigate the take of seabirds in longline fisheries and the development of National Plans of Action for 3Sharks and 3Seabirds

Other initiatives taken to further minimise bycatch include agreements by industry for the mandatory adoption of turtle excluder and bycatch reduction devices in several fisheries Underpinning these management practices a number of research programs are testing and promoting technological improvements to fishing gear and methods All Australian governments cooperated to develop a bycatch policy the National Policy on Fisheries Bycatch to provide a national framework for coordinating efforts to reduce bycatch The Policy provides options by which each StateTerritory jurisdiction can manage bycatch coherently and in a national context while still allowing for differences in StateTerritory fisheries Consistent with this National policy the Australian Government has developed its own bycatch policy for use in its fisheries the Commonwealth Policy on Fisheries Bycatch

The Commonwealth Policy on Fisheries Bycatch The Commonwealth Policy on Fisheries Bycatch was released jointly by the Commonwealth Ministers for the Environment and Heritage and Agriculture Fisheries and Forestry in June 2000 The policy recognises that bycatch is an important fishery management problem requiring a broad strategic approach It incorporates the views of a wide range of stakeholders such as the public the fishing industry research management and conservation agencies and non-government organisations

The Australian Fisheries Management Authority (AFMA) is committed in the policy to develop Bycatch Action Plans (BAPs) for major Commonwealth fisheries The process for developing BAPs reflect the guiding principles of the policy and the final BAPs recognise the unique biological ecological economic and social nature of individual fisheries

The BAPs focus on practical and cost-effective measures to address important bycatch issues such as the mandatory use of Turtle Excluder Devices in the prawn fisheries preventing the use of wire traces to reduce bycatch of sharks developing species-identification guides and consideration of area closures The BAPs also include commitments to improve data collection assessment and research The BAPS are based on a philosophy of continual improvement The AFMA Boardrsquos Environment

64

Committee monitors the implementation of BAPs and ensures they are reviewed and updated every two years taking into account issues raised by stakeholders

National Plans of Action To complement the various mechanisms being introduced to address the issue of bycatch and to show Australiarsquos commitment to the UN Food and Agriculture Organisationrsquos (FAO) International Plans of Action (IPOA) the Government is developing a National Plan of Action (NPOAs) for reducing the incidental catch of seabirds in longline fisheries (NPOA-Seabirds) and has developed National Plan of Action for conservation of sharks (NPOA-Sharks) 3National Plan of Action to Prevent Deter and Eliminate IUU Fishing (NPOA IUU) and development of a national strategy to address adverse human seal interactions NPOA ndash Seabirds Australia is addressing the problem of seabird bycatch in longline fisheries The principal tool through which bycatch mitigation is currently being tackled is the Threat Abatement Plan for the Incidental Catch (or by-catch) of Seabirds during Oceanic Longline Fishing Operations (TAP) The TAP is a legislated through the Environment Protection and Biodiversity Conservation Act 1999 Under the TAP Australian Government-managed longline fishers must choose between a range of measures to minimise the bycatch of seabirds depending on the circumstances of their particular operations

The Australian Government Department of Agriculture Fisheries and Forestry (DAFF) in conjunction with the Australian Fisheries Management Authority the Tasmanian Department of Primary Industries Water and the Environment and the Australian Government Department of the Environment and Heritage has undertaken an assessment on all Australian longline fisheries and their interactions with seabirds and gathered information on mitigation measures implemented and trailed to date The Assessment Report (above) Seabird Interactions with Longline Fisheries in the Australian Fishing Zone represents the first step in the development of Australiarsquos Seabird-plan

NPOA ndash Sharks The Shark-plan recognises that while Australia is not a major shark fishing nation it is acknowledged that sharks are an important part of the total quantity of Australiarsquos wild fish production and that Australian vessels regularly take sharks as target and non-target catch In addition to commercial fishing sharks may be captured by recreational fishers shark control devices for bather protection and the aquarium trade Sharks are also of cultural and spiritual significance to Australian Indigenous people The spiritual connection to shark varies regionally

Sharks are valued for their contribution to the marine environment where they often fill the role of peak predator Legislation in some states and the Commonwealth provides for the listing and protection of threatened shark species Currently there are nine shark species that are protected in Australian waters The resultant Shark-plan aims to address shark conservation and management issues through six key themes

Review of the scope of ESD and EBFM in Australia 65

bull Reviewing existing conservation and management measures bull Improving conservation and management measures bull Changes to data collection and handling bull Research and development bull Education or awareness raising and bull Improved coordination and consultation

The Shark-plan was endorsed by the Natural Resource Management Ministerial Council on 16 April 2004

NPOA-IUU Australia has implemented the IPOA-IUU domestically through its 3National Plan of Action to Prevent Deter and Eliminate IUU Fishing (NPOA-IUU) presented to the FAO on 12 March 2005 The NPOA-IUU closely follows the structure and measures of the IPOA-IUU It was developed through significant consultation with stakeholders in the fishing industry relevant non-government organisations state and territory fisheries agencies and national government departments and agencies Australiarsquos national plan outlines the domestic and international measures taken and will implement in the future to combat IUU fishing covering domestic and foreign fishing in all Australian jurisdictions

In July 2003 the Australian Government decided on a multi-faceted strategy to combat IUU fishing in Australiarsquos Southern Ocean territories The strategy aims to combat IUU fishing through

bull Better coordination and information use in Government bull Enhanced on-the-water surveillance and enforcement and bull Strongly pursuing international action at bilateral and multilateral levels

(including through the Commission on the Conservation of Antarctic Marine Living Resources CCAMLR) to strengthen existing international instruments and arrangements and where appropriate develop new ones to combat IUU activities

At the national management level Australia already applies a stringent management regime to vessels operating under its flag within the EEZ and on the high seas The fishing operations of Australian-flagged vessels within the AFZ are controlled by Federal State and Territory fisheries legislation Fishing operations are authorised through the issue of licences and concessions that are subject to specific management rules which are directed towards ensuring the long-term sustainability of the fisheries resources Risk-based fisheries monitoring and compliance regimes are developed and implemented by both the Federal and state governments to ensure that the integrity of the fisheries management arrangements is maintained The nature of each compliance program is dependent on the requirements for each fishery and involves a mixture of physical surveillance both on the water and from the air the monitoring of unloads of catches in port the auditing of paper trails to determine catch landings and technical applications such as Vessel Monitoring Systems (VMS)

66

Developing a national strategy to address adverse human seal interactions The Marine and Coastal Committee (MACC) established the National Seal Strategy Group (NSSG) comprising relevant Australian State and Territory Government agency representatives to develop a draft strategy to address human-seal interactions The Draft Strategy highlights the need to mitigate adverse impacts on Australian seal populations in the fishing aquaculture and tourism sectors

The objective of the National Seal Strategy is to facilitate a nationally coordinated approach to identify and address human-seal interactions In particular it seeks to assist the commercial fishing industry to understand the legislative requirement for the protection of seals in Australian waters and to guide fishersrsquo efforts to reduce bycatch The strategy also addresses interactions experienced in the aquaculture and tourism industry sectors

The National Seal Strategy will identify

bull Objectives and actions to be undertaken in the period 2005-2010 bull Agencies and organisations responsible for implementing each action bull Timeframes (actions to be implemented over a five year period) and bull Performance indicators

The purpose of the consultation phase is to increase awareness and understanding of the Draft National Seal Strategy and seek public input (httpwwwdaffagovaufisheries)

142 The Department of the Environment Water Heritage and the Arts The role of the Australian Government Department of the Environment Water Heritage and the Arts (DEWHA) is to focus on matters of national environmental significance by

bull Advising the Australian Government on its policies for protecting the environment and water resources

bull Administering environment and heritage laws including the 3Environment Protection and Biodiversity Conservation Act 1999

bull Managing the Australian Governments main environment and heritage programs including the $3 billion 3Natural Heritage Trust

bull Implementing an effective response to climate change and bull Representing the Australian Government in 3international environmental

agreements related to the environment and Antarctica

Throughout Australia environment and heritage issues are also managed by other levels of government

The Coasts and Oceans Division

The Coasts and Oceans Division is responsible for

bull 4Integrated Coastal Zone Management in Australia (outlined below) bull The Coastal Catchments Initiative (CCI) outlined below)

Review of the scope of ESD and EBFM in Australia 67

bull Great Barrier Reef Water Quality Protection Plan annual report bull 4Great Barrier Reef Marine Park Act review bull 4Great Barrier Reef Marine Park structural adjustment package 2004 bull 4Coastal Catchments Initiative and bull 4Queensland Wetlands Programme

Integrated Coastal Zone Management Integrated Coastal Zone Management aims to protect coastal and estuarine water quality coastal biodiversity and the economic base of coastal areas around Australia The fundamental goal of Integrated Coastal Zone Management (ICZM) is to maintain restore or improve the quality of coastal zone ecosystems and the societies they support National cooperation is required to achieve ecologically sustainable development through ICZM

The Framework for a National Cooperative Approach to Integrated Coastal Zone Management endorsed in October 2003 addresses both development and conservation challenges for coastal Australia that are of national scale and scope It recognises the need for governments to support ongoing economic social and environmental well being in the coastal zone It sets the scene for national cooperation in managing coastal issues and ensuring effective and complementary arrangements within and across jurisdictions and to better reflect the interests of coastal stakeholders

The six priority areas addressed in the framework are

bull Integration across the catchment coast ocean continuum bull Land and marine based sources of pollution bull Climate change bull Pest plants and animals bull Planning for population change and bull Capacity building

While jurisdictions have different legislative and administrative frameworks for managing the coastal zone adopting a national cooperative approach seeks to address cross border and sectoral issues harmonise joint action towards management of common issues and encourage investments from all jurisdictions

An implementation plan that seeks nationally cooperative outcomes within nominated timeframes has been released 4The National Cooperative Approach to Integrated Coastal Zone Management ndash Framework and Implementation Plan sets out under the strategic priority areas implementation objectives and actions required to address coastal management issues Actions identified in the implementation plan will build on existing coastal management initiatives at all levels of government and where feasible will be achieved through the efficient allocation of existing resources

The implementation of the Framework for a National Cooperative Approach to Integrated Coastal Zone Management is managed through the Intergovernmental Coastal Advisory Group (ICAG) comprised of representatives from the Australian Government each state government the Northern Territory Government and the Australian Local Government Association (ALGA) ICAG members meet several times a year to share experiences and to work on Framework implementation

68

Coastal Catchments Initiative The Coastal Catchments Initiative (CCI) will seek to deliver significant reductions in the discharge of pollutants to agreed hotspots where those hotspots have been identified through agreement with the relevant jurisdictions The Coastal Catchments Initiative aims to achieve target reductions in pollutant discharges to coastal water quality hotspots This will be through the development and implementation of Water Quality Improvement Plans prepared in accordance with the Australian Governments Framework for Marine and Estuarine Water Quality Protection Rollout of the CCI is to be undertaken in collaboration with State environment protection agencies

The framework builds upon key elements of the 4National Water Quality Management Strategy (NWQMS) and the 4National Principles for the Provision of Water for Ecosystems The key features of the framework include

bull The environmental values of the coastal water bull The catchment that discharges to that coastal water bull The water quality issues (eg algal blooms sedimentation high coliform

concentrations causing beach closures) and subsequent water quality objectives bull The load reductions of pollutants to be achieved to attain and maintain the

water quality objectives bull The setting of the maximum load of pollutants against diffuse and point sources

of pollution bull The river flow objectives to protect identified environmental values having

regard for matters such as natural low flows flow variability floodplain inundation interactions with water quality and the maintenance of estuarine processes and habitats

bull Management measures timelines and costs in implementing the plan and bull The grounds for a reasonable assurance from jurisdictions to provide security

for investments to achieve and maintain the specified pollutant load reduction and environmental flow targets

Fisheries policy initiatives and mitigation measures

Threat Abatement Plans The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) provides for the identification and listing of key threatening processes A process can be listed as a key threatening process if it could cause a native species or ecological community to become eligible for adding to a threatened list (other than conservation dependent) or cause an already listed threatened species or threatened ecological community to become more endangered or if it adversely affects two or more listed threatened species or threatened ecological communities

The incidental catch (or bycatch) of seabirds during oceanic longline fishing operations was listed as a key threatening process on 24 July 1995 As required under Commonwealth legislation (now the Environment Protection and Biodiversity Conservation Act 1999 Act) a Threat Abatement Plan for the Incidental Catch (or By-catch) of Seabirds During Oceanic Longline Fishing Operations was prepared and approved by the Minister for the Environment on 2 August 1998

Review of the scope of ESD and EBFM in Australia 69

The Threat Abatement Plan (TAP) expired in August 2003 necessitating a review under subsection 279 (2) of the EPBC Act The provisions of the new TAP will now apply to all fisheries managed by the Australian Government A 4Threat Abatement Plan 2006 for Bycatch of Seabirds was prepared in consultation with the Longline Fishing TAP Team to meet the requirements of the EPBC Act and to coordinate national action to alleviate the impact of longline fishing activities on seabirds in Australian waters

See 4httpwwwenvironmentgovaucoastsfisheriesindexhtml

15 Australian fisheries management In Australiarsquos federal system the national (Commonwealth) Government and state governments share management of the many high value fisheries in the oceans surrounding the continent Constitutionally the Commonwealth is responsible for the fisheries outside the three nautical mile territorial sea limit while the states manage fisheries in their adjacent waters However for reasons of practicality and efficiency arrangements which allocate the respective responsibilities of the two levels of government on a different basis may be agreed under ldquoOffshore Constitutional Settlementsrdquo for particular fisheries Fisheries management will be discussed under the following headings

bull Commonwealth fisheries bull State and Territory fisheries and bull EBFM key fisheries management concepts

151 AFMA Commonwealth fisheries The Australian Fisheries Management Authority (AFMA) is the statutory authority responsible for the efficient management and sustainable use of Commonwealth fish resources on behalf of the Australian community AFMA manages fisheries within the 200 nautical mile Australian Fishing Zone (AFZ) on the high seas and in some cases by agreement with the states to the low water mark As a general rule of thumb AFMA looks after commercial fisheries from three nautical miles out to the extent of the AFZ The states and the Northern Territory generally look after recreational fishing commercial coastal and inland fishing and aquaculture

The Australian Fisheries Management Authority (AFMA) is strongly committed to the conservation of marine ecosystems and biodiversity by promoting the sustainable use of fisheries resources AFMA aims not only for healthy fish stocks but to manage fishing in a way that takes into account its effect on the broader environment and to ensure that licensed fishers take appropriate steps to minimise their impact on the ecosystem This is achieved through

bull 5Policy and planning in managing Commonwealth fisheries the Australian Fisheries Management Authority (AFMA) has an obligation to develop plans and implement policy in the performance of its functions and the pursuit of its objectives

bull 5Licensing and quota management AFMA grants 5Permits and 5Statutory Fishing Rights for Commonwealth fisheries processes transactions in relation to these

70

concessions and maintains registers of individual transferable quota to give effect to fisheries management arrangements

bull 5Compliance AFMA has a responsibility to enforce the provisions of the 5Fisheries Management Act 1991 and the 5Torres Strait Fisheries Act 1984 through the detection and investigation of illegal activities by both domestic and 5foreign fishing boats in the Australian Fishing Zone (AFZ) and Commonwealth managed fisheries

bull 5Environment and sustainability AFMA is strongly committed to the protection of the oceanrsquos ecosystems and biodiversity by promoting the sustainable use of our fisheries resources

bull 5Data collection good decision making depends on having the best quality information available This means providing information which is relevant accurate and timely to our fisheries managers and researchers and

bull 6Partnerships AFMA maintains a firm commitment to managing Commonwealth fisheries resources for the benefit of the community as a whole Accordingly cooperation with the community industry government agencies and others with an interest in the sustainable management of the Commonwealths fisheries resources is a vital part of our approach

Environment and sustainability

The Australian Fisheries Management Authority (AFMA) is strongly committed to the conservation of marine ecosystems and biodiversity by promoting the sustainable use of our fisheries resources AFMA aims not only for healthy fish stocks but to manage fishing in a way that takes into account its effect on the broader environmentThe authority ensures that licensed fishers take appropriate steps to minimise their impact on the ecosystem

Ecologically Sustainable Development (ESD)

There is considerable community interest in the marine environment and focus is expanding from concerns about specific fish species to include broader issues regarding the use and quality of the marine environment The Australian Fisheries Management Authority (AFMA) is strongly committed to contributing to the conservation of the oceans ecosystems and biodiversity by promoting sustainable use of fisheries resources

Under AFMArsquos 6legislative objective (b) pertaining to ecologically sustainable development (ESD) the organisation has a responsibility to ensure exploitation of fisheries resources and related activities are conducted in a manner consistent with ESD and the precautionary principle

Ecosystem Based Fishery Management

Ecosystem based fishery management (EBFM) considers the impact that fishing has on all of the aspects of the broader marine ecosystem not just the target species When managing a fishery in an EBFM approach the impact of fishing on all aspects of the marine environment should be assessed This includes assessing the impact on target species bycatch species protected species habitats and communities

Review of the scope of ESD and EBFM in Australia 71

EBFM is the end goal for managing fisheries To start moving to EBFM the focus of management needs to broaden to focus on non-target species aspects of the marine environment Although this can not be achieved overnight the Australian Fisheries Management Authority (AFMA) is well on the way to achieving EBFM AFMA is undertaking a number of initiatives for implementing EBFM The following are key aspects of EBFM in AFMA fisheries bull 6Ecological risk assessments to assess the risks that fishing poses to the

ecological sustainability of the marine environment AFMA has initiated the project Ecological Risk Assessment for Commonwealth Fisheries (ERACF)

bull 6Managing bycatch the development of the Commonwealth and National bycatch policies demonstrates a commitment to ensure fisheries are ecologically sustainable through bycatch reduction improved protection vulnerable and threatened species and minimising adverse impacts of fishing on the marine environment and

bull 6Protected species as part of its commitment to promoting sustainable use of fisheries resources AFMA engages in many protected species issues

See 6httpwwwafmagovau

152 State and Territory fisheries State and Territory fisheries (apart from WA which is a stand alone fisheries department) are managed under the respective Departments of Primary Industries with fisheries just one sector of many to be managed The State and Territory departments are responsible for all the fishing sectors (commercial aquaculture recreational charter and indigenous) The State fisheries are diverse the major target species for each state are as follows New south Wales oysters (aquaculture) prawns abalone and sea mullet Northern Territory crabs mackerel gold band snapper and barramundi Queensland prawns prawns (aquaculture) coral trout and crabs South Australia southern bluefin tuna (aquaculture) rock lobster prawns abalone and oysters (aquaculure) Tasmania salmonids (aquaculture) abalone and rock lobster Victoria abalone rock lobster and trout (aquaculture) Western Australia rock lobster pearls (aquaculture) prawns and abalone (ABARE and FRDC 2007)The states and Territory fisheries are managed by the following fishery agencies

bull 6NSW Department of Primary Industries 6httpwwwdpinswgovaufisheries bull 6Northern Territory Department of Primary Industries and Fisheries

6httpwwwntgovaudpifmFisheries bull 7Queensland Department of Primary Industires and Fisheries

7httpwwwdpiqldgovau bull 7South Australia Primary Industries and Resources

7httpwwwpirsagovauindexshtml bull 7Tasmania Department of Primary Industries Water and Environment

7httpwwwdpiwtasgovau bull 7Victoria Department of Natural Resources and Environment

7wwwdpivicgovau bull 7Western Australia Fisheries 7httpwwwfishwagovau

72

All States have made a commitment to managing under ESD and EBFM principles which consider environmetal (target byproduct andbycatch TEPs species habitats and communites) economic and social components Although fisheries management approaches may differ between States generally most commercial fisheries management arrangements include consultation and stakeholder participation management plans regulations and industry codes of conduct allocation of user rights and stock assessments review of strategic management options compliance and monitoring undergo strategic and ecological risk assessments and plan and prioritise reaseach and data management requirements Actions may also include programmes to reduce capacity through structural adjustments The various State agencies are responsible for the declaration and management of MPAs in State waters

153 EBFM key fisheries management concepts A number of management processes measures and tools have been identified as good management practice and necessary elements in the implementation of EBFM These include

bull Management processes such as Fishery Management Plans (FMPs) bull Management measures such as harvest strategies and spatial management bull Management assessment and decision making tools such as

- Environmental Impact Statements (EIS) Environmental Impact Assessments (EIAs)

- risk assessments - Management Strategy Evaluation (MSE) - qualitative and quantitative models - mapping tools

bull Monitoring performance indicators decision rules and reporting bull Reporting bull Research and bull Consultation

Commonwealth State and Territory fishery agencies apply these tools for the development of policy and planning and the management of fisheries under their jurisdiction Examples of national approaches and development and application of processes measures and tools are provided where relevant

Fisheries Management Plans

An important basis for management identified by the FAO (2003) and the other EBFM approaches is the development and implementation of Fishery Management Plans (FMPs) With regard to FMPs the FAO outlines the suggested elements that should ideally be incorporated into FMPs as well as the process of developing modifying and implementing a fisheries management plan The plan should be a formal or informal arrangement between fishery management authorities and the relevant stakeholders The processes of developing and modifying fishery management plans includes scoping the fishery and area identifying the stakeholders and the broad issues

Review of the scope of ESD and EBFM in Australia 73

According to the guidelines ideally the spatial coverage of the management plan would match with a clearly defined ecosystem However it is recognised that ecosystems do not necessarily have easily defined borders and some span more than one management area The FAO suggests that EAF will also need to recognise existing fisheries management jurisdictions and build incrementally on these This may require adding additional elements to the existing plan andor coordination and additional legal and institutional measures

The FAO (2003) also suggest that it might be necessary to develop a higher level plan that outlines the broad management objectives and measures to achieve them setting out the strategic approach for the following three to five years together with an annual operational plan that sets out operational objectives indicators and performance measures Stakeholder consultation and participation is critical at all stages of developing and reviewing FMPs to maintain transparency credibility and ownership of the outcomes

EPAP (1999) suggest that FEPs must contain information about ecosystems that allow managers to make informed decisions but the primary purpose is to prescribe how fisheries will be managed from an ecosystem perspective and that the plans need to be both substantive and realistic Sissenwine and Mace (2001) believe that FEPs are a useful mechanism for implementing an ecosystem approach to responsible fisheries management WWF (2002) suggest that if FMPs are properly implemented they should enable an integrated approach to fishery management take ecosystem effects into account and mitigate the impacts on or protect significant habitats non target species and associated and dependent species and ensure that stakeholder concerns and legal obligations are addressed

Commonwealth management plans Management plans are required for all fisheries unless AFMA has determined that a management plan for a particular fishery is not warranted Each management plan sets out the objectives of the plan measures by which the objectives are to be attained and performance criteria against which the measures taken may be assessed Each plan is prepared in consultation with participants in the fishery with a draft plan to be made available for public comment Management plans are legislative documents

State and Territory management plans

State and Territory fisheries management plans are developed for those fisheries seeking assessment under Part 10 of the EPBC Act assessments relating to impacts on protected marine species (Part 13) and those required for approval of export of fisheries product (Part 13A) and form part of the submissions to DEWHA DEWHA assessment includes 8accreditation of a plan of management for the purposes of part 13 and 33 under the EPBC Act

Management measures harvest strategies and spatial management

There are a number of different management measures that may be used for harvest strategies and spatial management These are outlined in the table below This is followed by an Australian example of harvest strategies and a brief

74

description on Marine Protected Areas (MPAs) together with an outline of the Australian national approach

INPUTS (effort)

OUTPUTS (catch)

Technical Government Market

Spatial and temporal

Limited entry licence fishing units Fishing permits Gear type allowed Time at sea Vessel capacity

Fish size and sex selectivity Total allowable catch (TAC) Quotas Sustainable harvest strategies Stock assessments Decision rules and triggers

Gear restrictions and selectivity improvements mesh size escapement devices VMS Minimisation of lost fishing gear

Individual transferable quotas (ITQs) Fleet reduction buy back schemes Taxes and subsidies Bonds

Area closures critical life history stages Seasonal closures - spawning Critical habitat and protection Reserves and refuges MPAs Zoning

Draft Commonwealth fisheries Harvest Strategy Policy

The consultation period for the Draft Commonwealth fisheries Harvest Strategy Policy (March 2007) and the Draft Commonwealth fisheries Harvest Strategy Policy Guidelines (March 2007) closes on 11 May 2007 A brief outline of the approach is provided below sourced from the guidelines document Harvest strategies based on the new policy will be applied in all Commonwealth fisheries by 1st January 2008 The Policy reflects key domestic and international legislative and policy obligations for Commonwealth fisheries management Additionally it establishes a harvest strategy framework and default reference points to be applied in Commonwealth fisheries Whilst necessarily focused on the management of key commercial species harvest strategies are also a key element of the Commonwealthrsquos overall Ecosystem Based Fisheries Management (EBFM) approach To pursue the objective harvest strategies for key commercial species taken in Australiarsquos Commonwealth fisheries will be designed to produce the maximum economic yield and ensure fish stocks remain above levels at which the risk to the stock is unacceptably high In meeting all of the outcomes harvest strategies are required to consider ecosystem interactions One consideration is the relationship the species has with others in the food web or community particularly if the harvested species is a keystone species

The guidelines are intended to support harvest strategy development across the full range of Commonwealth fisheries including input and output managed fisheries single and multi-species fisheries large and small fisheries and data rich to data poor situations Rather than expecting a full quantitative assessment for each species in each fishery the Policy advocates a risk management approach whereby exploitation levels reduce as uncertainty around stock status increases This will ensure fisheries are managed at an acceptable level of risk to the Australian Government irrespective of our level of knowledge For a low value fishery AFMA and stakeholders may accept that catches will remain precautionary with supporting fishery research at low levels to better match the management costs to the business environment for that fishery In order of importance harvest strategies should be applied to target species high risk

Review of the scope of ESD and EBFM in Australia 75

byproduct species that have been identified through Ecological Risk Assessment (ERA) or other means and key byproduct species taken in a fishery A harvest strategy is a formal process for setting catch or effort limits in a fishery linked to the current status of the resource There are three key elements that make up a harvest strategy

bull Monitoring bull Stock assessment and bull A harvest control rule

Generally monitoring and stock assessments is a feature of fisheries management but not so for a set of rules for turning assessment of current stock status into clear management responses (a harvest control rule) Harvest control rules can take many different forms but they are all designed to keep stocks near target levels From an industry perspective they provide much more certainty about how management will respond to different situations Harvest strategies are concerned with management of target and major byproduct species in a fishery Additional management measures will still generally be needed to address other issues such as impacts on bycatch and protected species and habitats and communities

A management framework for most commercial fisheries will include a harvest strategy as well as other management tools often using a combination of input and output controls Harvest strategies should be developed with due consideration of these other management tools For example it is possible that Total Allowable Catches (TACs) or Total Allowable Effort (TAEs) recommended under harvest strategies at a stock or regional level may not prevent localised depletion even if overall stock sustainability objectives are achieved In such cases tools such as spatial management may need to be implemented separately or form part of the harvest strategy An increasing focus on the management of discarded or bycatch species also suggests that effective gear controls and spatial management should be carefully considered in the design of single species harvest strategies Where appropriate harvest strategies could also be linked with protected species requirements and AFMArsquos ecological risk assessment outcomes This will be a focus of future development in the application of harvest strategies to Commonwealth fisheries

MSE (outlined below under management assessment and decision making tools) will be relevant in two broad sets of circumstances The first is to develop and test ldquogenericrdquo strategies for broad classes of fishery or for particular stages of fishery development (eg developing fisheries) The second is to develop harvest strategies for specific stocks and fisheries Each approach will use operating models to guide harvest strategy development but for the latter case the operating models will have to be carefully tuned to the specific circumstances of each fishery This typically requires a reasonable time series of fishery-dependent data and information regarding the population dynamics biology and economics of the fishery

76

South East fishery implementation of F-based harvest control rules an example

Harvest control rules are based on current percentage of initial biomass target and limit fishing mortality rates Stock assessments for most species now include the full exploitation history The aim under each Tier is to determine and advise on a recommended biological catch based on information available for each species or stock on application of an explicit harvest control rule

Current harvest control rules are as follows

bull Tier 1 ndash for species with well-established stock assessments F-based harvest control rule

bull Tier 2 ndash for species with stock assessments that are highly uncertain F-based harvest control rule that is more conservative than Tier 1

bull Tier 3 ndash for species without a formal stock assessment with knowledge of catch age structure and natural mortality harvest control rule based on current F from catch curves divided by M and

bull Tier 4 ndash for remaining species a harvest control rule that uses the slope of recent CPUE trends

Many of the State fisheries have also introduced harvest strategies

Marine Protected Areas

EPAP (1999) suggest that Marine Protected Areas (MPAs) offer a means to implement the precautionary approach and mitigate the effects of fishing on ecosystems However Sissenwine and Mace (2001) suggest the MPAs may not be effective on their own as many fisheries are subject to overcapacity and that MPAs may result in displacement of effort As Sumaila et al (2000) explain MPAs may be used in combination with other management measures as part of an adaptive management approach MPAs may be used as a tool for learning and experimentation with target and non target species recovery ecosystem management co-management contribute to the sustainability of future fisheries and may also assist in improving the long term socio-economic welfare of coastal communities To fully realise the potential of MPAs a range of approaches such as ecological assessments ecological and economic modelling and resource use analysis are required

Allison et al (1998) consider MPAs will be essential to conservation efforts because they can provide management with a framework for sustainable multiple use and can potentially act as buffers against some management miscalculations and unforeseen or unusual conditions However they also raise key issues in regard to definition and uses design siting and the application of scientific knowledge suggest that large scale processes need to be taken into account and activities outside the reserve need to be managed

Australiarsquos National Representative System of Marine Protected Areas The establishment of the National Representative System of Marine Protected Areas (NRSMPA) helps to implement international and national agreements and strategies The Convention on Biological Diversity requires all member nations to among other things establish a system of protected areas and to develop guidelines for the selection

Review of the scope of ESD and EBFM in Australia 77

establishment and management of protected areas The Convention recognises that protected areas are not the only mechanism for conserving biodiversity but that they are an important element of the overall approach The Convention introduced the phrase comprehensive adequate and representative (CAR) reserves This phrase has now been incorporated as policy into all major Australian biodiversity programs

The NRSMPA supports national commitments under the 8Inter-governmental Agreement on the Environment (1992) This agreement made a commitment to develop a strategic planning approach to the marine environment with the establishment of representative marine protected areas a key component of the commitment The national commitments under the agreement are implemented through national actions and strategies including

bull 8National Strategy for Ecologically Sustainable Development (1992) and bull 8National Strategy for the Conservation of Australias Biological Diversity

(1996)

Australias governments are working together to set up a National Representative System of Marine Protected Areas (NRSMPA) throughout the entire marine jurisdiction The NRSMPA

bull Forms part of an integrated strategy for marine conservation and management The NRSMPA exists within a broader range of national and State and Territory mechanisms to achieve biodiversity conservation and the complementary sustainable management of Australias marine jurisdiction

bull Is a national system of marine protected areas that aims to contain a comprehensive adequate and representative sample of Australias marine ecosystems and

bull Consists of marine protected areas in Commonwealth State and Territory waters and some associated intertidal areas

The primary goal of the NRSMPA is to establish and manage a comprehensive adequate and representative system of marine protected areas to contribute to the long-term ecological viability of marine and estuarine systems to maintain ecological processes and systems and to protect Australias biological diversity at all levels The following secondary goals are designed to be compatible with the primary goal

bull To promote the development of marine protected areas within the framework of integrated ecosystem management

bull To provide a formal management framework for a broad spectrum of human activities including recreation tourism shipping and the use or extraction of resources the impacts of which are compatible with the primary goal

bull To provide scientific reference sites bull To provide for the special needs of rare threatened or depleted species and

threatened ecological communities bull To provide for the conservation of special groups of organisms eg species

with complex habitat requirements or mobile or migratory species or species vulnerable to disturbance which may depend on reservation for their conservation

78

bull To protect areas of high conservation value including those containing high species diversity natural refuges for flora and fauna and centres of endemism and

bull To provide for the recreational aesthetic and cultural needs of indigenous and non-indigenous people

The goals of the NRSMPA relate primarily to the conservation of biodiversity and sustainable and equitable management of human usage However the marine protected areas that make up the NRSMPA may also protect and manage many other important geological archaeological historical and cultural attributes The national framework for establishing the NRSMPA comprises

bull The Integrated Marine and Coastal Regionalisation of Australia (IMCRA v40) which is a spatial framework for classifying Australiarsquos marine environment into bioregions that make sense ecologically and are at a scale useful for regional planning These bioregions are the basis for the development of a 8National Representative System of Marine Protected Areas (NRSMPA)

bull 8Guidelines for Establishing the National Representative System of Marine Protected Areas were prepared to assist government agencies in developing the NRSMPA and to help stakeholders understand this process Government ministers of the Australian and New Zealand Environment and Conservation Council endorsed the Guidelines on 11 December 1998 The Guidelines deal with key aspects of the establishment of marine protected areas including the functions of the NRSMPA and criteria for identifying and selecting marine protected areas The Guidelines continue to be used by each jurisdiction to reinforce the national commitment to establishing the NRSMPA and

bull 8Strategic Plan of Action for the National Representative System of Marine Protected Areas integrates the policy and planning framework and outlines a set of actions to achieve the goals of the NRSMPA Government ministers of the Australian and New Zealand Environment and Conservation Council endorsed the Plan in July 1999 The Plan provides a guide to understanding the NRSMPA by defining it in the context of an array of existing mechanisms and agreements that promote the conservation of Australias marine biodiversity The Plan concentrates on the establishment of NRSMPA including performance assessment for the System and a set of actions that reflect both national intention and government priorities The Plan is a long-term national blueprint It is not useful to monitor and report on it at periods of less than one year See 8httpwwwenvironmentgovaucoastsmpanrsmpaindexhtml

Under the Environment Protection and Biodiversity Conservation Act 1999 through the marine bioregional planning program the Australian Government will prepare Marine Bioregional Plans for Commonwealth waters and establish networks of Marine Protected Areas as the Commonwealth contribution to the National Representative System of MPAs The States and the Northern Territory are already working on their contribution to the National Representative System of Marine Protected Areas As many ecological processes work across both the state and national jurisdictions

Review of the scope of ESD and EBFM in Australia 79

Management assessment and decision making tools EIAEIS Environmental Impact Assessments (EIAs) are often described as a process to investigate and assess potential environmental impacts of proposed development actions However as Harvey (1998) points out there are often differences in defining the EIA process and with regard to what is to be included (environment social cultural or economic) Harvey (1998) defines EIA as a process of identifying and predicting the potential environmental impacts (including the environment social cultural or economic) of proposed actions policies programs and proposals and communicating this information to decision makers before they make their decisions on the proposed actions

Other tools that can be used to improve the EIA process are strategic environmental assessments (SEA) As Arce and Gullon (2000) suggest the use of the EIA process as a preventative tool in terms of identifying environmental impacts can be further improved if a strategic environmental assessment (SEA) approach is taken which includes environmental assessment processes for policies plans and programs and proposals It provides the basis for a systematic integrated planning and analysis process by setting environmental policy and programs at national state and local levels and provides the context within which to assess all individual proposals This approach overcomes the problems caused by sectoral or individual decision making where assessment of proposals in isolation ignore the cumulative effects of development and the secondary effects caused through interaction of primary effects of particular industries It has other advantages in that it is an ongoing process and can be used to assess proposals at the earliest stage of development when determining the need for and level of an EIA It also provides a framework for implementation of policy goals objectives strategies and tactics

As Gilpin (1995) highlights until recently the EIA process has been considered complete once it has been decided that the proposal should proceed or not However increasingly it has been suggested that post project analysis monitoring and auditing should be part of the Environmental Impact Statements (EIS) process and may also be considered as a tool to improve the EIA process Once a decision has been made and a proposal has been given the go ahead to start as Noble (2000) suggests the EIA process can be strengthened through the use of adaptive management The environment is a complex and dynamic system There are limitations to how well impacts can be predicted and how effective safeguards and mitigation may be under different circumstances Once a proposal has started an adaptive management approach allows refinement of the original assessment process to take into account any unexpected outcomes and allows the experience and lessons learned to improve existing and future policies and practices

Australian example of the use of an EIS NSW DPI submissions to DEWHA under the EPBC Act are in the form of an Environmental Impact Statement (EIS) and Fishery Management Strategy (FMS) NSW DPI provide an Environmental Impact Statement for public consultation These are very detailed documents and address the following

80

bull the ecological (target byproduct bycatch TEP habitats and wider ecosystem) economic and social components

bull a draft fishery management strategy(goals objectives and management responses)

bull performance monitoring and review (predetermined performance indicators and trigger points)

bull proposed harvesting strategy and bull impact on fish resources and biophysical environment (risk assessment)

Risk assessment Risk assessment is an important decision making tool for policy makers and managers in assessing economic and social activities that may pose risks to the environment and to mitigate against such adverse outcomes or surprises According to Bergman (2005) risk is the chance within a time frame of an adverse event with specific consequences Risk assessments are used to make decisions about current activities and their associated uncertain future outcomes in relation to environmental economic and social aspects It is important to evaluate and communicate the extent and nature of uncertainty in relationship to the activities and the risks these pose

Concepts of probability influence risk measurement interpretation and communication Probability can be viewed as the statistical frequency (or relative frequency) with which an event is expected to occur and it can be viewed as the degree of belief warranted by evidence However given the range of words used to indicate probability in terms of what is known perceived or believed about processes or outcomes it is therefore important to be clear about the use and interpretation of such words and the evaluations and conclusions that may be drawn

Judgements about risks may be underestimated or ignored depending on societal choices based on particular values at a particular time Bergman (2005) suggests that environmental risk management cycle includes problem formulation hazard identification risk analysis sensitivity analysis decision making monitoring communication and updating It is viewed as a learning process and as new information becomes available this allows for improved understanding and decision making over time

Risk assessments for Commonwealth fisheries There are a number of different risk assessment approaches used in Australia The Ecological Risk Assessment for the Effects of Fishing (ERAEF) approach has been applied to 30 of AFMA managed Commonwealth fisheries The (ERAEF) framework involves a hierarchical approach that moves from a comprehensive but largely qualitative analysis of risk at Level 1 through a more focused and semi-quantitative approach at Level 2 to a highly focused and fully quantitative ldquomodel-basedrdquo approach at Level 3 This approach is efficient because many potential risks are screened out at Level 1 so that the more intensive and quantitative analyses at Level 2 (and ultimately at Level 3) are limited to a subset of the higher risk activities associated with fishing It also leads to rapid identification of high-risk activities which in turn can lead to immediate remedial action (risk management response) The ERAEF approach is also precautionary in the sense that risks will be scored high in the absence of information evidence or logical argument to the contrary

Review of the scope of ESD and EBFM in Australia 81

The approach makes use of a general conceptual model of how fishing impacts on ecological systems which is used as the basis for the risk assessment evaluations at each level of analysis (Levels 1 to 3) For the ERAEF approach five general ecological components are evaluated corresponding to five areas of focus in evaluating impacts of fishing for strategic assessment under EPBC legislation The five components are

bull Target species bull By-product and by-catch species bull Threatened endangered and protected species (TEP species) bull Habitats and bull Ecological communities

ADM Smith A J Hobday H Webb R Daley S Wayte C Bulman J Dowdney A Williams M Sporcic J Dambacher M Fuller T Walker (2006) Ecological Risk Assessment for the Effects of Fishing Final Report R041072 for the Australian Fisheries Management Authority Canberra

Hobday A J A Smith H Webb R Daley S Wayte C Bulman J Dowdney A Williams M

Sporcic J Dambacher M Fuller T Walker (2006) Ecological Risk Assessment for the Effects of

Fishing Methodology Report R041072 for the Australian Fisheries Management Authority Canberra

Risk assessment for State and Territory fisheries States and territories either use the system developed under the ESD Subprogram based on component trees or tender to independent companies to complete risk assessments In early 2000 the Fisheries Research and Development Corporation (FRDC) funded a study to develop an ESD reporting framework for Australian fisheries One of the major outcomes required from this project was the production of a lsquoHow Torsquo guide to assist individuals agencies and the industry to provide comprehensive accounts of the current performance of their fisheries A manual National ESD Framework Project Ecological Risk Assessment Version 4 has been created to assist participants in meeting all or part of the ESD process in particular those involved in the Risk Assessment stage There are four main elements in the process to complete an ESD report which include

1 Identifying the issues relevant to the fishery 2 Prioritising these issues 3 Completing suitably detailed reports on the performance of the fishery for each

issue (dependent upon their priority and complexity) 4 The compilation of summary background material on the fishery the major

species affected and the environments that the fishery operates within This enables the reader to put the material within the assessment report into an appropriate context

A number of tools have been developed to assist completing each of the four elements A feature of these tools is the high level of involvement and input from each of the major stakeholder groups Some of these tools can be used without completing the entire process eg steps one and two can be used to complete a risk assessment as used in this manual

82

Step 1 How the issues are identified bull The first step in the ESD reporting process is to identify the relevant issues for

the fishery under consideration This is assisted through the use and modification of a set of generic component trees

bull There is one generic component tree for each of the eight components of ESD (see appendix for details) Each of these trees was developed by the ESD Reference group to cover the suite of issues that are relevant to fisheries

bull Each of these components is broken down into more specific sub-components for which ultimately operational objectives could be developed

bull The generic component trees are used as a starting point with each fishery tailoring them to suit their individual circumstances expanding some sub-components and collapsing or removing others depending upon the fishing methods areas of operations and the species involved and

bull Using these component trees assists the process of issue identification by moving through each of the ecological components of ESD in a comprehensive and structured manner maximising consistency and minimising the chances of missing issues

Step 2 How the issues prioritised (risk assessment)

bull Tailoring the component trees to a fishery often results in a large number of issues being identified the importance of which varies greatly In many cases it will be helpful to prioritise the issues so that the level of management actions and the details of the reports generated are aligned with the importance of the issue

bull To determine the priority of issues and the appropriate level of response risk assessment methodology can be used to assist this process This methodology operates by completing an assessment of the Risk associated with each of the identified issues as an initial screening exercise For many issues however this initial screening is likely to be just the first step in a hierarchical process for determining what actions need to be taken

bull The risk analysis tool used in this ESD process is based upon the ASNZ Standard but adapted for use within the fisheries context It works by assigning a level of consequence (from negligible to catastrophic) and the likelihood of this consequence occurring (from remote to likely) for each issue

bull From the combination of consequence and likelihood an overall level of Risk is generated This Risk can then be used to assist in deciding whether an issue requires specific management or not and

bull To be of value it is not sufficient to only quote the levels of consequence and likelihood levels chosen and the subsequent risk ratings generated Instead appropriately detailed justifications got why these levels were chosen and why any decisions were made are also needed The key element is that other parties who were not part of the process to generate the report need to be able to see the logic and assumptions behind the decisions that were made

Step 3 How performance reports are completed (note this is not a formal part of the risk assessment process but an outcome) Two levels of reporting are suggested depending on the appropriate level of management response

Review of the scope of ESD and EBFM in Australia 83

bull Where specific management is not needed (ie low or negligible risk) reports only need to justify this conclusion In some cases only a few lines or a few paragraphs may be needed to achieve this However in other cases this may require a number of analyses and several pages of justification and

bull Where specific management actions are needed a full performance report that details all elements of the management system is probably required

Step 4 The compilation of summary background material on the fishery

An appropriate level of background material on the fishery is necessary to put the other sections of the report into context The material presented should include a detailed description of the history of the fishery its area of operation fishing methods used and species targeted A summary of the biological and ecological characteristics of the main species and habitats that are affected by the fishery should also be provided

National ESD Framework Project Ecological Risk Assessment Version 4 (October 2004) FRDC Project Team (W Fletcher K Sainsbury J Chesson and T Hundloe)

Fletcher W J 2005 The application of qualitative risk assessment methodology to prioritize issues for fisheries management ICES Journal of Marine Science 62 1576e1587

Management Strategy Evaluation As outlined by WWF (2002) Management Strategy Evaluation (MSE) is an approach that builds on current fisheries management approaches to include performance evaluation as part of a formal adaptive approach to fisheries management According to Sainsbury et al (2000) Management Strategy Evaluation (MSE) is an approach that provides a practical framework for evaluating the effectiveness of prospective management strategies in achieving defined objectives The approach is participatory and requires close collaboration between management agencies stakeholders and technical experts

The MSE approach involves assessing the consequences of a range of management strategies or options and presenting the results in a way that makes explicit the trade-offs in performance across different management objectives The approach does not seek to specify an optimal strategy or decision Instead it aims to provide decision-makers with the information on which to base a rational decision given their own objectives preferences and attitudes to risk It deals explicitly with multiple and potentially conflicting objectives and with scientific uncertainty In dealing explicitly with sources of uncertainty and in predicting the consequences of alternative management actions it directly supports operational use of the precautionary approach

As Sainsbury et al (2000) explain MSE has been used to develop management strategies to achieve objectives relating to target species and to the ecosystem and has been applied to fisheries problems involving spatially based management and should be applicable to the design and monitoring of marine protected areas However the application of MSE to examine a wider range of ecosystem and resource use objectives will involve dealing with greater levels of uncertainty and complexity than has been attempted to date

84

Figure 1531 Framework for management strategy evaluation (MSE) (Sainsbury K Punt and Smith A (2000)

An Australian example the Alternative Management Strategies for the Southern and Eastern Scalefish and Shark Fishery The Southern and Eastern Scalefish and Shark Fishery (SESSF) is a multi-species multi-sector fishery that stretches from SE Queensland to SW Western Australia The SESSF includes the former South East Trawl Fishery (SETF) East Coast Deepwater Zone (ECDWZ) Victorian Inshore Trawl (VIT) Gillnet Hook and Trap Fishery (GHATF) and Great Australian Bight Trawl Fishery (GABTF) sectors and was recently brought under a single management plan The GHATF is an amalgamation of the former Southern Shark Fishery and the South East Non-trawl fishery The creation of the SESSF has provided AFMA with a platform to improve management of the fishery by moving towards a more ecosystem based approach by managing the sectors under common goals and objectives

The Alternative Management Strategies (AMS) Project was set up to explore scenarios for improved management of the SESSF and to present these scenarios to stakeholders and decision makers The aim is to focus on integrated management solutions (ie using a coordinated combination of management tools) with impacts on the ecology and all aspects of the fishery and on all sectors being considered simultaneously

Method and approach The AMS Project Team has taken a Management Strategy Evaluation (MSE) approach to the task it was set This involves a series of steps

bull Identifying the issues and objectives bull Listing a set of performance indicators that measure success in addressing

issues and meeting objectives

Review of the scope of ESD and EBFM in Australia 85

bull Identifying alternative prospective solutions (alternative integrated management scenarios)

bull Evaluating each management scenario against the performance indicators bull Highlighting the tradeoffs between management scenarios in achieving

objectives and addressing issues bull Communicating the results to stakeholders and decision-makers

Steps 1 and 3 have involved active consultation with stakeholders The Project Team conducted port visits around the fishery in October 2003 to identify specific issues of concern to fishers A Steering Committee comprising representatives from each major fishing sector together with an environmental representative and representatives from the major funding agencies (AFMA FRDC) was established A joint workshop involving the Project Team and the Steering Committee was held in April 2004 to identify the management scenarios that would be evaluated

Qualitative and quantitative models Models may be qualitative or quantitative capturing a diverse range of information such as environmental economic and social According to EPAP (1999) modelling is an essential scientific tool for developing ecosystem approaches for fishery management Models have the potential to provide managers with information about how ecosystems are likely to respond to changes in fishery management practices As with MSE ecosystem models will involve dealing with greater complexity than traditional models As Charles (2001) suggests integrated models focus on the need to understand the complex interrelationships amongst the components (environmental institutional social and economic) of the fishery and can be used as a tool for assessing policy development integrated management and decision making for EBFM Modelling can also be used to understand the past which is particularly valuable in assessing past management practices and thus providing a learning environment (adaptive management) and to predict the future outcomes of proposed management actions

Stefanssonrsquos (2003) view is that many important management questions can only be addressed by the use of complex models and that tools such as these are needed to evaluate ecosystems in a more comprehensive manner He suggests that an important result from modelling is the potential to be able to view the system and fisheries as a whole To do this requires extensive data some of which may not be available but highlights what data is needed to be able to predict the effects of particular management measures or to be able to provide management advice In cases where data is missing if management is to be in accordance with the precautionary approach management measures will need to be implemented to deal with such uncertainty If the necessary data is available providing the ability to predict outcomes of proposed actions and therefore reducing uncertainty it may then be possible to reduce or relax some measures

Qualitative model an Australian example An Australian example of a qualitative model approach Rothlisberg and Okey T (2006) Variation in banana prawn catches at Weipa a comprehensive regional study Fisheries Develeopment Research Corporation final report 2004024 The goal of the overall study has been to better understand why the commercial catch of banana prawns

86

has declined in the Weipa region of Australiarsquos northern prawn fishery An array of possible explanations has been considered over the course of this study and three main hypotheses remain as viable explanations for a decline in catch

bull Prawn recruitment has collapsed due to overfishing bull Recruitment has collapsed due to a change in the prawnrsquos environment and bull Adult banana prawns are still present but fishers cannot find or catch them

because - the searching power of the fishing fleet has declined - adult banana prawns are staying inshore away from fishing grounds - adult banana prawns are no longer schooling

The purpose of this work has been to draw together what is known about the banana prawnrsquos biology ecosystem and fishery within a qualitative modelling framework that in a rigorous manner allows organised thinking about how the system works From this knowledge relatively simple models are developed that are used to the explore possible dynamics of the system and from which hopefully an increased understanding of the system can be gained distinguish what is likely behaviour of the system from what is not and to pose new and testable hypotheses for future management and research efforts

Another purpose of qualitative modelling is to provide a means to juxtapose and compare results from other modelling techniques such as those with statistical and quantitatively derivations so as to better distinguish what is a general and emergent property of the system from what is merely an artefact of a specific modelling assumption A useful attribute of the qualitative modelling approach is the ability to quickly develop and combine sub-models for different elements of a system eg biology fishery economics environmental influences The behaviour of the overall model can be evaluated as well as the behaviour of its component sub-models and compared with the behaviour of models with a simplified structure

Quantitative model an Australian example Atlantis (Fulton et al 2004) is one example of an ecosystem model used for decision support within EBFM in Australia Two other software packages functioning in the same role are Ecopath with Ecosim (Walters et al 1997 Christensen and Walters 2004) and InVitro (Gray et al 2006) Atlantis is an ecosystem-level modelling framework intended for management strategy evaluation (as described in de la Mare 1996 Cochrane et al 1998 Butterworth and Punt 1999 Sainsbury et al 2000) It has been applied in 14 marine systems around the world but has been used primarily in Australia and the USA It is a box-model that contains sub-models representing each step in the management strategy and adaptive management cycles By providing a range of alternative formulations for the main causal mechanisms thought to be acting in marine ecosystems it allows for the deployment of a range of model structures (from simple to highly complicated and complex) with regard to marine ecosystem and management questions Two demonstrative Atlantis-based studies are the evaluation by Fulton et al (2004) of robust ecological indicators of the ecosystem impacts of fishing and the quantitative phase of the Alternative Management Strategies for the southeast Commonwealth fisheries (Fulton et al 2007)

Review of the scope of ESD and EBFM in Australia 87

The first of these two studies the evaluation of ecological indicators considered the performance of hundreds of indicators with regard to their ability to robustly detect or predict trends in key variables of interest (ldquoattributesrdquo) in the system To do this the management strategy evaluation (MSE) approach was used where an ecosystem ldquooperating modelrdquo was used to generate the simulated data which in turn was used to calculate and test the performance of the indicators A number of simulated systems (both coastal and open ocean over multiple scales) were considered interesting the performance of most indicators showed a great deal of continuity over this wide range of system types Ultimately this led to a set of guidelines regarding the need for flexible suites of indicators and the form of indicators monitored (ie easily measured often size or biomass based from a range of species types) which matched recommendations from long term purely empirical studies (Link 2005)

The second study considering alternative management strategies for the southeast fisheries has also taken an MSE approach In this case the MSE is fully closed ndash in that the entire management cycle is considered with feedback rather than breaking it and considering monitoring in semi-isolation The Atlantis model applied to the question broke the system down into 67 ecological components (including detritus oxygen and nutrients) and 25 fisheries (based on targeting and gear type) which were in turn composed of multiple sub-fleets (based on more economically based characteristics such as boat and crew size ) The findings largely back up those of the qualitative phase of the study though they did highlight a few areas where behaviour (as dictated by rules laid down in consultation with fishers) did not go as imagined in the qualitative exercise (eg the costs of changing gear meant it was not as readily adopted as thought in the qualitative study) The demands of quantitative modelling also meant more detail was elucidated in areas where the qualitative study had been allowed to remain vague At time of writing this report these quantitative findings are too new to know their ultimate impact but even now it is considered a highly informative exercise

Mapping tools As Charles (2001) suggests there are many ways of depicting fisheries information graphically and this approach often makes presentation of the facts or issues very clear to stakeholders As Pauly et al (2003) point out mapping of spatial information is now possible with the application of PC based geographical information systems (GIS) to summarise ecosystem and human information based on a range of sources The development of GIS is a useful tool for EBFM These maps can provide for example a snapshot of the geographical boundary of an ecosystem together with the spatial distribution of habitat and fish species fishing effort and management jurisdictions at a temporal scale of a day week month year This snapshot can then provide a basis for future evaluation comparisons A more complicated map may also overlay other marine users showing where there might be potential for conflict between users andor high stress on a particular area of the ecosystem The information presented in this manner can also be used for decision making purposes

Mapping tools an Australian example Bureau of Rural Sciences (BRS) The Atlas of Australian Marine Fishing and Coastal Communities is the first Australia-wide comprehensive and authoritative mapping

88

initiative presenting an overview of Australian fishing activities and coastal communities

The Atlas shows where fish are caught in Australiarsquos oceans the value of those catches where different fishing gears are used and the species that are taken It also provides information on the socio-economic characteristics of coastal communities in eight marine regions around Australia The Atlas is comprised of two products

bull The Marine Matters National Atlas is available in 8hard copy and as a PDF 8download and

bull A companion 9website featuring an interactive online mapping system and more detailed social profiles of coastal Australia

Marine Matters National has been produced to inform decision makers responsible for the management of activities in Australiarsquos marine waters and to aid the Australian and state and territory governments in developing and implementing policy initiatives It is also a flexible and readily accessible information source for anyone with an interest in the management of Australiarsquos marine estate

The Department of Agriculture Fisheries and Forestry produced the Atlas with the support of the Fisheries Research and Development Corporation the Department of the Environment Water Heritage and the Arts and other agencies around Australia with a responsibility related to fisheries This work builds upon the successful 9Marine Matters ndash Atlas of marine activities and coastal communities in Australiarsquos South-East Marine Region

See 9httpwwwaffagovaubrs

Monitoring performance indicators decision rules and reporting

As Cochrane (2002) highlights the high end policy statements set the broad principles for EBFM governance and management but need to be translated into goals and suggest there are four subsets These are biological and ecological which may be viewed as constraints to achieving the economic and social subset benefits Goals are an important first step providing both guidance and highlighting conflicting goals or those needing to be prioritised However goals in themselves are too general for implementation and require the development of operational objectives which precisely outline the agreed objectives and what is to be achieved (outcomes) A management strategy can then be developed using a suite of different management measures setting the parameters for achieving the operational objectives Appropriate reference points and indicators may be developed for each operational objective to measure and monitor outcomes against stated objectives and decision rules in place should the management strategy not be successfully met

The purpose of indicators is to enhance communication transparency effectiveness and accountability in natural resource management As outlined by the FAO (1999) many countries have agreed to develop and report on indicators of sustainable development At an international level indicators can help streamline inputs to global reporting and assessments and make comparisons between countries At a regional level indicators can help in harmonising strategies for management of transboundary resources and

Review of the scope of ESD and EBFM in Australia 89

measuring overall health of large scale marine ecosystems Nationally indicators can produce a holistic picture of the fisheries sector and its environment At the fishery level indicators provide an operational tool for management in policy setting and evaluation assessing objectives and triggering management responses

FAO (1999) suggest that indicators should provide a practical and cost effective means of tracking progress towards sustainable development (for ecosystems economic and social components) predict or warn about potential problems in the future facilitate learning by comparing performance between fisheries and inform policy aimed at mitigating problems According to the FAO (2003) guidelines the aim in setting indicators reference points and performance measures is to provide a framework to evaluate management rules and to assess performance of the fishery An indicator tracks the key outcome identified in the operational objective and when compared with agreed target and limit reference points provides a measure on how well management is performing (performance measure) The target should be the desired state of the indicator and the limit should be a boundary beyond which it is undesirable to be The target and limit can be quantitative or can reflect a trend (FAO 2003 page 55)

Gislason et al (2000) suggest that a key challenge to incorporating ecosystem objectives within fisheries management is to define measurable indicators and cost effective monitoring programs that relate to ecosystem objectives as well as reference points that trigger management actions A challenge for science is to reach consensus on indicators and reference points that will support decision making on ocean use activities and highlight the need to consider impacts on both the structure (biodiversity) and the function (habitat productivity) of marine ecosystems They also suggest that indicators need to have some predictive power and are sensitive to ecosystem change

According to Seijo and Caddy (2000) fishery indicators should be able to provide information for assessing the ecological economic and social performance of the fishery and as an element of the management plan they should become an input for establishing over time new reference points and corresponding management strategies to achieve them They suggest that the use of one or two indicators is unlikely to be effective and may require sets of indices that reflect the state of the resource and the socio-economic aspects

As highlighted by Dahl (2000) each fishery has unique characteristics A challenge is to develop a set of generalised indicators that can be adapted to the local situation while permitting broad comparisons and evaluations For example a general indicator can be used but targets and trends need to be locally determined As Dahl points out indicators only work if there is a data collection system to support them In some instances it may be more practical to choose an indicator that is less satisfactory theoretically but has a greater chance of reliable data collection and use

The WWF (2002) discuss targets in relation to shifting baselines (incremental change over time) and preventing further decline in ecosystems Marine ecosystems are not well understood and there are few long term datasets under these conditions it is difficult to predict and recognise ecosystem changes due to human impacts Adopting targets that trigger actions and intervention to reverse the trend of shifting baselines and incremental change in the condition of ecosystems is important Indicators are helpful

90

in performance evaluation and may be used for example to assess the performance of the fishery in relation to stock and ecological objectives

As the FAO (1999) highlight for indicators to be a successful tool in evaluating performance and progress towards sustainability an adequate form of reporting is essential Reports need to be accurate complete transparent and timely It is helpful for reports to be consistent across fisheries and within jurisdictions as this allows aggregation at the different levels from the local to the national Sainsbury and Sumaila (2003) suggest fisheries management is an interactive system and therefore it is important to report and evaluate the whole management system not just its individual parts

Australia Most fishery management plans outline the monitoring performance indicators and the decision rules A number of reviews research projects and reports have been undertaken to facilitate development and use of monitoring performance indicators decision rules and reporting of performance as listed below Ecological Indicators for the Impacts of Fishing on Non-Target Species Communities and Ecosystems Review of Potential Indicators (3172004) EA Fulton ADM Smith H Webb and J Slater Ecological Indicators of the Ecosystem Effects of Fishing Final Report (3172004) EA Fulton M Fuller ADM Smith A Punt Best Practice Reference Points for Australian Fisheries a report to Australian Fisheries Management Authority and the Department of the Environment and Heritage (In press) K Sainsbury Fletcher WJ Chesson J Fisher M Sainsbury KJ Hundloe T Smith ADM and B Whitworth (2003) National Application of Sustainability indicators for Australian fisheries Final Report FRDC Project 2000145 Fletcher WJ Chesson J Sainsbury KJ Fisher M Hundloe T (2004) ESD Reporting and Assessment Subprogram Development of Assessment Tools for the National ESD Framework ndash initial scoping exercise Final Report FRDC Project 2002086 Canberra Australia Schirmer J and Casey AM 2005 Social Assessment Handbook A guide to methods and approaches for assessing the social sustainability of fisheries in Australia FRDC ESD Reporting and Assessment Subprogram Publication No 7 Fisheries Research and Development Corporation and Bureau of Rural Sciences Canberra

Reporting

State of the Environment reporting (SoEs) The fisheries reporting requirements may be mandated under government (Commonwealth and State and Territory) Acts fishery management Acts Fishery Management Plans or other management arrangements Reporting requirements may be set at a number of different levels from local regional state and national or by organisations such as fishery management agencies and industry

At the national level Australia is responsible for reporting on the state of Australiarsquos environment through the State of the Environment Reports This is an independent report to the Australian Government Minister for the Environment and Heritage The purpose and objectives are to provide accurate up to date and accessible information about environmental and heritage conditions trends and pressures for the Australian continent surrounding seas and Australiarsquos external territories The first report was published in1996 followed by one in 2001 with the most recent report in 2006 These

Review of the scope of ESD and EBFM in Australia 91

reports include seven major themes Two of themes relate to oceans and fisheries in particular these are

bull Coasts and oceans - marine biodiversity - pressure on Australiarsquos coasts and oceans - responses to pressures and

bull Environmental governance - EPBC Act

Most states and territories also prepare SoEs for their respective states which also include reports on oceans and fisheries issues and responses

Department of the Environment Water Heritage and the Arts (DEWHA) prepare a number of annual reports as follows

bull Report on the operation of the EPBC Act 1999 bull Department of the Environment and Heritage Annual Report and bull National Oceans Office annual report

Commonwealth and State and Territory Fisheries reports

bull The Australian Government prepares an annual report for GRBMPA bull CAMMLR bull BRS publish Fishery Status reports for Commonwealth managed fisheries bull AFMA annual reports and bull State and territory fisheries reports vary in terms of reporting period and by

fishery

Research

Research is undertaken for Commonwealth and State fishery management agencies by a number of different government departments as well as by independent researchers The main Commonwealth agencies responsible for research provision for fisheries management include BRS and ABARE divisions within DAFF AFMA within DEWHA and FRDC

BRS Division Bureau of Rural Science (BRS) is a scientific bureau within the Department of Agriculture Fisheries and Forestry At the interface between science and policy BRS is an essential part of the Governments capacity for integrated evidence-based policy development

BRS provides scientific advice to government in support of more profitable competitive and sustainable Australian agricultural food fisheries and forestry industries and enhancing the natural resource base to achieve greater national wealth and stronger rural and regional communities

The Fisheries and Marine Sciences Programme provides scientific advice on Australiarsquos marine ecosystems and the sustainable harvesting of fish stocks Activities

92

include the publication of reports on the status of Commonwealth fisheries and marine resources collaboration with regional agencies in managing high seas fisheries research into target and bycatch species assessments of fish stocks and fisheries management analysis of human interactions with the marine environment and management of national fisheries information systems The program also covers modelling and Geographic Information System (GIS) applications impacts from other industries and international fisheries issues

See 9httpwwwaffagovaubrs

ABARE Division Australian Bureau of Agricultural and Resource Economics ( 9ABARE) is an Australian Government economic research agency noted for its professionally independent research and analysis and over sixty years has amassed a wealth of expertise in applied economic research ABARE uses latest innovative modelling techniques and extensive corporate databases contain data not available elsewhere

Fisheries Resource Research Fund DAFF administers funds for fisheries related research from the Fisheries Resource Research Fund (FRRF) The FRRF receives an annual Government appropriation and is an important source of research funding Although the FRRF is managed by the DAFF AFMA is consulted on expenditure from the FRRF by participating in an advisory committee that evaluates applications for funding FRRF programs are intended to provide an agreed program of independent assessment of Commonwealth fisheries management performance and support the development of new and improved policies for the management of Australias fisheries

See 9httpwwwaffagovau

AFMA The Australian Fisheries Management Authority (AFMA) establishes research priorities for Commonwealth fisheries and arranges for research to be undertaken to address these priorities In line with these priorities research undertaken for AFMA seeks to address a number of fisheries management related issues The majority of research undertaken by AFMA pursues the following research objectives

bull To undertake and improve fishery assessments including biological and economic assessments of target stocks bycatch species and fishery impacts on the ecosystem and

bull To identify strategies to ensure the sustainable use of fishery resources and address information gaps to ensure the effective management of these fisheries

See 9httpwwwafmagovau

Review of the scope of ESD and EBFM in Australia 93

FRDC The Fisheries Research and Development Corporation (FRDC) and its stakeholders have analysed the fishing industryrsquos business environment and the likely developments during the next 20 years

This analysis resulted in identification of the following five strategic challenges bull 9Natural resource sustainability ndash maintain and improve the management and use

of aquatic natural resources to ensure their sustainability bull 9Resource access and resource allocation ndash optimise resource access resource

allocation and opportunities for each sector of the fishing industry within a rights-based framework

bull 9Response to demand profitability ndash respond to and take advantage of increased demand for seafood and for recreational and customary fishing experiences Enhance the profitability of the fishing industry

bull 1People development ndash develop people who will help the fishing industry to meet its future needs and

bull 1Community and consumer support ndash increase community and consumer support for the benefits of the three main sectors of the fishing industry

Demand for FRDC investment in research and development activities is increasing as stakeholders become more aware of the challenges they are facing Translating the demand into investment that will fulfil stakeholdersrsquo needs is not easy Fisheries and aquaculture managers often have different research and development priorities to industry There is also increasing pressure from other areas of the community for public sector funds This in turn limits the investment in research and development by government

Subprograms and other initiatives On occasion it becomes evident that a planned research and development outcome could be achieved more successfully if a number of related projects were managed more intensively by employing higher levels of coordination integration and communication than for individual projects In that event the FRDC either on its own initiative or at the request of a stakeholder group establishes a managed subprogram An example is the Rock Lobster Enhancement and Aquaculture Subprogram Formation of a managed subprogram provides a higher level of service in project management The role of managed subprograms is to

bull develop strategic plans for research and development that take into account other strategic plans and subsequently maintain strategic directions and be responsive to changing circumstances

bull set research and development priorities to maximise investment in that field avoid duplication and achieve the greatest potential return

bull invite research and development applications to address those priorities bull maximise collaboration between researchers and between researchers fisheries

managers and fishing industry interests bull attract other research and development funding and influence the way in which

other funding entities apply their investments in that field

94

bull standardise on the best scientific methods bull communicate regularly with potential beneficiaries and bull influence the adoption of research and development results

Current subprograms are

bull 1Abalone Aquaculture bull 1Atlantic Salmon Aquaculture bull 1Aquaculture Nutrition bull 1Aquatic Animal Health bull Effects of Trawling bull 1Ecologically Sustainable Development (ESD) Reporting and Assessment bull 1Rock Lobster Post Harvest bull 1Rock Lobster Enhancement and Aquaculture bull Southern and Eastern Scalefish and Shark Fishing Industry Development bull 1Southern Bluefin Tuna (SBT) Aquaculture

See 1httpwwwfrdccomauresearchpriorities

Consultation

Consultation is a key aspect of EBFM and is an important feature of Commonwealth and State fisheries management

Commonwealth fisheries The fisheries resources AFMA manages are important community assets which support significant commercial fishing activity recreational fishing and some subsistence and traditional fishing The very nature of fish and their habitats means fisheries resources are also of interest to a range of other stakeholders including environmental groups resource managers researchers indigenous and community groups

The Australian Fisheries Management Authority has a responsibility to consult with all stakeholders on fisheries resources when making management decisions This is achieved through the 1Management Advisory Committees (MACs) established by the 1Australian Fisheries Management Authority (AFMA) Board for each major AFMA-managed fishery

State and Territory fisheries State and Territory fisheries also use MACs or similar groups such as Fisheries Management Committees (FMCs) or Fisheries Advisory Committee (FAC) Another example is the West Australian ESD Fisheries Reference Group The purpose of the group is to ensure the effective development and implementation of an ESD policy for WA fisheries and to provide support to stakeholders and the general community The Group has been involved in the development of the States ESD fisheries policy and its review at regular intervals It also monitors the implementation of ESD within each of the seven major fisheries that require immediate attention in terms of preparation of assessment reports required by Environment Australia

Review of the assessment methods of ESD and EBFM in Australia 95

2 REVIEW OF THE STRATEGIC ASSESSMENT METHODS UNDER THE EPBC ACT AND MANAGEMENT APPROACHES

The review will be presented in two parts Review of fishery assessment reports by fishery agencies submitted to DEWHA for Strategic Assessment under the EPBC Act (21) Review and report on the major issues raised from the EPBC strategic assessment process for ESD and EBFM (22)

21 Review of strategic assessment processes under the EPBC Act

This part of the review will include

bull Environment Protection and Biodiversity Conservation (EPBC) Act 1999 bull Review of State and Commonwealth fishery strategic submissions to DEWHA

and bull DEWHA assessment of fisheries under EPBC Act

211 Environment Protection and Biodiversity Conservation (EPBC) Act 1999

The Environment Protection and Biodiversity Conservation (EPBC) Act 1999 commenced on 16 July 2000 The aim of the Act is to provide an effective framework for environmental protection and conservation of Australian biodiversity It enables the Commonwealth states and territories to take a national approach to environmental protection and biodiversity conservation The Commonwealth takes responsibility for leadership on the environment and the states take responsibility for delivering on-ground resource management The objectives of the Act are

bull To provide for the protection of the environment especially those aspects that are matters of national environmental significance

bull Promote ecologically sustainable development through the conservation and ecologically sustainable use of natural resources

bull Promote the conservation of biodiversity bull Promote a cooperative approach to the protection and management of the

environment involving governments the community and other relevant stakeholders

bull Assist in the cooperative implementation of Australiarsquos international environmental responsibilities and

bull Recognise the role and interests of indigenous people including the use of their knowledge in the conservation and ecologically sustainable use of Australiarsquos biodiversity

Under the Act if an action will have or is likely to have a significant impact on a matter of national significance it will require approval from the Environment Minister and may require an Environmental Impact Assessment Matters of national significance include

96

bull World Heritage properties bull Ramsar wetlands of international importance bull Listed threatened species and communities bull Migratory species protected under international agreements bull Nuclear actions and bull The Commonwealth marine environment

(EA EPBC Act Guidelines page 1)

When deciding whether to approve the taking of an action and what conditions to impose the Commonwealth Environment Minister must consider social and economic matters and relevant environmental impacts The Minister must also take into account

bull The principles of ecologically sustainable development bull Decision-making processes should effectively integrate both long-term and

short-term economic environmental social and equitable considerations bull If there are threats of serious or irreversible environmental damage lack of full

scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation

bull The principle of inter-generational equity ndash that the present generation should ensure that the health diversity and productivity of the environment is maintained or enhanced for the benefit of future generations

bull The conservation of biological diversity and ecological integrity should be a fundamental consideration in decision-making

bull The assessment report on the impacts of the action bull Any other information about the impacts of the action and bull Relevant comments from other Ministers (such as information on social and

economic factors)

212 Review of State and Commonwealth strategic assessment submissions to DEWHA The following State and Commonwealth fishery agency strategic assessment submissions to DEWHA under the EBPC Act are examples from each jurisdiction Full details are provided in Appendix A In this section for each jurisdiction (NSW NT QLD SA TAS VIC WA and the Commonwealth) the following format will be used

bull List of fisheries managed by that jurisdiction bull Outline the jurisdiction approach to strategic assessment submissions to

DEWHA and bull A summary of management approach adopted by the fishery agency with an

example fishery from each jurisdiction It should be noted that the information provided below and in Appendix A was current at the time of the submission and some aspects of the legislation management monitoring and performance arrangements may have changed since then

Review of the assessment methods of ESD and EBFM in Australia 97

New South Wales fisheries bull 1Abalone Fishery bull 1Estuary General Fishery bull 1Estuary Prawn Trawl bull 1Lobster Fishery

bull 1Ocean Hauling Fishery bull 1Ocean Trap and Line Fishery bull 1Ocean Trawl Fishery

The submissions to DEWHA under the EPBC Act are in the form of an Environmental Impact Statement (EIS) and Fishery Management Strategy (FMS) as outlined below

Environmental Impact Statement (EIS) NSW DPI provides an Environmental Impact Statement for public consultation These are very detailed documents and address the following bull the ecological (target byproduct bycatch TEP habitats and wider ecosystem)

economic and social components bull a draft fishery management strategy(goals objectives and management

responses) bull performance monitoring and review (predetermined performance indicators and

trigger points) bull proposed harvesting strategy and bull impact on fish resources and biophysical environment (risk assessment)

Fishery Management Strategy (FMS) A fishery management strategy is a document outlining the management goals objectives strategies for achieving the objectives (including the fishing or activity controls) performance indicators and the monitoring programs that apply to a fishery or activity Fishery management strategies are valuable because they bull provide a long term vision for management of a fishery or activity bull clearly outline the strategies that are in place to achieve that vision bull provide stakeholders with greater certainty by knowing the management

programs that apply in the fishery or activity provide useful background information and

bull the strategies will allow the community to scrutinise the management arrangements for each fishery or activity and seek to ensure that the management arrangements in place provide sustainable fisheries and activities into the future

98

NSW Department of Priamry Industry submission to DEWHA (September 2005) for the NSW Abalone fishery an example Legislation Commonwealth legislation Wildlife Protection (Regulation of Export

and Imports) Act 1982 Environment Protection and Biodiversity Conservation (EPBC) Act 1999

NSW Legislation Fisheries Management Act 1994 Environmental Planning and Assessment Act 1979 Marine Parks Act 1997 National Parks and Wildlife Act 1974 and Threatened Species Conservation Act 1995 Port Corporation and Waterways Management Act 1995 Crown Lands Act 1989 and Rivers and Water Act 2000 Foreshores Protection Act 1948 Food Production (safety) Act 1998 Food Production (safety) Act 1998

Management Management plans and regulations Fisheries management (general) regulation

2002 Fisheries Management (Aquatic Reserves) Regulation 2002 New South Wales Abalone Share Management Plan 2000 (5 year statutory plan commenced 18 February 2000) Fisheries Management (Abalone Share Management Plan) Regulation 2000 Fishery Management Strategy (included in EIS report Vol 2 Chapter D) Draft Abalone Fishery Code of Practice

Code of practice Draft Abalone fishery code of practice Harvest strategies Target inputoutput annual quota allocation and

TAC

Spatial management Divided into 6 regions for stock assessment purposes Marine parks and aquatic reserves where harvesting limited Seasonal closures (time and spatial)

Assessment

Stock assessment Target annual stock assessment

EIS Ecological (target byproduct bycatch TEP habitats and wider ecosystem) economic and social components

Review of the assessment methods of ESD and EBFM in Australia 99

Risk assessment Broadly consistent with the guidelines for ESD reporting for Australian fisheries lsquoHow to Guidersquo for Wild Capture Fisheries by Fletcher et al 2002 It addresses the impact on fish resources and biophysical environment Target byproduct and bycatch TEP habitat and ecosystems

Economic components Analysis based on compilation of existing data

Social components Descriptions of community values and views associated with the Abalone Fishery including social capital skills base and transferability of skills with a brief analysis of the basis of these views and perceptions

Governance No Monitoring

Monitoring DPIampF statewide Long Term Monitoring Program (LTMP) started in 19999

Performance indicators and trigger points Objectives performance indicators and review triggers for ecological economic and social components

Observer program No Reporting Fishers A daily docket recording catch and effort

information such as the zones fished dive time catches taken from each zone information on the crew boat used and the consignee

NSW DPI Annual abalone fishery reports Research

Research Strategic research plan objectives strategies and priorities

Consultation

Management Advisory Committees (MACs)

Northern Territory fisheries bull 1Aquarium Fishery bull 1Demersal Fishery bull 1Finfish Trawl Fishery bull 1Mud Crab Fishery

bull 1Shark Fishery bull 1Spanish Mackerel Fishery bull 1Timor Reef Fishery bull 1Trepang Fishery

100

The submissions to DEWHA under the EPBC Act addressed the EPBC principles and objectives for the ecological components only

NT DPIFW submission to DEWHA (May 2002) for the NT Spanish mackerel fishery and example Legislation Commonwealth legislation Wildlife Protection (Regulation of Export

and Imports) Act 1982 Environment Protection and Biodiversity Conservation (EPBC) Act 1999 National Policy on ESD and the National ESD framework for Australian fisheries

NT legislation NT Fisheries Act 1998 Review of the Fisheries Act 1998 a discussion paper (February 2006) NT Fisheries Regulations (operational 1st January

1993) Management Management plans and regulations Spanish Mackerel Fishery Management Plan in

force at 1st February1993 Review of Spanish Mackerel Fishery Management Plan discussion paper November 2000

Codes of practice No

Harvest strategies Target species input controls

Spatial management No

Assessment

Stock assessment Target species annual stock assessment based on age structured modelling

EIS No

Risk assessment No

Economic components No

Social components No

Governance No

Monitoring

Monitoring Monitoring of target species and byproduct Bycatch TEP habitat ecosystems provision for comments in logbook

Performance indicators and trigger points Proposed objectives indicators and trigger points and management action (review of management arrangements)

Observer program No

Reporting

Fishers Daily logbook listing catch effort and market details returns to the Fisheries Division on a monthly basis

NT DPIFM Annual status and technical reports

Review of the assessment methods of ESD and EBFM in Australia 101

Spanish mackerel fishery assessment reports every 3-5 years

Research

Research Strategic plan for fisheries research and development 2005-2009

Consultation

Spanish Mackerel Fishery Management Advisory Committee (SMACMAC)

Queensland fisheries bull 1Blue Swimmer Crab Pot Fishery bull 1Coral Fishery bull 1Coral Reef Fin Fish Fishery bull 1Deepwater Finfish Fishery bull 1Developmental Jellyfish Fishery bull 1Developmental Slipper Lobster

Fishery bull 1East Coast Inshore Finfish

Fishery bull 1Finfish (Stout Whiting) Trawl

Fishery bull 1Gulf of Carpentaria

Developmental Finfish Trawl Fishery

bull 1Gulf of Carpentaria Inshore Finfish Fishery

bull 1Gulf of Carpentaria Line Fishery bull 1East Coast Beche-de-mer Fishery

bull 1East Coast Otter Trawl Fishery bull 1East Coast Pearl bull 1East Coast Spanish Mackerel

Fishery bull 1East Coast Trochus Fishery bull 1East Coast Tropical Rock

Lobster Fishery bull 1Eel Fishery bull 1Marine Aquarium Fish Fishery bull 1Marine Specimen Shell Fishery bull 1Moreton Bay Developmental

Beche-de-mer Fishery bull 1Mud Crab Fishery bull 1River and Inshore Beam Trawl

Fishery bull 1Rocky Reef Finfish Fishery bull 1Spanner Crab Fishery

The submissions to DEWHA under the EPBC Act addressed the EPBC principles and objectives (ecological components only)

QLD DPI submission to DEWHA (September 2005) for the QLD Coral reef fin fish fishery (July 2005) an example Legislation

Commonwealth legislation Great Barrier Reef Marine Park Act 1975 (Commonwealth)

Marine Parks Act 1982

Nature Conservation Act 1992

Environmental Protection and Biodiversity Conservation (EPBC) Act 1999

QLD legislation Fisheries Act 1994

102

Fisheries Regulations 1995

Integrated Planning Act 1997

Management

Management plans and regulations Fisheries (Coral Reef Fin Fish Fishery) Management Plan 2003

Code of practice DPIampF intends to hold a stakeholder workshop in early 2005 to develop a code of practice for commercial line fishers on discarding fish Both the commercial and recreational sectors have voluntary Codes of Practice that explicitly refer to minimising and reporting interactions with TEP species

Harvest strategies TAC and ITQs with limited entry catch quota management scheme As part of the ELF project the CRC Reef has evaluated a number of alternative management strategies (Mapstone et al 2004) which has been used to inform management decisions The use of ELFSim a model designed to simulate responses to management changes based on information gained during the ELF project also helps inform management data

Spatial management Zoning and temporal closures

Assessment Stock assessment Target species no formal stock

assessment model has been applied but status is assessed using fishery dependent (logbooks) and independent information

EIS No Risk assessment No however processes have been put in

place in the CRFFF to increase the information available on interactions with ETP species a detailed risk assessment of the actual and potential impacts to particular speciesgroups is still some time off Accordingly in producing this ecological assessment DPIampF contacted a number of experts knowledgeable about different ETP species and threats to them and asked them to rate the likelihood and severity of interactions with the CRFFF

Economic components No

Social components No

Review of the assessment methods of ESD and EBFM in Australia 103

Governance

Monitoring and performance Monitoring The DPIampF statewide Long Term

Monitoring Program (LTMP) started in 1999

Performance indicators and trigger points A detailed evaluation and review process for the CRFFF has been included as a fundamental of the new management arrangements The evaluation and review measures also provide a trigger for responses where the objectives are not being achieved The Plan does not prescribe the type of management measures that will be triggered by review events nor the timeframes in which management change should occur in the event of a review being triggered

Observer program An observer program enabling the placement of observers on commercial line fishing vessels operating on the GBR will be explored further in the coming months and if possible be developed for implementation later in 2005 As part of its ELF program CRC Reef conducted direct observations using at sea observers of commercial fishing operations in the CRFFF over a two-year period from 1996-1998

Reporting Fishers Daily logbook records must be returned to

DPIampF at the end of each month QLD DPI Annual status reports first report planned

2006 Research

Research The Scientific Advisory Group (SAG) of Reef MAC reviewed the research needs for the fishery and a number of projects were identified as priorities

Consultation

Management Advisory Committees (MACs)

South Australian fisheries bull 1Abalone Fishery bull 1Beach-cast Seagrass and Marine

Algae Fishery bull 1Blue Crab Fishery

bull 1Giant Crab Fishery bull 1Lakes and Coorong Fishery bull 1Marine Scalefish Fishery bull 1Pilchard Fishery

104

bull 1Prawn Trawl Fisheries bull 1Rock Lobster (Jasus edwardsii)

Fishery bull 1Scallop and Turbo Fishery

bull 1Seahorse Marine Services bull 1Sea Urchin Fishery bull 1Specimen Shell Fishery

The submissions to DEWHA addressed the EPBC principles and objectives (ecological and included economic social and governance components)

SA PIRSA submission to DEWHA (September 2005) for the SA Lakes and Coorong fishery an example Legislation International United Nations Convention on the Law of the Sea

1982 Ramsar Convention

Commonwealth legislation Environmental Protection and Biodiversity Conservation (EPBC) Act 1999

State legislation The Fisheries Act 1982 insofar as this Act applies to the River Murray seeking to further the objects of the River Murray Act 2003 and the objectives of a healthy River Murray under that Act Review of fisheries Act Fisheries (Scheme of Management ndash Lakes and Coorong Fishery) Regulations 1991 Fisheries (General) Regulations 2000 Fisheries (Management Committees) Regulations 1995

Management Management plans and regulations Draft Management Plan for the South Australian

Lakes and Coorong Fishery 2005-2010 (July 2005)

Codes of practice FRDC project( June 2007) development of a code of practice for mitigation of bycatch

Harvest strategies Inputoutput controls

Spatial management Spatial and temporal closures

Assessment

Stock assessment Target sp Full stock assessment status report or literature review

EIS No

Risk assessment Planned for non target species Economic components Economic flow of benefits to broader community

Social components Maintain equitable access recreational fishers and indigenous communities

Governance Cost-effective and participative governance of the fishery

Monitoring and performance Monitoring A strategic monitoring plan developed

Performance indicators and trigger points Target ecosystems economic and social

Review of the assessment methods of ESD and EBFM in Australia 105

governance objectives indicators and reference points and triggers

Observer program No

Reporting Fishers Fishers logbook program which requires

all commercial fishers to compulsorily record daily information on catch and effort levels and other details on daily fishing operations This information is submitted monthly and entered into a database which is managed by SARDI

PIRSA Status reports and literature reviews Research

Research Strategic research and monitoring plan with priorities updated annually

Consultation

The Fisheries (Management Committees) Regulations 1995 outline a set of co-management principles and establish a number of Fisheries Management Committees (FMCs)

Tasmanian fisheries bull 1Abalone Fishery bull 1Commercial Dive Fishery bull 1Giant Crab Fishery bull 1Freshwater Eel Fishery bull 1Kelp Fishery bull 1Marine Aquarium Fish Fishery

bull 1Native Oyster Fishery bull 1Octopus Fishery bull 1Rock Lobster Fishery bull 1Scalaris Abalone Fishery bull 1Scallop Fishery

The submissions to DEWHA under the EPBC Act addressed the EPBC principles and objectives (ecological only)

TAS DPIW submission to DEWHA (April 2006) for the TAS Giant crab fishery an example Legislation Commonwealth legislation Environmental Protection and Biodiversity

Conservation (EPBC) Act 1999 State legislation Tasmanian Living Marine Resources

Management Act 1995 Fisheries (Giant Crab) Rules 2006 Living Marine Resources Management Act 1995 Fishing (Licence Ownership and Interest)

106

Registration Act 2001 Marine Farming Planning Act 1995 Regulations Fisheries (General and Fees) Regulations 2006 Fisheries (Infringement Notices) Regulations 2001 Fisheries Penalty Regulations 2001 Fishing (Licence Ownership and Interest) Registration (Fees) Regulations 2002 Marine Farming Planning Regulations 1996 Orders Fisheries (Research Area) Order 2005 Fisheries (Research Area) Order 1996 Fisheries (Value of Fish) Order 1997

Management Management plans and regulations Fisheries (Giant Crab) Rules 2006

(managed under a management plan) Fisheries (Processing and Handling) Rules 2001

Codes of practice Voluntary industry Clean Green program Harvest strategies Target Outputs Total allowable catch

(TAC) and the minimum size limit Inputs limited entry gear restrictions quota units

Spatial management Closed season for females

Assessment

Stock assessment Target annual stock assessment New stock assessment model under development The assessment also provides analysis of byproduct bycatch TEP interactions ecosystem impacts

EIS No

Risk assessment Risk assessment on impact of traps on habitat (2005)

Economic components No

Social components No

Governance No

Monitoring and performance Monitoring A research program has been initiated to provide

ongoing monitoring of bycatch in the absence of a regular observer program

Performance indicators and trigger points Performance in meeting objectives of maintaining biomass and recruitment measured CPUE size and sex distributions changes in fishing area size of

Review of the assessment methods of ESD and EBFM in Australia 107

giant crab fleet Trigger points are levels of or rates of changed that are considered outside the normal variation of the stocks and fishery which when occurs the Minister will review the management of the fishery

Observer Program No

Reporting Fishers The provision of log sheets on a monthly

basis is mandatory Fishers cannot renew their giant crab licence unless all their log sheets have been submitted Giant crab fishers are required to complete a daily catch and effort log sheet by midnight for every day that fishing occurs

DPIW The Rural and Marine Industry Profiles (1999 20032004) are a comprehensive guide to Tasmanias animal plant fisheries and organics industries The Tasmanian Marine Industry Profiles are a comprehensive guide to the wild fisheries and the aquaculture sector Each profile includes the industry structure economic data government inputs and involvements objectives for the future and topical issues

Research

Research Research program is underway

Consultation

Crustacean Fisheries Advisory Committee (CFAC)

Victorian fisheries bull 1Abalone Fishery addressed

guidelines bull 1Eel Fishery addressed guidelines bull 1Giant Crab Fishery addressed

guidelines bull 1Jellyfish Fishery developmental

fishery management plan bull 1PQ Aquatics management

arrangements was open for comment until 271106

bull 1Rock Lobster Fishery addressed guidelines

bull 1Scallop Fishery statement of management arrangements and bycatch monitoring report

bull 1Sea Urchin Fishery statement of management arrangement VIC DPI submissions to DEWHA

The submissions to DEWHA varied as outlined above For those that addressed the guidelines only the ecological components were considered For the abalone fishery

108

(used as an example) the ecological economic social and governance components were considered

VIC DPI submission to DEWHA (April 2001) for the VIC Abalone fishery an example Legislation Commonwealth legislation Environmental Protection and Biodiversity

Conservation (EPBC) Act 1999 State legislation The Fisheries Act 1995

Management Management plans and regulations Abalone Management Plan (March 2002) Codes of practice No Harvest strategies Target quotas legal minimum lengths

limited entry annual TAC is determined for each zone

Spatial management Zoning and seasonal closure for greenlip abalone

Assessment

Stock assessment Blacklip A fishery assessment model has been developed for blacklip abalone that incorporates reported catch catch rates (optional) and independently estimated abundance The model needs to account for all mortality including landed (illegal legal and recreational) discarding high grading and mortality during discarding Greenlip estimate of absolute abundance was made from the 1998 surveys MAFRI undertakes annual surveys of abalone communities at 150 fixed locations across breadth fishing grounds

EIS No

Risk assessment Blacklip A risk-based approach is adopted that incorporates the uncertainty in estimates of current and predicted stock status into the decision-making process The risk framework provides for robust assessments of the consequences of alternative management strategies on the relative biomass of exploited abalone populations

Economic components Catching production and economic efficiency

Social components Equitable distribution

Governance Costs compliance and co-management

Monitoring and performance Monitoring The Abalone Fishery Committee (AFC)

will monitor the performance of the

Review of the assessment methods of ESD and EBFM in Australia 109

fishery annually as a complement to its role in TAC setting This monitoring will be based largely on reports covering each of the ecological economic social and governance dimensions of the fishery

Performance indicators and trigger points Objectives performance indicators trigger points for ecological economic social and governance Reference points were not applicable for many of the objectives either for reasons of utility or practicality

Observer program MAFRI on-board observer program Reporting Fishers Data include daily commercial catch

weight (kg) of blacklip and greenlip abalone and effort (min) for each operator at a scale of reef complexes small bays and headlands This reporting is a mandatory component of the Abalone Quota Management System administered by Fisheries Victoria

VIC DPI MAFRI observer reports MAFRI assessment reports

Research

Research Research and development is an important component of the abalone fishery management process and includes the ecological economic social and governance components

Consultation

The CAFC to be renamed the Abalone Fishery Committee (AFC) THE CAFC is a committee established by the Fisheries Co-management Council to carry out the functions of a fishery committee under Part 6 of the Fisheries Act 1995

Abalone Fishery Advisory Group

Western Australian fisheries bull 1Abalone Fishery bull 1Abrolhos Island and Mid West

Trawl Managed Fishery bull 1Beche-de-mer Fishery bull 1Broome Prawn Managed

Fishery bull 1Cocos (Keeling) Islands Marine

Aquarium Fish Fishery bull 1Exmouth Gulf Prawn Fishery

bull 1Kimberley Prawn Managed Fishery

bull 1Mackerel Fishery bull 1Marine Aquarium Fish Fishery bull 1Northern Demersal Scalefish

Managed Fishery bull 1Northern Developmental Blue

Swimmer Crab Fishery bull 1Octopus Fishery

110

bull 1Onslow and Nickol Bay Prawn Managed Fisheries

bull 1Pearl Oyster Fishery bull 1Pilbara Trap Fishery bull 2Pilbara Trawl Fishery bull 2Salmon Managed Fisheries bull 2Shark Bay Experimental Crab

Fishery bull 2Shark Bay Prawn Fishery bull 2Shark Bay Scallop Fishery bull 2Shark Bay Snapper Fishery bull 2South Coast Crustacean Fishery bull 2South Coast Trawl Fishery

bull 2Specimen Shell Managed Fishery

bull 2Temperate Shark bull 2Tropical Shark bull 2Western Rock Lobster Fishery

(environmental economic and social aspects)

bull 2West Coast Deep Sea Crab Interim Managed Fishery

bull 2West Coast Purse Seine Managed Fishery and South Coast Purse Seine Managed Fishery WA

The submissions address the EPBC guidelines and provide a ESD performance report and an ecological risk assessment report

WA Fisheries submission to DEWHA (October 2001) for the WA Western rock lobster fishery an example Legislation Commonwealth legislation The Offshore Constitutional Settlement

(OCS) arrangements between Western Australia and the Commonwealth Government of 1995 Environmental Protection and Biodiversity Conservation (EPBC) Act 1999

State legislation Fish Resources Management Act 1994 (FRMA) Fish Resources Management Regulations 1995 (FRMR) Fisheries Notices amp Orders (Notices made under the Fisheries Act 1905 and Orders made under the FRMA)

Management Management plans Western Rock Lobster Management Plan

The Western Rock Lobster Limited Entry Notice 1993

Code of practice No Harvest strategies Licence limitation minimum size limits

gear restrictions Spatial management Spatial zones and temporal closures

Assessment

Stock assessment Annual assessment of target species using fishery independent surveys and on board monitoring monthly returns from commercial operators and annual

Review of the assessment methods of ESD and EBFM in Australia 111

estimates of recreational and indigenous harvest

EIS No

Risk assessment A formal ecological risk assessment that was conducted by independent consultants International Risk Consultants (see IRC 2001)

Economic components No but the SCFA ESD Component Report contains a comprehensive performance evaluation of the WRL fishery based upon the framework described in the Fisheries WA ESD policy (Fletcher 2001)

Social components No but the SCFA ESD Component Report contains a comprehensive performance evaluation of the WRL fishery based upon the framework described in the Fisheries WA ESD policy (Fletcher 2001)

Governance Performance report using component tree management effectiveness arrangements compliance allocation between users legal arrangements consultation

Monitoring and performance Monitoring Ongoing monitoring programs are

supported by a long history of research programs on the biology ecology and interactions of lobsters along the west coast of WA

Performance indicators and trigger points SCFA ESD Component Reports(see Section 5) contains the available objectives indicators and performance measures for measuring the effectiveness of the management arrangements for the WRL fishery For some components the objectives indicators and performance measures are well established and the data are available to demonstrate levels of performance over time For other components the objectives indicators and performance measures have only just been developed andor the necessary data collection is only just being initiated

Observer program On board observer program covering all zones times and depth ranges

Reporting Fishers Monthly returns voluntary daily logbooks

112

WA Fisheries State of Fisheries Annual Report Annual Reports to industry

Research

Research The Performance reports for retained species non retained species the general environment and governance each provide information on supporting research for the Western Rock Lobster

Consultation

Rock Lobster Industry Advisory Committee (RLIAC) which is a statutory committee under legislation (S29 and S30 of the FRMA) and also from requested submissions from industry groups (eg WAFIC) other stakeholder groups (eg Recfishwest Conservation Council of WA) and the general public

Commonwealth fisheries bull Antarctic

- CCAMLR New and Exploratory

- Heard Island and McDonald Islands

- Macquarie Island bull Bass Strait Central Zone Scallop bull Christmas Island and Cocos

(Keeling) Islands bull Coral Sea bull Eastern Tuna and Billfish bull Norfolk Island bull North West Slope bull Northern Prawn bull Skipjack Tuna bull Small Pelagic

bull Southern and Eastern Scalefish and Shark

- Commonwealth Trawl - Great Australian Bight

Trawl - Gillnet Hook and Trap - East Coast Deepwater

Trawl bull South Tasman Rise bull Southern Bluefin Tuna bull Southern Squid Jig bull Western Tuna and Billfish bull Torres Strait bull Western Deepwater Trawl

The submissions to DEWHA under the EPBC Act addressed the EPBC principles and objectives (ecological only)

The Commonwealth assessment must specifically address all aspects of the Guidelines for the Ecologically Sustainable Management of Fisheries In particular the assessment must demonstrate that the fishery is ecologically sustainable in terms of its impact on

a) target species b) non-target species and bycatch and c) the ecosystem generally (including habitat)

Review of the assessment methods of ESD and EBFM in Australia 113

In particular the assessment must include a) a description of the potential impacts of the fishery on the environment

(including to the extent possible information on the degree of confidence with which the impacts can be predicted and quantified)

b) an analysis of the nature and extent of the likely environmental impacts including

c) whether the impacts will be short term or long term impacts d) an assessment of whether any environmental impacts are likely to be unknown e) unpredictable or irreversible f) an analysis of the significance of the potential impacts and g) reference to the technical data and other information relied upon in assessing the

environmental impacts of the fishery

The assessment shall include consideration of impacts associated with the conduct of the fishery such as the discharge of waste and other pollution risks (including lost gear) The assessment shall include consideration of the international arrangements established for the management of the species The assessment must include information on the recreational catch sector and its impact on stock sustainability

Summary of Commonwealth fishery submission to DEWHA (September 2003) for the Eastern Tuna and Billfish fishery an example Legislation International United Nations Fish Stocks Agreement

which came into force on 11 December 2001 United Nations Convention on the Law of the Sea Food and Agricultural Organisation of the United Nationrsquos Code of Conduct for Responsible Fisheries and Convention on the International Trade in Endangered Species of Wild Fauna and Flora South Pacific Forum fisheries Agency Convention 1979 Convention for the Prevention of Pollution from Ships (MARPOL 7378) Bilateral agreements between Japan and Australia regarding the shark bycatch code of practice and seabird mitigation measures

Commonwealth legislation Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Offshore Constitutional Settlement (OCS)

Management Management plans Fisheries Administration Act 1991 The

legislative basis for AFMArsquos management

114

of fisheries is the Fisheries Management Act 1991 The Eastern Tuna and Billfish Fishery Management Plan 2005 ETBF Bycatch Action Plan Threat Abatement Plan 1998

Code of practice Agreement between Japan and Australia under the bilateral agreement regarding the shark bycatch code of practice Agreement between Japan and Australia under the bilateral agreement regarding seabird mitigation measures

Harvest strategies Limited entry with vessel restrictions in some areas Revised management arrangements

Spatial management Zones for longline and minor line sectors

Assessment

Stock assessment EIS No

Risk assessment Ecological Risk Assessment for the Effects of Fishing Eastern Tuna amp Billfish Fishery Longline Sub-fishery Report for the Australian Fisheries Management Authority (2006)

Economic components No Social components No

Governance No

Monitoring and performance Monitoring Monitoring logbooks TAP SPC coastal

states VMS effort monitoring Performance indicators and trigger points Performance criteria based on ETBF

management plan 2005 objectives only provisional reference points for primary and secondary species

Observer program AFMA observer program operating since July 2003

Reporting Fishers Daily fishing log on a shot by shot basis to

AFMA 14 days after end of each month verified by AFMA observers

AFMA Annual fisheries data summaries AFMA annual performance reports

Research

Research Eastern tuna and billfish fishery five year research plan 2003-2008

Consultation

Review of the assessment methods of ESD and EBFM in Australia 115

The Eastern Tuna and Billfish Fishery Management Advisory Committee (Eastern Tuna (MAC)

213 DEWHA Assessment of fisheries Under the EPBC Act the Australian Government has consolidated its major environmental controls and effective from January 2002 the wildlife trade provisions previously implemented through the Wildlife Protection (Regulation of Imports and Exports) Act 1982 The legislation provides a framework that will enable the Australian Government to ensure that any harvesting of marine species is managed for ecologically sustainability The primary roles of the Sustainable Fisheries Section include the evaluation of the environmental performance of fisheries for strategic assessment under Part 10 of the EPBC Act assessments relating to impacts on protected marine species (Part 13) and those required for approval of export of fisheries product (Part 13A)

The EPBC Act requires all Commonwealth managed fisheries to undergo strategic environmental impact assessments before new management arrangements are bought into effect and that all fisheries (Commonwealth and State and Territory) with an export component undergo assessment to determine the extent to which management arrangements will ensure that the fishery is managed in an ecologically sustainable way

The assessments are conducted by the Department of the Environment and Heritagersquos (DEWHA) Sustainable Fisheries Section (SFS) on behalf of the Australian Government Submissions are prepared by the fishery management agency against the Guidelines for the Ecologically Sustainable Management of Fisheries (available from the SFS or at 2httpwwwdewhagovaucoastsfisheriesassessmentguidelineshtml) The guidelines outline principles and objectives designed to ensure a strategic and transparent way of evaluating ecological sustainability See Appendix A for full details

Environmental assessment under the Environment Protection and Biodiversity Conservation Act 1999 may include the following documents

bull 2Department of the Environment and Heritage Assessment Report bull 2Accreditation of a plan of management for the purposes of part 13 and 33 bull 2Declaration of an approved Wildlife Trade Operation bull 2Variation to declaration of an approved Wildlife Trade Operation bull DEWHA Ministerial Schedule that revokes existing conditions or includes new

conditions bull 2Amendment to the List of Exempt Native Specimens (LENS) bull 2Ministerial decision recommendations and conditions bull 2Agency submission on ecological sustainability and bull Invitation to comment A period for public comment allows anyone interested in

the fishery to provide DEWHA and fisheries managers with comments on the management agency submission

22Accreditation of a plan of management

The Minister will determine either

bull Accreditation actions taken in accordance with the Management Plan for the fishery are unlikely to have an unacceptable or unsustainable impact on the

116

environment The Management Plan is accredited and further assessment of the impacts of the fishery under the EPBC Act is not required or

bull No accreditation the Management Plan does not address key environmental issues and the planrsquos ability to control unacceptable impacts of the fishery on the environment is uncertain For fisheries operating in Commonwealth waters the Minister will also determine either Part 13 accreditation ndash The fishery management regime requires fishers to take all reasonable steps to avoid killing or injuring protected species and the regime does not or is not likely to adversely affect the survival or recovery in nature of a protected species The Management Plan is accredited and operators are exempt from requiring permits under Part 13 for interactions with protected species or

bull No Part 13 accreditation ndash The Management Plan does not take all reasonable steps to minimise impacts on protected species and the planrsquos ability to control unacceptable impacts on protected species is uncertain The Australian Government Minister for the Environment and Heritage may accredit an environmental assessment process for fisheries by State or Territory authorities if satisfied that the assessment process meets the Accreditation Benchmarks for the Environmental Assessment of Fisheries (available from the SFS)

2Declaration of an approved Wildlife Trade Operation

The Minister may make one of three decisions relating to the export of products from a fishery

bull Exempt the fishery is being managed in an ecologically sustainable way in accordance with the Guidelines Products or species sourced from the fishery are added to the list of exempt native specimens for up to 5 years and recommendations for action over that time may be made or

bull Wildlife Trade Operations (WTO) the fishery is consistent with the objectives in the EPBC Act and is not likely to have an unacceptable impact in the short term However there are uncertainties and further action required This fishery is declared an approved Wildlife Trade Operation (WTO) and export can occur while conditions are being met or

bull Prohibition the fishery has significant environmental impacts that cannot be mitigated through conditions Export is not permitted This is an undesirable situation and in every case DEWHA will strive to find mutual ground and a positive way forward in order to achieve either exemption or a WTO

2Ministerial decision ndash recommendations and conditions

At the completion of the assessment process the Minister for the Environment and Heritage will make a number of decisions based on advice from DEWHA and may include certain recommendations and conditions which are outlined in the ministerial decision document Commonwealth fisheries managed by AFMA are required to produce and present annual reports to DEWHA to allow assessment on progress on implementation of recommendations and conditions

Review of the assessment methods of ESD and EBFM in Australia 117

22 Review and report on the major issues raised from the EPBC strategic assessment process for ESD and EBFM

The review will be presented under the following headings

bull Background bull Review of the first round of EBPC assessment process bull Marine and Coastal Community Network (MCCN) Survey bull AFMADEWHA review lessons learnt and possible future directions bull Reassessment AFMFDEWHA Working Group and bull AFMF national research priorities 2006 to 2008

221 Background The assessment process started in 2000 and 125 fisheries were originally identified The process took longer than was planned (1 December 2003) and the assessment deadline was extended twice to accommodate late submissions The first round of assessments was concluded on 1 December 2005 when 109 assessments had been completed with short term decisions for an additional seven due 2006

The main reason for the need to extend the assessment completion deadline was due to delays in the first step of developing a final draft assessment report for public comment Completing assessments was costly in time and resources It highlighted the differences between fisheries information resources and the need for this information to be readily available and in a form to enable a more easy and timely completion of an assessment

222 Review of the first round of EPBC assessment process The MCCN undertook a survey as an appraisal of the EPBC Act Fisheries Strategic Assessment Australian Fisheries Management Forum (AFMF) and DEWHA prepared papers setting out the lessons learnt from the first round of assessments and recommendations for reassessments which for some fisheries are due to start in 20062007 A summary of these reviews is provided below

MCCN Survey

Background to the survey and questions that the survey was to address

The Marine and Coastal Community Network (MCCN) undertook a short survey of a cross-section of fisheries stakeholders including the Australian Government and all the State agencies The purpose of the survey was to appraise the first round of the EPBC Act Fisheries Strategic Assessments The results were published in WAVES vol 12 (1) Spring 2006 pages 7-10

The stakeholders that responded to the survey included the following Australian Fisheries Management Authority (AFMA) Department of Primary Industries (DPI) NSW

118

Fisheries Victoria (FV) Department of Primary Industries and Fisheries(DPIampF) QLD Department of Fisheries Western Australia (DoFWA) Commercial Fishers Association (CFA) Australian Marine Conservation Society (AMCS)

The other relevant stakeholders that were invited to participate included The fisheries agencies for the Northern Territory South Australia and Tasmania as well as the Australian Society for Fish Biology the Australian Marine Science Association and RecFish Australia but were unable to participate at this time

The MCCN Survey Questions

1 Has the assessment process been rigorous and robust across all types of export fisheries

2 Were the outcomes to a consistent standard 3 Were the conditions and recommendations applied to fisheries

a relevant b practicable c deliverable and d auditable

4 What were the costs and benefits of the EPBC Act Fisheries Strategic Assessments process

5 Do you think the objectives of fisheries ecosystem-based management can be met by fisheries management agencies alone Should they be

6 Was the investment in the process beneficial a for your sector b overall

7 How do you think compliance with the outcomes of the assessment can or will be monitored Do you have any other suggestions for monitoring the outcomes

8 How do you think the process could be improved for re-assessment 9 Should eco-labels (such as the MSC process or equivalent) be taken as

equivalent to the EPBC Act Fisheries Strategic Assessments 10 Any other comments

(Source WAVES vol 12 (1) Spring 2006)

Summary of the key findings

Questions Overall response Q 1 Has the assessment process been rigorous and robust across all types of export fisheries

Yes States were not using a consistent set of assessment approaches The assessments process highlighted the differences between fisheries re data sets monitoring management protocols and compliance Improvements are required for future assessments

Q 2 Were the Reasonable level of consistency

Review of the assessment methods of ESD and EBFM in Australia 119

Questions Overall response outcomes to a consistent standard

Acknowledgement that maintaining consistency across range jurisdictions and fishery types and over an extended period of time therefore achieving consistency was difficult Questions re consistency between large and small fisheries

Q 3 Were the conditions and recommendations applied to fisheries a) relevant b) practicable c) deliverable and d) auditable

In general yes Often required negotiation between DEWHA and states re conditions and recommendations for individual fisheries Issues re cost of and timelines for implementation of conditions and recommendations

Q 4 What were the costs and benefits of the EPBC Act Fisheries Strategic Assessments process

$ costs high and resource intensive but many benefits export approval for fisheries increased stakeholder confidence as fisheries independently assessed documented summary information re fisheries for management purposes acceptance of proposed management measures consistent with DEWHA recommendations improved fisheries management towards ecologically sustainable and economically viable fisheries encouraged more research and frameworks for measuring effectiveness of management arrangements encouraged management plans to include more ecologically based objectives development risk based approaches more rigorous fishery monitoring and regular stock assessments regular state of fisheries reporting to parliament and the public more centralised and standardised fishing information and identification of data gaps burden proof shifted to managers and industry to demonstrate sustainability Full benefits will not be realised for some time Lack of resources for the conservation sector to engage fully in the process given the large volume of assessments Industry concerns re that assessment process more stringent for domestic fisheries than those applying to imported seafood Standards should be consistent for all fish products

Q 5 Do you think the objectives of fisheries ecosystem-based management can be met by fisheries management agencies alone Should they be

No EBM requires extensive cooperationcollaboration between all management agencies with responsibility for fisheries and coastaloceanland use management and includes all stakeholders Interdisciplinary approach needed strong policy and resource commitment by governments Industry consider role of managers to mange fisheries on a sustainable basis and maximise economic return to the community

Q 6 Was the investment in the process beneficial

Similar response to Q4 above high costs $ time and resources but many benefits Assessments reinforced trend towards EBDM better

120

Questions Overall response a) for your sector and b) overall

identification problems and long term solutions vs ad hoc approach more accountability improved community perception and confidence fisheries managed on a sustainable basis

Q 7 How do you think compliance with the outcomes of the assessment can or will be monitored Do you have any other suggestions for monitoring the outcomes

Via annualbiennial or progress reports Further monitoring could be provided through management plans DEWHA experienced difficulties monitoring large number of fisheries within the timeframes Any monitoringcompliance system adopted should effectively integrate with existing regimes Best way to achieve this through incentive based approach and regulatory used for significant breaches

Q 8 How do you think the process could be improved for re-assessment

AFMF and DEWHA working on re-assessment approach Reassessment should be tick-cross of the conditions and recommendations set in the first round Future assessments compare fisheries against a set of best practice fishery characteristics Reassessment documentation minimised while still addressing the guidelines Degree of assessment required and conditions should be commensurate with the level of risk posed by the fishery

Q 9 Should eco-labels (such as the MSC process or equivalent) be taken as equivalent to the EPBC Act Fisheries Strategic Assessments

Mixed response some yes others no MSC considered a higher standardbenchmark which covers entire supply chain Approaches viewed as complementary and potential for developing a joint approach If fishery approved under EBPC should then be possible to meet MSC requirements Conversely if fishery already certified under MSC should automatically be approved under the EPBC

Q 10 Any other comments

Assessments process significantly helps enhance the environmental performance of Australiarsquos commercial fisheries A streamlined approach adopted for assessments that is integrated into other reporting requirements Requires appropriate labelling at point of sale so customers can distinguish between products harvested on sustainable basis The EPBC assessment process is not linked through legislation to the development or review of management plans for State managed fisheries There is the potential for the assessments to perform a vital function in the sustainable management of commercial fisheries production and in reassuring the community that Australiarsquos marine resources are being competently and responsibly managed However as things stand they are widely regarded as yet another burden achieving a relatively narrow set of conservation orientated objectives Instead they should be a part of the broader spectrum of management arrangements that are designed to deliver the two key tenets of fisheries management biological sustainability

Review of the assessment methods of ESD and EBFM in Australia 121

Questions Overall response and economic viability Duplication of processes state and Commonwealth collected in survey

With QLD having to deal with GBRMPA as well there is a duplication of the ecological sustainability accreditation process by two Commonwealth agencies EPBC Act accreditation should be sufficient to meet any requirements of the GBRMPA (AFMF agenda paper)

(WAVES vol 12 (1) Spring 2006)

As outlined by Caitlin Barry (2006) (DEWHA Sustainable fisheries Section) the assessment process has provided an improved understanding of the status of 130 individual fisheries It highlighted the diversity of fishery types and the different management regimes they operate under As well as the differences between fisheries in terms of the different stages of development towards implementation of sustainability and an ecosystem based management regime

A major issue that was identified is the lack of knowledge and information of the biology and status of target byproduct and by catch species Therefore a recommendation is to address the data collection needs for management decision making purposes This includes for example bycatch monitoring programs reporting mechanisms for protected species interactions and more appropriate spatial and temporal scales of fishery data recording (WAVES vol 12 (1) Spring 2006)

223 AFMFDEWHA review lessons learnt and possible future directions The AFMF workshop in May 2006 provided a forum to discuss the issues raised the lessons learned by fishery agencies and DEWHA and future processes The AFMF and DEWHA comments are categorised under the following headings fishery agency submission to DEWHA the DEWHA assessment process the assessments the Ministerrsquos decisions and recommendations issues and future assessments and recommendations

Fishery agency submissions to DEWHA

bull The EPBC guidelines provide a basic framework to address when submitting applications (although this initially produced a level of repetition that has subsequently been addressed by combining some criteria)

bull Preparation of fishery assessment reports to DEWHA requires significant time and budget resources

bull Significant resources are required to demonstrate the ecological sustainability of a given fishery to the satisfaction of DEWHA Invariably scant time and budget resources are taken away from other projects and research in meeting the requirements of the assessment process No additional funding is provided to assist in implementing the process

bull The initial time frame set by Commonwealth Government for assessment of all Australian fisheries (Dec 2002) was unrealistic and placed high resourcing demands on fishery agencies and detracted from other management planning efforts and

122

bull Different approaches were used by jurisdictions in addressing the EPBC guidelines

DEWHA assessment process

bull There is limited direction in the guidelines in relation to the level of detail required in submissions which led to differences in approach by various DEWHA assessment officers and over time since the process commenced in 2000

bull There are no specific criteria in place to provide consistency in determining what characterises a fishery as Export Exempt or Wildlife Trade Operations certified This creates difficulties with the acceptance of outcomes by stakeholders This lack of standard criteria has also led to a large amount of inconsistency in the levels of assessment achieved between fisheries and between similar fisheries in different jurisdictions Outcomes of assessments did not always appear consistent with the quality of the submission (sometimes providing less information was seen to produce a more favourable outcome)

bull ESD includes environmental economic and social whereas the assessments under EPBC only assess the environmental aspects and

bull The process has not adequately addressed multi jurisdictional fisheries or cumulative impacts

Ministerrsquos decisions and recommendations

bull Outcomes from the Ministers decision regarding the final conditions and recommendations in granting a WTO as might be expected resulted in variation across fishery types

bull For many fisheries it also required negotiation on a per fishery basis between fishery agencies and DEWHA in reaching agreement on the set of conditions and achievable timelines

bull The status of compliance with conditions and recommendations is that the majority are still ongoing with only a small percentage completed

bull Recommendations should be outcome based rather than prescriptive bull The 2Ministerial decision states the recommendations and conditions relating to

the fishery Further information relating to the recommendations and conditions are outlined in the DEWHA assessment Commonwealth fisheries managed by AFMA are required to produce and present annual reports to DEWHA to allow assessment on progress on implementation of recommendations and conditions

bull On a per fishery basis it is difficult to assess status and progress It would be useful to have a plan for implementation and report annually for those completed progress to date why planned activities not met and new timelines any related changes that might impact recommendations and conditions Upon completion of recommendations and conditions it would be useful to have an evaluation of how relevant and effective they were in relation to the issues

bull Across similar fishery types an analysis of recommendations and conditions to see if fisheries facing similar requirements helpful in understanding what is needed for implementation of EBFM and research needs and

bull Cross fishery basis an analysis of recommendations and conditions to see all fisheries facing similar requirements

Review of the assessment methods of ESD and EBFM in Australia 123

Issues

Information

bull Data and information resources vary across fisheries (data richpoor highlow value fisheries) Another issue was the differences in assessments submitted Fishery agency submissions varied greatly were often very long yet did not adequately identify key deficiencies in the management arrangements and failed to provide sufficient detail to assess management against the assessment guidelines

bull There is a general lack of consideration of ldquowhatrsquos practicalrdquo in terms of the level of fishery independent information actually required by many fisheries It needs to be recognised that the market for obtaining the limited available external funding to develop and implement fishery independent programs is thin and extremely competitive and

bull There is an unrealistic expectation that fisheries agencies can fund resource rich research projects for low value fisheries If individual management agencies are to meet the research challenges that are being set then significant additional funding will need to be made available

Other

bull Clarity is needed on what is meantrequired regarding continuous improvement bull Clarity is needed on how to demonstrate application of precautionary principle bull No consideration is given by DEWHA to the social and economic consequences

of assessment decisions and the impact of subsequent recommendations and or licence conditions on fishers and the communities that they live in

bull If recommendations from assessments are not developed in the context of the socio-economic factors in the fishery implementation will be unachievable This issues are often not able to be adequately addressed in the assessment process and

bull Difficulty in explaining to fisheries stakeholders that the EPBC process is only about ldquoecological sustainabilityrdquo when ESD and their concerns are also about social economic sustainability ESD is what governments signed up to

Future assessments and recommendations

bull The initial round of assessments was thorough meaning that the extensive reiteration of material taken from submissions that occurred in each DEWHA report is probably not required again in the second round This means that more time can now be spent in further developing and refining management responses in line with previous DEWHA recommendations

bull For most fisheries the next round of assessments could be confined to - reports on condition adherence - exception reports - update reports

bull DEWHA should continue with its collaborative approach with fisheries management agencies as this will expedite the process

bull For the next round of assessments it may be useful to distinguish between those management arrangements that are identified in statutory documents with a

124

legislative head of power from those that are captured in other ways The latter include internal policy documents strategies or statements of management arrangements The former need only to be checked off against a number of minimum requirements while the latter will require a more detailed examination

bull The risk assessment approach to assessing Ecological Sustainability in Fisheries as developed through the Fisheries Research Development Corporation ESD Sub-Program has now been adopted by the NRM Ministerial Council It meets the Australian and New Zealand standard as a risk assessment methodology However the results have not always been adopted by DEWHA in a consistent manner The full adoption of such methods is however going to be vital if the ongoing monitoring of all the fisheries is to be accomplished in an efficient and effective as well as in a consistent manner at the national level In addition the basis for undertaking such assessments need to be clarified ndash will they be based on ecological criteria or incorporate societal elements and if so to what level

bull Clarity is needed on risk assessment approach for assessments and meeting ESD requirements

bull In practice a form of risk assessment is conducted across all fisheries during their assessment - DEWHA receptive to developing agreed risk assessment standards as a pre-

requisite to their incorporation in future re-assessment processes bull Given that DEWHA now has a ldquodatabaserdquo of over 100 fisheries there is

considerable opportunity to refine the national risk assessment approach and generate a summary of what is considered acceptable performance across most categories of fisheries ndash that is looking at national issues and concentrating on them This should take into account - level and scale of Impact on the stock on the environment and on protected

species - whether third party audits are in place (MSC NSW process) etc

bull DEWHA should take more of a true ldquoauditorrsquos approachrdquo to its assessments not a surrogate managerrsquos approach This would involve DEWHA concentrating more of its efforts on fisheries at high risk for habitat impact real stock sustainability and significant protected species interactions A random selection of the other issues and fisheries could then be investigated in depth This will allow a focus of effort on key issues in key fisheries ndash ie taking a true risk based ESD approach

bull In achieving an auditorrsquos role DEWHA could review the database of fisheries and identify within each State andor Territory which fisheries are likely to need improvement ie high risk fisheries which will need to be assessed again due to either their type of operation or stock assessments etc While DEWHA could identify national groupings of high risk and low risk fisheries the particular regional situations need to be accounted for and thus benchmarks in each category may need to be region specific This will ensure that key resources are placed on those fisheries and will enable agencies to devote their resources to improving those fisheries

bull There remains the fundamental question of what is ldquocontinuous improvementrdquo and whether this will impose unreasonable demands on the fishing industry If a fishery has been determined to be sustainable already and gained exempt status then logically if the management settings remain the same and are adhered to

Review of the assessment methods of ESD and EBFM in Australia 125

the existing conditions met and there has been no change in the background environment or our understanding of the issues then the conditions imposed should not be fundamentally changed ie no significant additional requirements should be necessary

bull If the increasing knowledge of the biology of a fish species or stock assessment points to the need for a review then this should be done However much of this has already been anticipated in the performance indicators and reporting procedures and

bull For clarity the new process should be the subject of a set of clear guidelines as to procedure and content There may be merit in an expert review prior to their adoption There are numerous examples in other sectors that undertake such auditing functions perhaps this can be explored so that there is no need to lsquore-inventrsquo any wheels

224 Reassessments AFMFDEWHA working group The DEWHA working group has AFMF nominated representation The group was formed to assist DEWHA in the development of a reassessment process for the second round and beyond of fishery assessments under the EPBC Act The DEWHA working group has been responsible for responding to some of the issues for example providing more detailed guidance for the Guidelines A revised re-assessment approach was prepared for consideration by the Minister The amendments to the EPBC Act were passed by the Parliament on December 2006 The overarching objective of the proposed amendments is to maintain the Australian Governmentrsquos ability to protect the environment and in response to the issues raised above

bull Provide a more effective efficient and strategic regulatory process for stakeholders

bull Reduce duplication in regulatory processes bull Increase the flexibility within Act processes bull Reduce administrative and compliance costs and bull Increase the effectiveness of the compliance regime

23 AFMF national research priorities for 2006-08

231 Background The Australian Fisheries Management Forum (AFMF) has recognised the need to provide direction to both research investors and providers in regard to the highest research and science priorities for fisheries and aquaculture management These priorities should be reviewed and updated bi-annually in order to assist the various research commissioning processes in particular that of the Fisheries Research and Development Corporation (FRDC)

To assist in the development of these priorities the AFMF has considered the draft National Strategic Plan for Australian Fisheries and Aquaculture This plan is a revision and updating of the first National Research Strategic Plan (1996) incorporating recent research and development outcomes and incorporating an increasing emphasis on

126

aspects of Ecologically Sustainable Development (ESD) and an ecosystem approach to fisheries management

The Strategic Plan provides for all aspects of fisheries and aquaculture research and development over a five to ten year horizon It identifies seven programs twenty-three subprograms and describes associated research focus areas As well as this broad encompassing strategy AFMF believes it is also necessary to provide an indication of the highest level national research and development priorities The priorities set out in this document are based on a risk management framework and aim to support other evidence-based decision making and policy development guidelines and to be consistent with the principles of ESD and the need for an ecosystem-based approach to fisheries management

The priorities are designed to provide information that will assist in the development of fisheries management policies on issues common to fisheries management across jurisdictions in a corporative coordinated and cost effective manner The priorities will help to maximise the outcomes from fisheries research and investment for the benefit of Australiarsquos fisheries resources the environment and the community The role of the AFMF in research is to assist in the coordination of research activities addressing national issues and facilitating cooperation between jurisdictions in implementing research outcomes in managing fisheries resources The development of National Research Priorities is a critical component of this role

232 National fisheries management research priorities 2006 to 2008 The ten priority fishery management issues were identified by the AFMF through consensus following consideration of the draft Strategic Plan and the research requirements resulting from assessments of fisheries under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) The priorities are listed below Each priority is further elaborated in the following section

Project proponents wishing to use these priorities as a guide in drafting research funding applications should be able to clearly indicate the link between the resources required to undertake their proposed research actions and how they will deliver on the fisheries outputs and the high level outcomes indicated in this paper

1 Develop a national framework for fishery performance indicators particularly using non-traditional broader ecosystem-based indicators

2 Develop a rating of risk within rapid stock assessment methodologies for data-poor species that is consistent with the more formal assessments done for target species

3 Improve the cost efficiency of fisheries compliance strategies and operations including techniques to measure and manage illegal fishing

4 Develop a standardised process for determining appropriate methods for the collection reporting and auditing of fishery dependent and independent data including comparative assessment of areas open and closed to fishing

5 Improve assessment of non-commercial fishing impacts 6 Evaluate alternative harvest strategies

Review of the assessment methods of ESD and EBFM in Australia 127

7 Develop methodologies for regional cultural and socio-economic impact assessment of fisheries and aquaculture management interventions Analyse economic performance of user groups to inform the resource allocation process

8 Develop a framework for fisheries management planning that allows for non-regulatory components including co-management options

9 Improve the control of pest organisms that impact on fisheries and aquaculture 10 Develop technologies products and processes to assist Industry to reduce costs

and increase returns for Australian seafood

128

3 REVIEW OF THE MANAGEMENT RESPONSES TO ESD AND EBFM IN AUSTRALIA

The summary survey analysis and results will be presented under the following headings

bull The ESDEBFM survey (31) - background - technical - limitations on interpreting results - overview of summary results and

bull Summary of survey results (32) - Section 2 results - Section 3 results - Section 4 results - Section 5 results

Full details of survey results are provided in Appendix B

31 The ESDEBFM Survey

311 Background A survey was sent to each jurisdiction to a nominated representative for management research and industry The purpose of the survey was to collect the relevant information to review the current experience and management responses for Fisheries ESD and EBFM in Australia for each jurisdiction This has been endorsed by AFMF and FRDC and will be used to inform future investment in development of tools to support ESDEBFM

This survey provided an opportunity for a national snapshot of assessment methods and management responses for Fisheries ESD and EBFM in Australia This is a follow up to the national lsquosnapshotrsquo of experience and approaches regarding ESD (FRDC Project 98168) in 1998

The survey was in five sections as below Section 1 provides a background Sections 2 to 4 ask questions regarding experience and management responses for Fisheries ESD and EBFM in Australia for each jurisdiction Section 5 relates to ESDEBFM implementation generally

Section 1 Background jurisdiction and role in organisation Section 2 How fisheries management has changed with regard to ESDEBFM from 1998 to 2006 Section 3 Where we are now 2006 Section 4 What needs further development over the next 6 years from 2006 to 2012 Section 5 ESDEBFM provides an opportunity for further comments regarding ESDEBFM implementation across all jurisdictions

Survey analysis and results 129

312 Technical The survey was conducted via a web based online format The online software used was SurveyMonkeycom which provided results that can then be downloaded into excel software for analysis

313 Limitations on interpreting results There are a number of limitations on the analysis of the survey which need to be considered when interpreting the results A survey was sent to eight jurisdictions (NSW NT QLD SA TAS VIC WA and Commonwealth) to a nominated representative for management research and industry A full response by all nominated participants would represent 24 possible responses However not all nominated jurisdiction representatives for management research and industry were able to respond to the survey and for those that did respond not all questions were answered

There may also be an issue of different interpretations of questions by respondents One respondent suggested an onsite workshop would most probably produce a superior result and response This option was originally planned but was amended at the ESD Working Group meeting in October 2006

The analysis and full details of the survey results are provided in Appendix C

32 Summary of survey results ndash Section 2 The purpose of Section 2 was to establish how fisheries management responses have changed with regard to ESDEBFM within jurisdictions from 1998 to 2006 The particular areas of interest are

1 Progress towards incorporating ESDEBFM operational measures into policy planning legislation and management arrangements for environmental economic social and governance components

2 Indications of where performance indicators and benchmarks wereare being used for environmental economic social and governance components

3 What wasis the level of confidence in managing the environmental economic social and governance components under ESDEBFM principles

It should be noted that for this section questions were multiple choice options The response for Commonwealth management (AFMA) included further detailed text information (see Appendix B under heading Commonwealth management further information under each questions)

321 Progress towards incorporating ESDEBFM operational measures into policy planning legislation and management arrangements for environmental economic social and governance components Further progress has been made in incorporating ESDEBFM operational measures into policy planning legislation and management arrangements for environmental economic social and governance components for the period 1998 to 2006 as highlighted by the figures below In 1998 all components were considered as having

130

partly implemented operational measures even though levels of progress varied All components had some aspects that were considered at the planned or no progress stage Only the economic component was considered as making some progress towards being fully implemented By 2006 all components (except for the social) showed a shift towards being fully implemented with the target species component showing the most progress For components where incorporation of operational measures are considered partly implemented these show an increase and similar progress There has been a significant shift for components that consider progress as only planned or where no progress has been made with only some aspects of the habitat communityecosystems economic and social components being considered to be in these categories

1998 progress incorporating ESDEBFM operational measures

02468

10121416

Taget s

p

Byprod

cut s

p

Bycatc

h sp

TEPs

Habitat

Commecos

ystem

s

Econom

ic

Socia l

Govern

ance

Components

Prog

ress

No progress Planned Partly implemented Fully implemented

2006 Progress incorporating ESDEBFM operational measures

02468

10121416

Taget s

p

Byprodc

ut sp

Bycatch

sp

TEPs

Habitat

Commecosy

stems

Economic

Social

Governance

Components

Prog

ress

No progress Planned Partly implemented Fully implemented

The figure below provides a comparison of progress in incorporating ESDEBFM operational measures for components from 1998 to 2006 This information was derived

Survey analysis and results 131

by a weighted sum of those components considered fully implemented partly implemented planned or no progress for each year (a relative weighting of levels) This demonstrates the overall progress made from 1998 to 2006 By 2006 progress for the byproduct bycatch TEPs species and governance components were similar and closer to the level of progress made for the target species component The next level of progress was for habitat communityecosystems economic and social components which as a group were at similar levels

Incorporation of ESDEBFM operational measures progress from 1998 to 2006

05

1015202530354045

Taget s

p

Byprod

cut s

p

Bycatc

h sp

TEPs

Habitat

Commecos

ystem

s

Econom

ic

Socia l

Govern

ance

19982006

Comments on variations

By role of respondent A variation within and across all jurisdictions for both years was between research and management views on levels of implementation For example research responses viewed implementation as planned and management as partly implemented or research responses viewed implementation as partly implemented and management as fully implemented

322 Indications of where performance indicators and benchmarks wereare being used for environmental economic social and governance components An increasing number of performance indicators and benchmarks are being used for the environmental economic social and governance components for the period from 1998 to 2006 as outlined by the figures below Generally in 1998 use of performance indicators and benchmarks was reported at none or only some for components By 2006 indicators and benchmarks were reported at all for components although at low levels with majority still reporting at some

132

1998 use of performance indicators and benchmarks

02468

10121416

Taget s

p

Byprod

cut s

p

Bycatc

h sp

TEPs

Habitat

Commecos

ystem

s

Econom

ic

Social

Govern

ance

Components

Used

None Some All

2006 use of performance indicators and benchmarks

02468

10121416

Taget s

p

Byprod

cut s

p

Bycatc

h sp

TEPs

Habitat

Commecos

ystem

s

Econom

ic

Social

Govern

ance

Components

Use

d

None Some All

The figure below provides a comparison of use of performance indicators and benchmarks for components from 1998 to 2006 This information was derived by a weighted sum of those components considered using none some or all for each year (a relative weighting of levels) This demonstrates an overall increase in use from 1998 to 2006 By 2006 use of performance indicators and benchmarks had increased for all components although there were variations between components With highest use for target and byproduct species components followed by bycatch TEPs and governance

Survey analysis and results 133

as a group then habitat and communityecosystems and then economic and social components

Use of performance indicators and benchmarks from 1998 to 2006

05

1015202530354045

Taget s

p

Byprod

cut s

p

Bycatc

h sp

TEPs

Habitat

Commecos

ystem

s

Econom

ic

Socia l

Govern

ance

19982006

Comments on variations

By respondent A variation within and across all jurisdictions for both years was between research and management views on levels of use of performance indicators and benchmarks For example research considered none used and management considered some used or research considered some used and management considered all used

323 Levels of confidence in managing the environmental economic social and governance components under ESDEBFM principles An increasing level of confidence in managing the environmental economic social and governance components under ESDEBFM principles was reported from 1998 to 2006 as outlined in the figures below Overall in 1998 low to medium confidence predominated but by 2006 this had shifted to medium to high confidence However there was only medium confidence for the communityecosystems and social components For those components that reported high confidence the target species component as might be expected had the greatest level of confidence followed by byproduct species governance habitat bycatch and TEPs species and economic components

134

1998 levels of confidence in managing the components under ESDEBFM principles

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p

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Habitat

Commecos

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Govern

ance

Components

Conf

iden

ce

Low Medium High

2006 levels of confidence in managing the components under ESDEBFM principles

02468

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Habitat

Commecos

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ance

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Conf

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Low Medium High

The figure below provides a comparison of levels of confidence in managing the components under ESDEBFM principles from 1998 to 2006 This information was derived by a weighted sum of those components considered low medium or high confidence for each year (a relative weighting of levels) This demonstrates the overall increase in levels of confidence from 1998 to 2006 By 2006 levels of confidence had increased for all components although there were variation in levels between components with least confidence for the communityecosystems and the social components

Survey analysis and results 135

Levels of confidence in managing the components under ESDEBFM principles from 1998 to 2006

05

1015202530354045

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Habitat

Commecos

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s

Econom

ic

Socia l

Govern

ance

19982006

Comments on variations

By respondent A variation within and across all jurisdictions for both 1998 and 2006 was between research and management views on levels of confidence in managing the components under ESDEBFM principles For example research low confidence and management medium confidence and research medium confidence and management high confidence

Other comments

Overall confidence in managing environmental economic social and governance components has increased since 1998 However there are differences in levels of confidence between these components Generally by 2006 there was greater confidence in managing target species components followed by byproduct species governance bycatch species and TEPs habitat economics communitiesecosystems and social components

The habitat and communityecosystem components are taken into account in decision making but are more likely to be based on qualitative information Economic information is collected but approach and analysis in management decisions varies Much less information is collected and used for managing the social component There is confidence in the governance component but the development of performance indicators is considered difficult In general these differences related to the level of research and information available which tends to be associated with higher value fisheries which have the capacity ($) to collect such information

Other differences reported included perceived benchmark differences between trawl fisheries and other types of fisheries and that recreational fisheries are not managed or assessed on a regular basis

136

Commonwealth management considered there were no differences in the level of confidence they have in managing the various components under ESDEBFM principles which are generally consistent across major fisheries However there are differences in terms of the supporting data and amount of management focus that is applied across the minor fisheries

33 Section 3 Survey results The purpose of Section 3 was to establish status of fisheries management responses with regard to ESDEBFM within jurisdictions in 2006 The particular areas of interest are

1 Use of assessment and management tools 2 Usefulness of current ESDEBFM reporting frameworks 3 Issues of fitoverlapduplication between fishery policy initiatives bioregional

plans Commonwealth and State processes

331 Use of assessment and management tools Overall for all jurisdictions in 2006 the use of assessment and management tools is ranked in the table below (from most to least used)

Other management tools listed as under development or in use included the following

bull Development of codes of practice and conduct bull Development of co-management processes bull Fishery management plans and bull Formal sharing arrangements between commercial and recreational fisheries

Overall for all jurisdictions in 2006 the figure below outlines the use of assessment and management tools in managing components Highest use of assessment and management tools is for the target species component This is followed by the byproduct bycatch and TEPs species components where use is lower but at a similar level and next are the habitat communityecosystems and economic components as a group with least use of assessment and management tools for the social and governance components

Risk assessment

Qualitative assessment

ESD reporting framework

Quantitative assessment

Indicators

Benchmarks

EMS

Decision rules

Harvest strategies

9 9 8 7 7 5 5 4 2

Survey analysis and results 137

2006 assessment and managment tools used by component

0

2

4

6

8

10

12

14

16

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TEPs

Habitat

Commecos

ystem

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Econom

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Social

Govern

ance

Commonwealth management further information

Ecological Risk Assessment (ERA) and Ecological Risk Management (ERM) together with Harvest Strategies are the main assessment and management tools that are being used to support our EBFM approach Other relevant tools include Bycatch Action Plans (BAPS) and stock assessments conducted for individual fish species AFMA seeks to involve key fishery stakeholders (including industry researchers NGOs etc) in a partnership approach to all aspects of assessment and management consistent with the principles of inclusiveness and transparency under ESD In addition to the direct assessment and management work undertaken by AFMA the BRS and ABARE undertake annual independent assessments of the status of Commonwealth fisheries stocks and economic performance (respectively) Independent strategic assessments of all Commonwealth managed fisheries (regardless of whether they have an export component or not) are also undertaken by the Department of Environment and Heritage (DEWHA) under the EPBC Act 1999 (Commonwealth)

332 Usefulness of current ESDEBFM reporting frameworks In 2006 the overall response from jurisdictions suggests that management and research consider their current ESDEBFM reporting framework to be very useful for fisheries management EPBC requirements but less so for regional marine planning (State) and not for regional marine planning (Commonwealth) In contrast the industry response considered current ESDEBFM reporting framework for fisheries management EPBC requirements regional marine planning (State) as only somewhat useful and regional marine planning (Commonwealth) not very useful

138

Component Fisheries management

EPBC requirements

Regional marine planning State

Regional marine planning Commonwealth

All jurisdictions

Very useful Very useful Somewhat Not very

Management Very useful Very useful Somewhat useful

Not very useful

Research Very useful Very useful Somewhat useful

Somewhat useful

Industry Somewhat useful

Somewhat useful

Somewhat useful

Not very useful

Recommendations

The recommendations for improving approaches to reporting frameworks for fisheries management EPBC requirements regional marine planning (State and Federal) can be categorised under reporting frameworks other reporting management tools the DEWHA process under EPBC Act and other shared stocks (collated from the survey)

Reporting frameworks bull A coordinated integrated and consistent approach that meets fisheries

management EPBC regional marine planning (State) and regional marine planning (Commonwealth) needs

bull Ensuring there is consistency in the reporting frameworks across jurisdictions will also become paramount as we move into a broader regional cross jurisdiction management focus These reporting frameworks do not need to be the same but need to be consistent so that they can inform each other to improve overall ecosystem management

bull Further efforts by DEWHA and AFMF in 2006 to align the requirements of Strategic Assessments with standard ESD reporting mechanisms are also very useful and should continue to be actively supported by all parties and

bull The ESD reporting framework developed and promoted under the FRDC ESD subprogram along with other initiatives in pursuit of EBFM have played a role in providing a common understanding across jurisdictions which has allowed some flexibility for jurisdictions to pursue different risk assessment methodologies etc (Commonwealth management)

Reporting

bull Better integration (indicators being reported on timing of reports) with State of Environment (SoE) reporting at various levels (national State and Regional Local Authority)

bull Better reporting of research outcomes in support of EPBC reporting process and bull Improved TEPs reporting

Survey analysis and results 139

Tools

bull Improved risk assessment for each fishery as part of EPBC reporting and marine planning process

DEWHA process under EPBC Act

bull Coordination and complementary reporting to prevent duplication Risk-based approach to improve efficiency For example no change since previous assessment therefore low risk therefore only low level reporting for EPBC Act Simplify and provide better examples ndash particularly for social and economic analysis and

bull Establish regular recreational assessments Improved risk assessment for each fishery as part of EPBC reporting and marine planning process Better reporting of research outcomes in support of EPBC reporting process Improved TEPs reporting due early 2007

Other (shared stocks)

bull Reporting for shared stocks across jurisdictions and bull Coordination would be the most useful approach Currently states and the

Commonwealth report separately on shared stocks and many use different approaches Many species are fished in different jurisdictions and have different management regimes depending on whether they have crossed a boundary between State to State or State to Commonwealth waters Currently there is no incentive to get people together In the late 80s early 90s there were sub-committees of the southeast fisheries that facilitated sector (egg abalone lobster etc) meeting to discuss collaborative arrangements

333 Issues of fitoverlapduplication between fishery policy initiatives bioregional plans Commonwealth and State processes

Issues

There are issues of fitoverlapduplication between fishery policy initiatives bioregional plans Commonwealth and State processes These are listed below (collated from the survey)

Fit

bull Better interaction and synchronization between fisheries management planning and review timetables and marine parks planning and zoning review including Commonwealth regional marine planning (QLD management)

bull Better integration of aquatic protected species management arrangements between jurisdictions (QLD management)

bull To date there is little evidence of any integration of fisheries and regional state marine planning and park processes (SA industry)

bull Poor integration of fisheries ESD research and management with regional marine planningMPAs (SA research) and

bull Ability to fit State processes with EPBC requirements (TAS management)

140

The fit of processes between states and Commonwealth fisheries EBFM initiatives and reporting frameworks has generally been streamlined effectively under the ESD framework Given the different management legislation policies and focus between the Commonwealth and states there is in many parts a variation in the emphasis placed on aspects of ESD (for example more direct emphasis by the states on social aspects compared to the Commonwealth) The variation in reporting frameworks for ESDEBFM results in a different lsquofitrsquo across the ecosystem Across all jurisdictions the reporting systems appear to vary in terms of the components it covers and where they apply to the same component the level of detail or rigor in the assessment and reporting While this variation arises due to the varying requirements of individual jurisdictions it only becomes an issue when attempting to compare reporting or when fisheries arrangements are being implemented in one jurisdiction but not in neighbouring jurisdictions Although we have some experience from the South East Marine Region it is yet to be seen how the different processes adopted by the various jurisdictions will fit together during the next stage of Bioregional Marine Planning which has commenced in all remaining Commonwealth waters around Australia (Commonwealth management)

Overlap

bull Within the NT there are overlaps between processes such as environmental approvals between EPA and ESD framework for aquaculture ventures This results in duplicate reporting requirements Both Commonwealth and State marine bioregional plans are being undertaken at the same time both will require industry involvement and duplication is expected to occur (NT industry)

bull Overlaps between State and Commonwealth planning processes (WA research) and

bull Overlap between marine planning and fisheries management processes (WA research)

Duplication

bull A fishery that is assessed as ecologically sustainable under the EPBC Act could have onerous restrictions placed on it when formulating bioregional plans ie closed areas to protect biodiversity This situation essentially means that the fishery undergoes a double assessment process Perhaps the real problem is not lsquoduplication of processes but rather a lack of acknowledgement of the DEWHA assessment in the planning process (NT management)

Other

bull Inadequate communication between the jurisdictions If there was more communication it would be easier to identify and discuss the issues (QLD research)

bull The reporting against Management Plan Performance Indicators covers much of the territory under EPBC Consistency of thought and objectives would be beneficial particularly when linking to MPA processes (SA management) and

bull MSC approval should lead to automatic EPBC Act approval for export accreditation Need to align ESD reporting (biological component) with EPBC

Survey analysis and results 141

Act approval Need to provide a solution in order to reduce the cost burden to stakeholders (VIC management)

Recommendations

Recommendations for streamlining processes and reducing duplication can be categorised under legislation planning reporting DEWHA process under the EPBC Act and other

Legislation

bull Consistency between Fisheries legislation and Commonwealth legislation along with clearly defined ESD processes A single document such as an EMS should be able to be used for all processes and adequately cover all relevant issues (NT industry) and

bull Better linkagesintegration of legislation administration and research (SA research)

Planning

bull Regional planning should be consistent with endorsement of management arrangements under the EPBC Act as well as being consistent with localstate sustainable management practices (NT management)

Reporting

bull Annual fishery status reporting to meet requirements for SoE reporting as well as DEWHA EPBC assessment requirements and closer alignment of fisheries performance indicators with revised SoE indicators (QLD management)

DEWHA process under the EPBC Act

bull Fisheries management processes must be opened up to include State or Commonwealth environment agencies so they better understand fisheries control and the benefits of current management arrangements These processes are exclusive of each other at present and a truly integrated process must occur to minimise fishery impacts and costs There needs to be improved information to the EPBC so it understands the ecosystem interactions where they exist (SA industry)

bull EPBC legislation shouldnt be used to manage fisheries Second assessments should be a refinement of the first round not a reinvention of them (SA management) and

bull Further efforts by DEWHA and AFMF in 2006 to align the requirements of Strategic Assessments with standard ESD reporting mechanisms are very useful and should continue to be actively supported by all parties (Commonwealth management)

Other

bull A National forum for ESDEBFM would bring together the people working in this discipline streamlining communication identify gaps and overlap (QLD research)

142

bull Invest in regional sub-committees that cover the entire ecosystem or species range (TAS research) and

bull Set outcome based objectives first complete risk analysis against those objectives then develop strategies to meet objectives against risk ie do not start with a strategy (MPAs) and then look to find the objective (WA research)

34 Section 4 survey results The purpose of Section 4 was to identify what needs further development over the next six years from 2006 to 2012 in order to better implement ESDEBFM The focus was on

bull The key issueschallenges for implementation of ESDEBFM (environmental economic social governance)

bull What management and assessment tools will need to be available and in routine use by 2012 (environmental economic social governance)

bull Possible bottlenecks for successful implementation of ESDEBFM bull Cost implications of implementing ESDEBFM for fisheries (both time and $)

and bull The data analysis research and decision support needs to properly implement

ESDEBFM

341 The key issueschallenges for implementation of ESDEBFM (environmental economic social governance) The key issueschallenges for implementation of ESDEBFM for the environmental economic social and governance components and other important points (collated from the survey) are outlined below

bull Environmental data and information needs regarding target byproduct bycatch and TEP species habitat and community components and further research for understanding the interactions between them

bull Economic identify economic issuesimpacts requiring management data collection and analysis for the development of useful management objectives performance indicators benchmarks and monitoring

bull Social identify social issuesimpacts that need to be considered data collection and analysis for development of meaningful management objectives indicators benchmarks and monitoring and

bull Governance resources for rationalisation and streamlining of governance arrangements and processes to support management and compliance and to also ensure that the environmental economic and social components can be managed effectively within Australia

Other important challenges and points

bull Recognitionof the differences between large high value fisheries and smaller lower value fisheries The identification of differing needs and relative levels of complexity risks and impacts different fisheries pose

bull Balance between the varied environmental economic social and governance objectives

Survey analysis and results 143

bull Regional assessments that integrate across all fishing activities and can link to the broader marine planning activities

bull How to accommodate different stakeholder perspectives and achieve equitable funding and resource allocation to meet the different needs

bull All fishery sectors to be considered and bull Improved understanding of the risks associated with issues external to the

standard biological approach for the target species (eg globalisation fuel climate change etc) is needed

342 What management and assessment tools will need to be available and in routine use by 2012 (environmental economic social governance) The management and assessment tools needed to be available and in routine use by 2012 for the environmental economic social governance components (collated from the survey) are as follows

Environmental

bull Cost effective environmental indicators bull Routine monitoring of target species and key habitats and ecosystem indicators bull A program for monitoring environmental changes and linking these with fishery

performance indicators bull Qualitative and quantitative models that capture some of the behaviour of the

system and use a range of data sources Also need long-term data sets from which to understand change and the processes that underpin observed patterns

bull Risk assessments quantitative studies identification of indicators performance measures and reference pointslimits (ie decision rules) and review of triggers

bull Effective methodology and supporting data to assess and manage the ecological risks associated with marine biological communities

bull Effective methodology and supporting data to take current risk assessments for species from relative risk to a better understanding of absolute (or actual) risk and

bull Effective and complementary cross jurisdictional risk assessment methodology and management for species found across fisheries (ie cumulative impact)

Economic

bull Economic data to reflect full picture (ie flow on costs employment in other sectors and final value of product at the restaurant)

bull A key suite of economic indicators and key aspects for the successful implementation of EBFM

bull Tools that allow economic assessment of complex fisheries ecosystems (recreational + commercial + indigenous + lsquoconservationrsquo)

bull Economic assessment techniques which are efficient and robust bull More effective economic assessment economic risk assessment and analysis

and economic management tools that can be applied consistently across all fisheries (and across different jurisdictions) and

bull Regular economic status reports showing the economic status of each of AFMArsquos fisheries

144

Social

bull Tools for comparing the value of fisheries resources across the commercial and recreational sectors to support objective policy decisions regarding resource allocation

bull Development of a uniform tool to measure social impacts during change bull National social impact assessment tools and bull Social risk assessment and evaluation

Governance

bull Adequate reporting bull Benchmarks for ESD bull Harvesting strategies implemented in the major fisheries bull Difficulties at present are related to habitat and community components and

social impacts Need useful tools in these areas that relate to fisheries management

bull EMS for all major fisheries and recognition of these tools by government as a key management tool

bull Frameworks for managing fisheries in the context of increasing allocation shifts (commercial recreational conservation and indigenous) and external impacts including climate change and IUU fishing scenarios and

bull Review of the OCS arrangements that can effectively deal with all key species and allow them to be managed on an EBFM basis

Other important points regarding management and assessment tools

bull A range of assessment tools are required for fisheries and consideration of the varied levels of available information and research undertaken for the different fisheries

bull Simplified management strategy evaluation tools for use by fishery managers bull Performance indicators for all objectives and mechanism for ensuring balance

between objectives bull Regular recreational surveys bull Improved decision making models to ensure an open and transparent decision

making process bull Tools to address the cumulative impacts for bioregional planning bull Cost effective assessments that can report on the status of ecosystems at a

regional level Management systems to more efficiently reallocate resource access

bull Qualitative models that can simply integrate across all elements of ESD to provide advice on marine resource management and allocation issues and

bull Risk assessments quantitative studies identification of indicators performance measures and reference pointslimits (ie decision rules) economic social and governance probably have similar requirements

Survey analysis and results 145

343 Possible bottlenecks for successful implementation of ESDEBFM A number of possible bottlenecks were identified which are likely to affect the successful implementation of ESDEBFM These are categorised under the following headings funding and associated costs resources and people governancemanagement systems and the EBFM framework and datainformationresearch needs These bottlenecks (collated from the survery) are outlined below

Funding and associated costs

bull Lack of government funding and expectation on industry to pay (with current industry members investing for effects which may not be seen for future users)

bull Increased costs capacity to pay and willingness of governments to recover costs from all industry sectors especially for low value commercial and recreational fisheries

bull Lack of government funding for the co-management processes bull Lack of government funding for regular recreational management monitoring

and compliance bull Lack of government funding for core research bull Cost of research given government mandated research provider bull Industry reluctancelack of support in the cost recovery climate and bull Funding and political support to generate the necessary data tools and

management processes to further develop EBFM

Resources and people

bull The lack of staff working in the field may inhibit implementationinnovation bull Insufficient capacity amongst fishery managers bull Time and energy to focus all the right people into implementing the systems

already developed (ie people are already busy and it is hard to get all the required people to focus long enough to get real progress) ndash gaining momentum and urgency to change

bull Change fatigue in fisheries ndash there has been a lot of management change in recent years in all jurisdictions and stakeholders may be resistant to further change or lack the motivation to make EBFM a continuing priority or be unable to fund the necessary changes given the economic state of many fisheries and

bull High expectations placed on industry by stakeholders in regard to various impacts

Governancemanagement systems and the EBFM framework

bull Poor legislation and policy bull Lack clear allocation and shares between fisheries sectors bull Mismatch in the spatial and temporal scales at which environmental economic

social and governance systems operate and are measured bull Challenges of interjurisdictional (including international) collaborative fisheries

ecosystem-based management and assessment of shared stocks bull Separation of marine planning and fisheriesaquaculture ESD administration and

research

146

bull Recognition of the EBFM process as the framework for fishery management planning

bull Lack of understanding of the key frameworks by fisheries management staff local interpretations affect the consistency of processes

bull Documentation of policy development and performance measures for all areas of EBFM Realistic indicators for ecosystem performance

bull The major bottleneck is the lack of vision by most managers whose backgrounds are primarily biological rather than multi-disciplinary

bull The governance structures both within and across departments agencies and jurisdictions clarity on the scope and objectivesoutcomes to be achieved ndash particularly at whole of government level and

bull Jurisdictional differences in implementing EBFM particularly when implementing different levels of action on the samesimilar species habitats or communities

Datainformationresearch needs

bull Developing acceptable reference points for interactions with TEP species and gaining public confidence in data collected from the fishery

bull Lack of information and need for quantitative studies to fill gaps in information feeding into risk assessments Quantitative studies to determine indicators and performance measures

bull The need for clarity of terminology as the terms ESD and EBFM are now often being used interchangeably This may lead to some confusion particularly with fisheries stakeholders and it would be useful to get an agreed understanding of this terminology across jurisdictions

bull An understanding of the importance of a multi-disciplinary approach that includes economic and social research in addition to environmental In the environmental area there is a need for a greater understanding of physical as well as biological processes and

bull Good social and economic data

344 Cost implications of implementing ESDEBFM for fisheries (both time and money)

A range of time and cost ($) implications were identified regarding implementing ESDEBFM for fisheries which affect research management and industry (collated from the survey)

Research

bull Researchers have insufficient resources to achieve their current workload let alone take on additional tasks of ESDEBFM researchanalysis and reporting The demand for traditional single species assessment advice remains We either need more staff less tasks simplified processes and innovation to better involve researchers in other disciplines

bull To develop appropriate multi-disciplinary teams in many of the agencies and institutes there needs to be an injection of capital for employment or a re-direction if resources are to be moved away from biological towards social and

Survey analysis and results 147

economic components It is unlikely that this can be achieved within the various state agencies and universities due to their small size Amalgamation of groups needs to be achieved with certain groups focused on the different aspects of ESDEBFM across all jurisdictions That is each stateuniversity is unlikely to have its own fisheries economist oceanographer sociologist etc There needs to be incentives for bringing different disciplines together even within the environmental arena such as physical (oceanography and habitat) as well as biological

bull Research costs associated with improving knowledge of ecosystem function to allow comprehensive quantitative risk assessment in complex multispecies fisheries

bull Suggest EBFM costs two to three times the cost of a basic single species stock assessment and

bull It has to be done without raising the overall level of resources required beyond about 10-15 Again getting over the initial hurdle of initiating these systems the start up costs are always more than the ongoing costs

Management

bull Example full time equivalent fisheries manager ndash $85 000 per annum 15 x full time equivalent research scientist ndash $135 000 per annum 15 x full time equivalent research technician ndash $90 000 per annum 10 x full time equivalent returns officer ndash $50 000 per annum approximately $150 000 ndash $200 000 per annum in operational costs to facilitate additional monitoring and generation of information

bull Increased management and monitoring costs Capacity to recover increased management and assessment costs from recreational fishers and non-extractive users of the resources Higher costs associated with undertaking more lsquoquantitativersquo risk assessments techniques

bull Full cost recovery basis from industry so require the most efficient process which implies that the Commonwealth and State processes should link and integrate

bull First round of EPBC assessments were very costly bull We have a set amount of money with which we must do the job This process

takes a lot of time to develop consult and implement thus takes time and money We are struggling to get precise assessments for key target species never mind all those other areas (bycatch TEP habitat ecosystem social economic governance) and

bull AFMA has invested over $15m (in direct attributable costs) in establishing the Ecological Risk Assement project since the year 2000 In addition to these direct costs there are substantial additional costs in terms of AFMA staff researchers industry MACs and Research Assessment Groups (RAGs) and other stakeholders for their time and energy

Industry

bull The move to EBFM comes at significant cost to government and industry and requires ongoing commitment to continual improvement However any discussion of the costs of taking an EBFM approach should be compared to the

148

costs to the marine environment and to our fisheries in not taking an EBFM approach Part of the problem is that the costs are incurred now (ie immediately) but the benefits will not be immediately recognisable (ie there is a time lag between investment and seeing the benefits)

bull Government has not put in the required resources Much responsibility and costs are placed on the industry of today when the benefits may not be seen for years to come

bull Failure to implement is driven by lack of government investment in all key areas of the framework Commercial industry is the only sector that contributes to management research and compliance on a cost recovery basis and

bull Significant costs and considered unaffordable by some industry members in the current climate of cost recovery

345 The data analysis research and decision support needs to properly implement ESDEBFM To properly implement ESDEBFM the following data analysis research and decision support requirements were identified (collated from the survey)

Data

bull Increased spatial detail and the greater detail required in terms of byproduct and bycatch corresponding to an increase in the amount of data to be collected and collated

bull Ecosystem models linkages between ecosystem components requiresdata inputs bull Improved knowledge of basic biology to support quantitative ecological

assessment tools bull Improved social and economic data for extractive and non-extractive users of

the resource bull Standardising and ensuring base level data collection among jurisdictions to

allow comprehensive assessments of ecosystems associated with shared stocks bull Integrated spatial databases ndash all ecological data including fisheries dedicated

research programs to address information needs data-based risk assessment and decision rules

bull Data across a broad range of disciplines as well as longer-term data series bull Develop databases that can handle the different data types (social economic

qualitative visual (video) as well as larger data sets bull There will be an increased need for higher resolution spatial and temporal data

All this will require improved data management and data sharing bull Need data on all components of the marine environment economics and social

aspects This needs to be both fishery related information and ideally fishery independent environmental data to allow for accurate determination of the level of impact

bull Habitat and ecological community data collection and mapping bull Consistency in the collection of data across purposes and jurisdictions is

required to allow information to be brought together when required to get a better regional perspective particularly in relation to assessing cross jurisdictional cumulative impacts and for marine bioregional planning

bull Need quantitative information to underpin the determination of indicators limit and reference points

Survey analysis and results 149

bull Effective methodology and supporting data to assess and manage the ecological risks associated with marine biological communities and

bull Focus on innovative ways of incorporating data across disciplines Research will also need to provide monitoring technology at an affordable price This may require increased collaborations with Industry There will be increasing pressure placed on marine resources if the projected demands for fish increase Marginally harvested species will become economical and previously uneconomical species may also become economical Ecosystems that have adjusted to target species removal will now be faced with removals of species that have not been targeted previously As a small producer of seafood (kgarea of coastline or continental shelf) and the remote location Australia will be faced with increasing costs if the energy crisis eventuates High priced niche products will be important and complying with accreditation schemes The latter will be reliant on demonstrating ecosystem sustainability To do so there will need to be greater effort directed towards more vulnerable species While many of these are bycatch with minimal to no biological knowledge there will need to be improved ways of gathering data on such species

Analysis

bull Requirement for increased spatial detail corresponding to an increase in the complexity of the spatial analysis and the number of species considered

bull Regular ecological social and economic risk assessments using existing tools and refining tools where appropriate

bull Analysis of recreational participation and catch on a regular basis bull Assessment of size of populations of all TEPs bull New and novel approaches to data analysis will be required to develop decision

support mechanisms that in turn support ESD requirements bull Analysis of quantitative data for risk assessment and bull Further develop the ERA methodology to assess absolute (actual) risks from

fishing rather than relative risks cumulative impacts and ecological communities

Research

bull Research and monitoring to be conducted in a more spatially complex environment and a greater emphasis on the finer detail of the behaviour of the fishers and the impacts on additional elements of the ecosystem in addition to that of the target species

bull Spatial and temporal understanding of some key species that are now not taken over abroad area by commercial fishers due to closures and management changes

bull Filling information gaps needed for risk assessment and determination of indicators

bull Improved TEPs monitoring regime bull Better developed performance indicators that are able to take account of

variability of populations beyond fishing impacts bull More validation of the linkages between ecosystem components

150

bull Further development and acceptance by other quantitative scientists of the outcomes of ecosystem modelling techniques (including predictive tools)

bull Research and development of low cost rapid assessment tools for resource assessments in low value data poor fisheries

bull Understanding recreational patterns and behaviour re bycatch and catch and release impacts

bull Co investment by State Government in key environmental and ecosystem research as part of FRDC process

bull Basic research on understanding ecological relationships between target species and associated speciesenvironment Process studies on trophic and energynutrient linkages in the ecosystem Studies to provide information for ecosystem modelling together with the further development and refinement of ecosystem models

bull The development of frameworks and policy in line with strategic directions and supported by research and

bull Further understanding of marine ecosystems and linkages between the various components

Decision support

bull Revised fishery models that better reflect fishery status bull Management strategy evaluation tools framed in the context of ESDEBFM

They need to weight the achievement of particular objectives against the relative importance of each objective and the quality of the information against which the objective is measured

bull Better risk based systems for management decision making specific commercial and recreational allocations with appropriate monitoring a commitment to use the triple bottom line approach to decision making commitment by governments not to interfere in the management process and skew resource shares better understanding and use of performance indicators and better decision making models and

bull Specific decision support needs will be identified through the process of establishing better data to support EBFM

Other important points

bull One size does not fit all as this is dependent on each fishery There is varying levels of risk and certainty A range of tools are required

bull A practical conceptual framework for regional level ESD ndash EBFM development of cost effective bioregional level assessments of the status of community structure Cost effective ongoing general biodiversity and habitat monitoring program Establishment of indicator sites for monitoring climate shifts Ecosystem modelling of specific high risk or priority regions Develop costs effective methods for monitoring the catch of the non commercial sector Assessment of the socio economic outcomes of current and proposed resource allocation decisions and

bull There are increasing demands and pressures on the available resources for fisheries management while the needs of the environment and government demands are continuing to escalate A clear focus on efficiency and cost

Survey analysis and results 151

effectiveness will be key drivers in prioritising what will be possible to pursue in ESDEBFM with limited future funding for data analysis and research

35 Section 5 Survey results The purpose of Section 5 was to provide an opportunity for recommendations and any other comments regarding ESDEBFM across all jurisdictions

351 Recommendations to better achieve ESDEBFM for fisheries in Australia

Recommendations can be categorised by those issues dealt with under other questions in previous Sections 2 3 and 4 and those considered as new issues (collated from the survey)

Those issues dealt with under other questions

bull Benchmarks must be established bull Greater budget and resources bull Simplify the reporting processes bull Better recognition of and an agreed framework for use by all jurisdictions and

agencies (fisheries and environment) Local variations that do not address all of the framework or vary the model leave industry susceptible to other interventions from other jurisdictions or agencies

bull Linked objectives between the environment and fisheries portfolios so we can shoot for the same thing This implies a more rational (and realistic) approach to marine environmental objectives

bull ESDEBFM requires a greater commitment to the collection of quantitative ecosystem data Governments need to be prepared to increase levels of funding for research and development for ESDEBFM to be adequately implemented and

bull OCS reform to better integrate management of fisheries eg Bass Strait scallop fisheries

New issues

bull Continue national forums to facilitate discussion of jurisdictional approaches to implementing EBFM Greater engagement of industry leaders stakeholder representatives in these meetings

bull Full implementation of existing legislation Require all fisheries to comply with legislation Dont issue permitsexemptions to clearly non-compliant fisheries Apply same standards to domestic and export fisheries Community component of FRDC funding should be directed more explicitly to addressing ESD issues Industry component (1+1) only for industry priorities

bull Despite having considerable expertise located around Australia there is still a very fragmented poorly collaborating body For research the environment is still one of competition rather than collaboration Despite attempts (eg FRDC subprograms) there are few examples where the social economic and

152

environmental disciplines are coming together to focus on fisheries issues There are also few examples where the physical and biological disciplines within the environmental area get together The authorrsquos recommendation would be for broader committees tasked with implementing ESD to be established across a range of sectors (eg all trawl fisheries all lobster fisheries all abalone fisheries)

bull This must be seen as the way management is done ndash not as additional processes It must be recognised that ESD and EAFM are specific versions of risk based management processes While the basic EAFM approach is the same for all fisheries the precise methods used for undertaking each of these steps needs to vary according to the situation that is being addressed This includes recognising the level of sophistication in management arrangements and processes that are available the complexity of the problems that are being addressed the level of information available and the level of formal education of those involved What can be appropriate in the assessment of a highly industrial fishery will almost certainly be inappropriate when trying to assess a small fishery in a remote community There is therefore a need for a suite of tools that can be applied in the appropriate situation and

bull To better implement EBFM across Australian Fisheries there needs to be clarity about what EBFM is and how it is to be applied effectively across all jurisdictions Without this there will be varying implementation of EBFM which will create tension between the sectors and may result in the efforts undertaken in one jurisdiction being ineffective due to the under-implementation in another jurisdiction Having consistency in approaches will also assist Australia in reporting efforts internationally where all efforts can be aggregated

352 Other comments concerns issues or suggestions concerning the implementation of ESDEBFM

Responses can be categorised by those issues dealt with under other questions in previous Sections 2 3 and 4 and those considered as new issues (collated from the survey)

Those issues dealt with under other questions

bull There is sometimes a conflict of interest and abuse of the process to drive certain stakeholders agenda The Commonwealth process is currently driving fisheries management Management should be driven from a State Government level

bull Community component of FRDC funding should be directed more explicitly to addressing ESD issues

bull The framework is still not used as the agreed template for all agencies and jurisdictions State and Commonwealth management plans must be developed to match expectations form EPDC and the EBFM framework should be the standard

bull It needs to be realistic ndash so many processes are underway that impose requirements on managing authorities they may just get left behind with no capacity to go forward

Survey analysis and results 153

bull At present there is a high reliance on risk assessments but these are often based on poor data and knowledge gaps leading to largely subjective assessments The outcomes of these assessments are therefore unreliable An increased commitment needs to be made to providing the ecosystem data necessary for informed assessments to be undertaken and

bull The implementation of ESDEBFM is a worthwhile and necessary direction to take within fisheries management However implementation comes at considerable expense and requires a large amount of resources in order to be implemented in a timely and effective manner There is also the additional problem of ensuring compliance of a fishery with the principles of ESDEBFM Furthermore many small scale or low impact fisheries can often be faced with onerous requirements placed on the fishery Invariably these small scale fisheries are lowly resourced and it is difficult to justify the cost of these restrictions when the net benefits to the fishery are analysed Essentially this situation is not cost effective for small scale fisheries particularly when these small fisheries are low impacting (as is the general case in the NT)

New issues

bull This survey needs to be combined with the DPI management response Given the potential length of the survey 12 questions requiring up to 5000 characters or 24 A4pages of text in addition to the multiple choice and the need to collect this information from four to six different groups across the organisation An onsite half day workshop would most probably produce a superior result and response given the face to face interaction with the project interviewer

bull Ecosystems do not follow jurisdictional boundaries A recurrent National forum to resolve ESDEBFM across multiple jurisdictions would be useful

bull Challenge of integration incorporation at various levels of EBFM as it develops and is implemented by fisheries agencies into developing national resource management and coastal zone management frameworks

bull More effort into training re EBFM and ESD assessment techniques both at tertiary level and for current fisheries managerspeak bodiesadvisory bodies

bull Many of the difficulties experienced with implementing EAFM appear to result from a mixture of myth fear and unrealistic expectations about what is needed for this process This produces a situation where it can seem much too difficult to begin These concepts are not just an excuse for undertaking more detailed research They can be started with whatever level of information is available with any additional work being determined by what is really needed rather than simply what is possible The lack of good governance arrangements not the lack of ecological data has been the most commonly identified high risk issue and

bull Australia is currently well placed internationally to not only be talking about EBFM but also to demonstrate that Australia is developing the necessary tools and actively implementing measures to support EBFM in practice

154

REFERENCES

Allison GW Lubchenco J and Carr MH (1998) Marine Reserves are Necessary but not Sufficient for Marine Conservation Ecological Applications 8 (1) Supplement s79-s92

Arce R and Gullon N (2000) The application of Strategic Environmental Assessment to sustainability assessment of infrastructure development Environmental Impact Assessment Review 20 (2000) 393-402

Baker M Bett B Billett D and Rogers (2001) A ldquoThe status of natural resources on the high seasrdquo in The status of natural resources on the high-seas WWFIUCN Gland Switzerland

Bergman M (2005) Risks and decisions for conservation and environmental management Cambridge University Press Cambridge UK

Butterworth DS and Punt AE (1999) Experiences in the evaluation and implementation of management procedures ICES Journal of Marine Science 56 985ndash998

Charles A (2001) Sustainable Fishery Systems Blackwell Science Oxford

Christensen V and Walters C (2004) Ecopath with Ecosim methods capabilities and limitations Ecological Modelling 172 109-139

Christennsen N Bartuska A Brown J Carpenter S DrsquoAntonio C Francis R Franklin J MacMahon J Noss R Parsons D Peterson C Turner M and Woodmansee R (1996) The Report of the Ecological society of America Committee on the Scientific Basis for Ecosystem Management Ecological Indicators 63665-691

Cochrane L (2002) Fisheries management in A fishery managerrsquos guidebook management measures and their application Edited Cochrane K Fisheries Technical Paper No 424 FAO Rome

Cochrane KL Butterworth DS De Oliveria JAA and Roel BA (1998) Management procedures in a fishery based on highly variable stocks and with conflicting objectives experiences in the South African pelagic fishery Reviews in Fish Biology and Fisheries 8 177ndash214

Commonwealth of Australia (1992a) National Strategy for Ecologically Sustainable Development (NSESD) Prepared by the Ecologically Sustainable Development Steering Committee Endorsed by the Council of Australian Governments December 1992 Australian Govt Pub Service Canberra lthttpwwwenvironmentgovauesdnationalnsesdstrategyindexhtmlgt

Commonwealth of Australia (2006) EPBC Act policy statement 11significant Imapct Guidelines Commonwealth of Australia Canberra

Dahl A(2000)Using indicators to measure sustainability recent methodological and conceptual development Marine and Freshwater Resources 51427-433

References 155

De la Mare WK (1996) Some recent developments in the management of marine living resources In Floyd RB Shepherd AW and De Barro PJ (eds) Frontiers of Population Ecology CSIRO Publishing Melbourne Australia pp 599ndash616

Deere C (1999) Ecolabellin and Sustainable Fisheries IUCN Washington DC and FAO Rome

Dyoulgerov M(2000) Global legal instrument on the marine environemtn at the year 2000 In Seas at the Millennium an environmental evaluation Edited by C Sheppard Elsevier Science place

(EPAP) Ecosystem Principles Advisory Panel (1999) Ecosystem-based Fishery Management A report to Congress by the EPAP National Marine Fisheries Services Silver spring Maryland

Fletcher WJ (2006) Frameworks for managing marine resources using ecosystem approaches how do they fit together and can they be useful Bulletin of Marine Science

Food and Agriculture Organisation (FAO 1999) Indicators for sustainable development of marine capture fisheries FAO Technical Guidelines for Responsible Fisheries No 8 FAO Rome

Food and Agriculture Organisation (FAO 2003) Fisheries management the ecosystem approach to fisheries FAO Technical Guidelines for responsible fisheries No4 Supplement 2 FAO Rome

Fulton EA Fuller M Smith ADM and Punt AE (2004) Ecological Indicators of the Ecosystem Effects of Fishing Final Report Australian Fisheries Management Authority Report R991546

Fulton E A Smith A D M and Smith D C (2007) Alternative Management Strategies for Southeast Australian Commonwealth Fisheries Stage 2 Quantitative Management Strategy Evaluation Report to Australian Fisheries Management Authority Garcia S Zerbi A Aliamem C and Lasserre G (2003) The Ecosystem Approach to Fisheries issues terminology principles intuitional foundations implementation and outlook FAO Fisheries Technical Paper 443 FAO Rome

Gilpin A(1995) Environmental Impact Assessment cutting edge for the twenty-first Century Cambridge University Press Melbourne Gislason H Sinclair M Sainsbury K and OrsquoBoyle R (2000) Symposium overview incorporating ecosystem objectives within fisheries management ICES Journal of Marine Science 57468-475

156

Gooday P (2002) Fisheries Subsidies ABARE Report to the fisheries Resources Research fund Canberra

Gray J (1997) Marine biodiversity patterns threats and conservation needs GESAMP Reports and studies No 62 International Maritime organisation London

Gray R Fulton EA Little LR and Scott R (2006) Operating model specification within an agent based framework North West Shelf Joint Environmental Management Study Technical Report Vol 16 CSIRO

Griffis R and Kimball K (1996) Ecosystem Approaches to Coastal and Ocean Stewardship Ecological Applications 63708-711

Grumbine R E (March 1994) What is ecosystem management Conservation Biology Volume 8 No1 pgs 27-38

Harvey N (1998) Environmental Impact Assessment procedures practices and prospects Oxford University Press Melbourne Holmlund C and Hammer M (1999) Ecosystem services generated by fish populations Ecological Economics 29253-268

Hughes JMR and Goodall B (1992) Marine Pollution In Environmental Issues in the 1990s (AM Mannion and SR Bowlby eds) pp 97-114 John Wiley and Sons New York

Hundloe T (2002) Valuing fisheries an economic framework University of Queensland Press St Lucia Queensland Australia

International Institute for Sustainable Development (IISD) (1996) Global Green Standards ISO 14000 and sustainable development IISD Canada

Kimball LA (2001) Intergovernmental Ocean Governance using international law and organisations to manage marine resources sustainably IUCN SwitzerlandC6

Kirkwood and Agnew (2004) pg 9

Mace P (1996) Keynote presentation in Developing and Sustaining World Fisheries Resources the state of science and management Editors DA Hancock D C Smith A

Link JS (2005) Translating ecosystem indicators into decision criteria ICES Journal of Marine Science 62 569 ndash 576

McKay B Mulvaney K and Thorne-Miller B (August 1999) Danger at Sea our changing Ocean USA Seaweb httpseaweborgresourcesdanger

Mangel M Talbot L Meffe G Agardy T Alverson D Barlow J Botkin D Budowski G Clark T Cooke J Crozier R Dayton P Elder D Fowler C Funtowicz S Giske J Hofman R Holt S Kellert S Kimball L Ludgwig D Magnusson K Malayang B Mann C Norse E Northridge S Perrin W Perrings C Norse E Northridge S Perrin W Perrings C Peterman R Rabb G Regier H Reynolds J Sherman K Sissenwine M Smith T Starfield A Taylor R Tillman M Toft C Twiss J Wilen J and Young T (1996) Principles for the conservation of wild living resources Ecological Applications 6 (2)338-362

References 157

Marine and Coastal Community Network (MCCN) Survey on the EPBC Act Fisheries Strategic Assessments 2006 WAVES 121

Metzner and Rawlinson (1998) fisheries Structural adjustment towards a national framework Prepared for management committee standing committee for fisheries and aquaculture Australia Fisheries Victoria Department of Natural Resources and Environment Department of Primary Industries and Energy Canberra

Murawski S (2000) Definitions of overfishing from an ecosystem perspective ICES Journal of Science 57649-658

Noble Bram F (2000) Strengthening EAI through adaptive management a systems perspective Environmental Impact Assessment Review 20 (2000) 97-11

Pascoe S Kirkley J Greoval D and Morrison-Paul C (2004) Measuring and assessing capacity in fisheries issues and methods FAO fisheries Technical Paper No433

Pauly D Watson R and Christensen V (2003) Ecological geography as a framework for a transition towards responsible fishing in Responsible fisheries in the marine ecosystem eds Sinclair M and Valdimarsson FOA of the

Pikitch E Santora C BabcockE Bakun A Bonfil R Conover D Dayton P Doukakis P Fluharty D Heneman B Houde E Link J Livingston P Mangel M McAllister M Pope J and Sainsbury K (2004) Ecosystem-based fishery management Science 305 346-347

Reid D (1995) Sustainable Development an introductory guide Earthscan Publications London

Rothlisberg P and Okey T (eds) (2006) Variation in banana prawn catches at Weipa a comprehensive regional study Fisheries Develeopment Research Corporation final report 2004024 CSIRO Marine and Atmospheric Research Cleveland

Sainsbury K Haward M Kriwoken L Tsamenyi M and Ward T (1997) Multiple Use Management in the Australian Marine Environment Principles Definitions and Elements Issues Paper 1 A Report commissioned by Environment Australia June 1997 Department of the Environment Canberra Australia

Sainsbury KJ Punt AE and Smith ADM (2000) Design of operational management strategies for achieving fishery ecosystem objectives ICES Journal of Marine Science 57 731ndash741

Seafood Services Australia (2005) The seafood EMS chooser 2nd edition Seafood Services Australia Ltd QLD Australia Seijo J and Caddy J (2000) Uncertainty in bio-economic reference points and indicators of marine fisheries Marine Freshwater Research 51477-483

158

Sinclair M Arnason R Csirke J Karnicki Z Sigurjonsson J Skjoldal R and Valdimarsson G (2002) Responsible fisheries in marine ecosystems Fisheries Research 58255-265

Sissenwine M and Mace P (2001) Governance for Responsible Fisheries an ecosystem approach In Responsible Fisheries in the Marine Ecosystem (Eds Sinclair M and Valdimarsson G) FAO and CABI Publishing London

Stefansson G (2003) Multi-species and ecosystem models in a management context In Responsible Fishereris in the Marine Ecosystem (Eds Sinclair M and Valdimarsson G) FAO and CABI Publishing London

Suchanek TH (1993) Oil impacts on marine invertebrate populations and communities AmerZool 33510-523

Suchanek TH (1994) Temperate coastal marine communities Biodiversity and threats Amer Zool 34100-114

Sumaila R Guenette S Alder J and Chuenpagdee R (2000) Addressing ecosystem effects of fishing using marine protected areas ICES Journal of Marine Science 57752-760 Tsamenyi M and McIlgorm A (1999) International environmental Instruments their effect on the fishing industry (Second Edition) The report of the FRDC (Fisheries Research and Development Corporation ) project 97149 Dominion Consulting Pty Ltd NSW Australia (C6)

Walters C Christensen V and Pauly D (1997) Structuring dynamic models of exploited ecosystems from trophic mass-balance assessments Reviews in Fish Biology and Fisheries 7 139-172

World Commission on Environment and Development (WECD 1987) Our common future

WWF (June 2002) Policy Proposals and Operational Guidance for Ecosystem-Based Management of Marine Capture Fisheries Compiled by Trevor Ward University of Western Australia Perth Diane Tarte and Eddie Hegerl Marine Policy Advisors Brisbane and Katherine Short WWF Australia Sydney World Wide Fund for Nature Australia

Appendix A 159

APPENDIX A REVIEW OF THE STRATEGIC ASSESSMENT SUBMISSIONS AND MANAGEMENT APPROACHES BY

FISHERIES AGENCIES

EPBC The structure of the Act The Act provides that certain actions ndash in particular actions which are likely to have a significant impact on a matter of national environmental significance ndash are subject to a rigorous assessment and approval process The Commonwealth may through bilateral agreements delegate to the states the responsibility for conducting assessments and in limited circumstances the responsibility for deciding whether to grant approval

Biodiversity conservation The Act contains an extensive regime for the conservation of biodiversity including provisions dealing with

bull The identification and monitoring of biodiversity and the preparation of bioregional plans

bull The listing of nationally threatened species and ecological communities migratory species and marine species

bull The preparation of national recovery plans and wildlife conservation plans for listed species and additional protection for listed species in Commonwealth areas

bull The identification of key threatening processes and the preparation of threat abatement plans for such processes

bull The establishment of the Australian Whale Sanctuary in Australiarsquos exclusive economic zone

bull Access to biological resources on Commonwealth areas bull Invasive species bull Voluntary conservation agreements which may cover environmentally

significant private land including indigenous land and bull The protection and management of protected areas including Commonwealth

reserves (national parks) World Heritage properties Ramsar wetlands and Biosphere reserves

Enforcement and administration The enforcement and administration provisions cover

bull The establishment of Advisory Committees including the Biological Diversity Advisory Committee the Indigenous Advisory Committee and the Threatened Species Scientific Committee

bull A requirement for Commonwealth agencies to report annually on their implementation of ecologically sustainable development

bull The preparation of State of the Environment Reports bull Environment audits and conservation orders

160

bull The liability of corporate executive officers and bull Powers to remedy environmental damage caused by a contravention of the Act

Environmental assessment and approval A person must not take an action that has will have or is likely to have a significant impact on a matter of national environmental significance An action includes a project development undertaking or an activity or series of activities The matters of national environmental significance identified in the Act as triggers for the Commonwealth assessment and approval regime are

bull World Heritage properties bull Ramsar wetlands bull Nationally threatened species and ecological communities bull Migratory species bull Commonwealth marine areas and bull Nuclear actions (including uranium mining)

Assessment options for the Commonwealth Environment Minister are

bull Assessment on a preliminary documentation bull Public environment report (PER) bull Environmental impact statement (EIS) bull Public enquiry or bull And accredited process (on a project by project basis)

When deciding whether to approve the taking of an action and what conditions to impose the Commonwealth Environment Minister must consider social and economic matters and relevant environmental impacts The Minister must also take into account

bull The principles of ecologically sustainable development bull The assessment report on the impacts of the action bull Any other information about the impacts of the action and bull Relevant comments from other Ministers (such as information on social and

economic factors)

ESD Reporting and review All Commonwealth bodies must report annually on their implementation of ecologically sustainable development The Commonwealth must prepare a State of the Environment Report every five years The list of matters of national environmental significance must be reviewed every five years

Enforcement There is a range of enforcement mechanisms included in the Act For example

bull The Commonwealth Environment Minister may direct that an environmental audit be carried out if he or she has reasonable grounds to believe that a person

Appendix A 161

has contravened or is likely to contravene an environmental approval or permit issued under the Act

bull In certain circumstances civil or criminal penalties can apply to executive officers of a corporation that contravenes the requirements for environmental approvals under the Act including the provision of false or misleading information to obtain approval and

bull A person who contravenes the Act may be obliged to pay for the remediation of any resulting environmental damage

EPBC Principles and objectives

Principle 1 A fishery must be conducted in a manner that does not lead to over-fishing or for those stocks that are over-fished the fishery must be conducted such that there is a high degree of probability the stock(s) will recover

Objective 1

The fishery shall be conducted at catch levels that maintain ecologically viable stock levels at an agreed point or range with acceptable levels of probability

Information requirements

Guideline 111 There is a reliable information collection system in place appropriate to the scale of the fishery The level of data collection should be based upon an appropriate mix of fishery independent and dependent research and monitoring

Assessment

Guideline 112 There is a robust assessment of the dynamics and status of the speciesfishery and periodic review of the process and the data collected Assessment should include a process to identify any reduction in biological diversity and or reproductive capacity Review should take place at regular intervals but at least every three years Guideline 113 The distribution and spatial structure of the stock(s) has been established and factored into management responses Guideline 114 There are reliable estimates of all removals including commercial (landings and discards) recreational and indigenous from the fished stock These estimates have been factored into stock assessments and target species catch levels Guideline 115 There is a sound estimate of the potential productivity of the fished stocks and the proportion that could be harvested

Management response

Guideline 116 There are reference points (target andor limit) that trigger management actions including a biological bottom line andor a catch or effort upper limit beyond which the stock should not be taken Guideline 117 There are management strategies in place capable of controlling the

162

level of take Guideline 118 Fishing is conducted in a manner that does not threaten stocks of byproduct species (Guidelines 111 to 117 should be applied to byproduct species to an appropriate level) Guideline 119 The management response considering uncertainties in the assessment and precautionary management actions has a high chance of achieving the objective

Objective 2

Where the fished stock(s) are below a defined reference point the fishery will be managed to promote recovery to ecologically viable stock levels within nominated timeframes

Management response

Guideline 121 A precautionary recovery strategy is in place specifying management actions or staged management responses which are linked to reference points The recovery strategy should apply until the stock recovers and should aim for recovery within a specific time period appropriate to the biology of the stock

Guideline 122 If the stock is estimated as being at or below the biological and or effort bottom line management responses such as a zero targeted catch temporary fishery closure or a lsquowhole of fisheryrsquo effort or quota reduction are implemented

Principle 2 Fishing operations should be managed to minimise their impact on the structure productivity function and biological diversity of the ecosystem

Objective 1 The fishery is conducted in a manner that does not threaten bycatch species

Information requirements

Guidelines 211 Reliable information appropriate to the scale of the fishery is collected on the composition and abundance of bycatch

Assessment

Guidelines 212 There is a risk analysis of the bycatch with respect to its vulnerability to fishing

Management response

Guidelines 213 Measures are in place to avoid capture and mortality of bycatch species unless it is determined that the level of catch is sustainable (except in relation to endangered threatened or protected species) Steps must be taken to develop suitable technology if none is available Guidelines 214 An indicator group of bycatch species is monitored

Appendix A 163

Guidelines 215 There are decision rules that trigger additional management measures when there are significant perturbations in the indicator species numbers Guidelines 216 The management response considering uncertainties in the assessment and precautionary management actions has a high chance of achieving the objective

Objective 2

The fishery is conducted in a manner that avoids mortality of or injuries to endangered threatened or protected species and avoids or minimises impacts on threatened ecological communities

Information requirements

Guidelines 221 Reliable information is collected on the interaction with endangered threatened or protected species and threatened ecological communities

Assessment

Guidelines 222 There is an assessment of the impact of the fishery on endangered threatened or protected species Guidelines 223 There is an assessment of the impact of the fishery on threatened ecological communities

Management response

Guidelines 224 There are measures in place to avoid capture andor mortality of endangered threatened or protected species Guidelines 225 There are measures in place to avoid impact on threatened ecological communities Guidelines 226 The management response considering uncertainties in the assessment and precautionary management actions has a high chance of achieving the objective

Objective 3

The fishery is conducted in a manner that minimises the impact of fishing operations on the ecosystem generally

Information requirements

Guideline 231 Information appropriate for the analysis in 232 is collated andor collected covering the fisheries impact on the ecosystem and environment generally

Assessment

Guideline 232 Information is collected and a risk analysis appropriate to the scale of the fishery and its potential impacts is conducted into the susceptibility of each of the following ecosystem components to the fishery

164

1 Impacts on ecological communities

bull Benthic communities bull Ecologically related associated or dependent species and bull Water column communities

2 Impacts on food chains bull Structure and bull Productivityflows

3 Impacts on the physical environment bull Physical habitat bull Water quality

Management response

Guideline 233 Management actions are in place to ensure significant damage to ecosystems does not arise from the impacts described in 231 Guideline 234 There are decision rules that trigger further management responses when monitoring detects impacts on selected ecosystem indicators beyond a predetermined level or where action is indicated by application of the precautionary approach Guideline 235 The management response considering uncertainties in the assessment and precautionary management actions has a high chance of achieving the objective

Assessment of Fisheries A single assessment is done for each fishery resulting in one two or three independent decisions relating to Part 10 (accreditation for matters of NES) Part 13 (accreditation for protected species interactions) and Part 13A (export)

Commonwealth Fisheries ndash strategic assessment of Commonwealth fisheries involves consideration of the requirements of Part 10 of the EPBC Act to assess the impacts of actions taken under a fishery management regime on matters of national environmental significance (NES)

Fisheries operating in Commonwealth waters ndash the assessment also considers the impact of fishery operations on cetaceans and threatened species migratory species marine species and threatened ecological communities listed under Part 13 of the EPBC Act

Export fisheries ndash the assessment of fisheries with an export component involves consideration of the requirements of Part 13A of the EPBC Act and seeks to determine the extent to which the fishery is managed in an ecologically sustainable way

The aim is to strengthen and complement existing fisheries management responsibilities with a common and fundamental goal of best practice ecosystem-based fisheries management The processes are designed to incorporate a flow of communication between fisheries managers and the Sustainable Fisheries Section thus facilitating the best outcome for the fishery

A 28 day public comment period allows anyone interested in fisheries management to provide DEWHA and fisheries managers with comments on the management agency submission

Appendix A 165

Accreditation Benchmarks for the Environmental Assessment of Fisheries This includes the following key requirements

bull Environmental assessment must be conducted under State or Commonwealth legislation

bull Terms of reference (see summary below) for the assessment must require the preparation of an assessment report that - assesses all impacts of the fishery on the environment providing enough

information to allow the Commonwealth Minister for the Environment and Heritage to make an informed decision on whether the fishery is ecologically sustainable

- the terms of reference must be prepared in consultation with Environment Australia

- the terms of reference must ensure the assessment report addresses at least the requirements relating to matters if national environmental significance (Section 31)

- a draft assessment report must be prepared in accordance with the terms of reference for the assessment and

bull The draft report must be released for public comment for a period of at least 28 days (after Environment Australia has confirmed that the draft report adequately addresses the terms of reference) The final assessment report must clearly address any comments received from the public and from Environment Australia during the public comment period

Terms of Reference for Environmental Assessment of Fisheries

bull Description of the fishery bull A detailed description of the environment and significant environmental

characteristics likely to be affected by the fishery bull Proposed management arrangements that will be applied to the fishery

- a description of legislation and policies that are relevant to the management of the fishery and its environmental impacts

- the agencies that are responsible for administration of relevant legislation and the policies

- international agreements that affect the management of the fishery should also be identified

- the assessment must identify (amongst other things) any management plan for the fishery any bycatch action plan relevant regulations and any strategic research plan for the fishery

- identify elements of the management regime for the fishery that are intended to ensure that the fishery operates in an ecologically sustainable manner

bull Environmental Assessment of the fishery must include a comprehensive analysis of the potential impacts of the fishery on the environment The assessment must specifically address all aspects of the Guidelines for the

166

Ecologically Sustainable Management of Fisheries (as outlined above) and demonstrate that the fishery is ecologically sustainable in terms of its impact on

- target species - non-target species and bycatch - the eco-system generally including habitat

bull The assessment must include - a description of the potential impacts of the fishery on the environment

(including to the extent possible information on the degree of confidence with which the impacts can be predicted and quantified)

- an analysis of the nature and extent of the likely environmental impacts including whether the impacts will be short term or long term impacts

- an assessment of whether any environmental impacts are likely to be unknown unpredictable or irreversible

- an analysis of the significance of the potential impacts and - reference to the technical data and other information relied upon in

assessing the environmental impacts of the fishery bull The assessment shall include consideration of impacts associated with the

conduct of the fishery such as the discharge of waste and other pollution risks (including lost gear)

bull Management measures and safeguards to ensure ecological sustainability - the assessment must provide a detailed analysis of the specific elements of

the proposed management regime for the fishery that are designed to ensure the fishery is ecologically sustainable (must demonstrate that the management arrangements for the fishery are consistent with the requirements of the Guidelines

- the assessment must identify and describe the specific measures intended to prevent minimise or compensate for the potential environmental impacts of the fishery and any measures to rehabilitate damage to the environment

- the assessment should include an analysis of the expected or predicted effectiveness of these measures Distinguishing between those measures designed to protect target species and protect the ecosystem generally including non-target species and habitat

- the assessment should include a list of relevant measures Identify the basis (eg statutory or policy) for implementation of each measure and the agency or authority responsible for ensuring implementation The assessment must also identify how the relevant agency or authority will ensure compliance with these measures and what steps will be taken in the event of non-compliance

- the assessment should identify the mechanisms for reviewing the environmental impact of the fishery during the life of the proposed management arrangements and for adjusting the life of the proposed management arrangements and for adjusting elements of the management arrangements as necessary in response to the outcome of these reviews

- the assessment must also identify any program that is proposed to be put in place to monitor the impacts of the fishery on the environment in the short and long term

- any proposed independent environmental auditing mechanism should be identified

Appendix A 167

- the assessment should to the extent reasonably practicable describe any feasible alternatives to the proposed management arrangements (or elements of those arrangements) The alternatives should be discussed in sufficient detail to make clear the reasons for preferring certain options and rejecting others Discussion should cover matters such as alternative fishing methods and technologies increasing or reducing permitted levels of effort alternative mechanisms for controlling effort and other alternative measures for preventing or minimising environmental impact and

bull Information Sources for information in the assessment the assessment must state

- the source of the information - how recent the information is - how the reliability of the information was tested

what uncertainties (if any) are in the information

168

Fishery agency submissions and DEWHA assessments In this section for each jurisdiction (NSW NT QLD SA TAS VIC WA and the Commonwealth) the following format will be used

bull List of fisheries managed by that jurisdiction bull Outline the approach taken for the submission to DEWHA and bull Example fishery from each jurisdiction

Part 1 provides a summary and details of the agency submission on ecological sustainability to DEWHA and management approaches by fisheries agencies under the following headings

bull Legislation - list of legislation Acts and regulation

bull Management - plans and regulations - codes of practice - co-management arrangements - fishery management strategy - harvest strategy - spatial management

bull Assessment - stock assessments - EIS - Risk assessments

bull Monitoring and performance - monitoring - indicatorstriggers (examples where available) - observer programs

bull Reporting - fishers - fishery agencies

bull Research bull Consultation bull Supporting documents and reports bull References

The above information in general comes from the assessment report submitted to DEWHA and other information from the jurisdiction fishery web page Sources of information will be noted Part 2 provides summary information of DEWHA assessment of the fishery and the Ministerial decision conditions and recommendations The assessment (specific to each fishery) may include

bull 2Department of the Environment and Heritage Assessment Report

Appendix A 169

bull 2Accreditation of a plan of management for the purposes of part 13 and 33 bull 2Declaration of an approved Wildlife Trade Operation bull 2Variation to declaration of an approved Wildlife Trade Operation bull DEWHA Ministerial Schedule that revokes existing conditions or includes new

conditions bull 2Amendment to the List of Exempt Native Specimens (LENS) bull 2Ministerial decision recommendations and conditions bull 2Agency submission on ecological sustainability and bull Invitation to comment A period for public comment allows anyone interested in

the fishery to provide DEWHA and fisheries managers with comments on the management agency submission

DEWHA assessment report

bull Key information from overall assessment The Ministerrsquos decision

bull Decision subject to any conditions and recommendations It should be noted that the information provided below was current at the time of the submission but some aspects of the legislation management monitoring and performance arrangements may have changed since then

170

State Fisheries

New South Wales Fisheries bull 2Abalone Fishery (EIS and FMS) bull 2Estuary General Fishery (EIS

and FMS) bull 2Estuary Prawn Trawl (EIS and

FMS) bull 2Lobster Fishery (EIS and FMS)

bull 2Ocean Hauling Fishery (EIS and FMS)

bull 2Ocean Trap and Line Fishery (EIS and FMS)

bull 2Ocean Trawl Fishery (EIS and FMS)

NSW DPI submissions to DEWHA

The submissions to DEWHA under the EPBC Act are in the form of an Environmental Impact Statement (EIS) and Fishery Management Strategy (FMS) as outlined below Environmental Impact Statement (EIS) NSW DPI provide an Environmental Impact Statement for public consultation These are very detailed documents and address the following

bull The ecological (target byproduct bycatch TEP habitats and wider ecosystem) economic and social components

bull A draft fishery management strategy(goals objectives and management responses)

bull Performance monitoring and review (predetermined performance indicators and trigger points)

bull Proposed harvesting strategy and bull Impact on fish resources and biophysical environment (risk assessment)

Fishery Management Strategy (FMS) A fishery management strategy is a document outlining the management goals objectives strategies for achieving the objectives (including the fishing or activity controls) performance indicators and the monitoring programs that apply to a fishery

or activity Fishery management strategies are valuable because they

bull Provide a long term vision for management of a fishery or activity bull Clearly outline the strategies that are in place to achieve that vision bull Provide stakeholders with greater certainty by knowing the management

programs that apply in the fishery or activity provide useful background information and

bull The strategies will allow the community to scrutinise the management arrangements for each fishery or activity and seek to ensure that the management arrangements in place provide sustainable fisheries and activities into the future

Appendix A 171

The NSW 2Abalone Fishery an example Part 1 provides a summary and details of the NSW DPI agency submission on ecological sustainability to DEWHA (September 2005) Part 2 provides summary information of DEWHA assessment of the fishery and the Ministerial decision conditions and recommendations

Part 1 NSW DPI Submission to DEWHA (September 2005) Submission for the purposes of the protected species provisions of Part 13 and the wildlife trade provisions of Part 13 A of the EPBC Act The following information is from the Abalone Fishery Environmental Impact Statement Vol 1 2 and 3 (September 2005) prepared by The Ecology Lab Pty Ltd on behalf of NSW Department of Primary Industries and shareholders of the NSW Commercial Abalone Volume 1 Chapter B Review of the existing fishery and was current at time of the submission (September 2005) to DEWHA Other relevant information that is included is sourced from the NSW (DPI) fisheries web documents and in each case source references are provided

A summary of the NSW (DPI) submission to DEWHA is provided in the table below and then in more detail under the same headings This is followed by other NSW (DPI) supporting documents and reports and references for this section

Legislation Commonwealth legislation Wildlife Protection (Regulation of Export and

Imports) Act 1982 Environment Protection and Biodiversity Conservation (EPBC) Act 1999

NSW Legislation Fisheries Management Act 1994 Environmental Planning and Assessment Act 1979 Marine Parks Act 1997 National Parks and Wildlife Act 1974 and Threatened Species Conservation Act 1995 Port Corporation and Waterways Management Act 1995 Crown Lands Act 1989 and Rivers and Water Act 2000 Foreshores Protection Act 1948 Food Production (safety) Act 1998 Food Production (safety) Act 1998

Management Management plans and regulations Fisheries management (general) regulation 2002

Fisheries Management (Aquatic Reserves) Regulation 2002 New South Wales Abalone Share Management Plan 2000 (5 year statutory plan commenced 18 February 2000) Fisheries Management (Abalone Share Management Plan) Regulation 2000 Fishery Management Strategy (included in EIS report Vol 2 Chapter D) Draft Abalone Fishery Code of Practice

Code of practice Draft Abalone fishery code of practice

172

Harvest strategies Target inputoutput annual quota allocation and TACC

Spatial management Divided into 6 regions for stock assessment purposes Marine parks and aquatic reserves where harvesting limited Seasonal closures (time and spatial)

Assessment

Stock assessment Target annual stock assessment

EIS Ecological (target byproduct bycatch TEP habitats and wider ecosystem) economic and social components

Risk assessment Broadly consistent with the guidelines for ESD reporting for Australian fisheries lsquoHow to Guidersquo for Wild Capture Fisheries by Fletcher et al 2002 It addresses the impact on fish resources and biophysical environment Target byproduct and bycatch TEP habitat and ecosystems

Economic components Analysis based on compilation of existing data Social components Descriptions of community values and views

associated with the Abalone Fishery including social capital skills base and transferability of skills with a brief analysis of the basis of these views and perceptions

Governance No Monitoring

Monitoring DPIampF statewide Long Term Monitoring Program (LTMP) started in 19999

Performance indicators and trigger points Objectives performance indicators and review triggers for ecological economic and social components

Observer program No Reporting Fishers A daily docket recording catch and effort

information such as the zones fished dive time catches taken from each zone information on the crew boat used and the consignee

NSW DPI Annual abalone fishery reports Research

Research Strategic research plan objectives strategies and priorities

Consultation

Management Advisory Committees (MACs)

Appendix A 173

NSW DPI submission to DEWHA in more detail

Legislation Acts

Act Relevant Authority Regulatory provisions

NSW Legislation Fisheries Management Act 1994

DPI Fishing authorisations fishing closures declaration and management of aquatic reserves protection of certain fish including threatened and protected species

Environmental Planning and Assessment Act 1979

Department of Planning (Planning NSW) and Local Councils

Administration of the environmental impact assessment and project approval system Development of environmental planning instruments which may protect wetlands or certain other areas

Marine Parks Act 1997 Marine Parks Authority Declaration and management of marine parks

National Parks and Wildlife Act 1974 and Threatened Species Conservation Act 1995

National Parks and Wildlife Service

Declaration and management of nature reserves and national parks protection of certain mammals birds and foreshore species including threatened and protected species

Port Corporation and Waterways Management Act 1995

Waterways Authority or relevant Port Corporation

Use of ports wharfs berths moorings etc licensing of vessels and maintenance of safe navigation in waterways

Crown Lands Act 1989 and Rivers and Water Act 2000 Foreshores Protection Act 1948

Department of Land and Water Conservation

Use of Crown land for wharfs berths or moorings and protection of river estuary and coastal foreshores

Food Production (safety) Act 1998

Safe food Fish products safe for human consumption

Commonwealth Legislation

Wildlife Protection (Regulation of Export and Imports) Act 1982

Agriculture Forestry and Fisheries Australia and Environment Australia

Licence to export protected wildlife

Environment Protection and Biodiversity Conservation (EPBC) Act 1999

Environment Australia Environmental Assessment of matters of National Significance including those affecting protected or threatened species Ramsar wetlands bird and mammal species protected under international agreements

Management

Plans and regulations

New South Wales Abalone Share Management Plan 2000 (5 year statutory plan commenced 18 February 2000)

Fisheries Management (Abalone Share Management Plan) Regulation 2000

174

Components of the Abalone Share Management Plan Part Title Purpose Part 1 Management Advisory Committees Describes the role and composition of the MAC Part 2 The NSW Abalone Fishery Profile A brief description of the fishery and its key

management components

Part 3 Strategic Plan for the Abalone Fishery

Outlines strategies in management research and compliance to meet objectives of the fishery

Part 4 Fisheries Management (Abalone Share Management Plan) Regulation 2000

The legislated component of the share management plan

Draft Abalone Fishery Code of Practice

The Code is presently in its initial stages and has been written to respond to current issues in the fishery and to assist with the implementation of particular management responses proposed in the Draft FMS for the Abalone Fishery The Code is to be adaptive to the changing needs of the fishery and is expected to evolve as the needs in the fishery change The Scope of the Code is as follows

bull This Code is voluntary bull This Code is directed towards the NSW commercial abalone divers deckhands bull It is envisaged that processors and the marketing and aquaculture sector of the

abalone industry will also adopt the principles of the Code and bull The Code may be revised from time to time as a result of changes in the

abalone industry or the seafood industry as a whole An objective under the code is to promote the ecologically sustainable development of the seafood industry and the sustainable use of living aquatic resources and their environments Underlying this Code of Practice one of the general principles applying across the seafood industry is that the abalone seafood industry will strive to conserve and protect aquatic ecosystems

Fishery Management Strategy (FMS)

A fishery management strategy is a document outlining the management goals objectives strategies for achieving the objectives (including the fishing or activity controls) performance indicators and the monitoring programs that apply to a fishery or activity Fishery management strategies are valuable because they

bull Provide a long term vision for management of a fishery or activity bull Clearly outline the strategies that are in place to achieve that vision and bull Provide stakeholders with greater certainty by knowing the management

programs that apply in the fishery or activity and provide useful background information

Appendix A 175

The strategies will allow the community to scrutinise the management arrangements for each fishery or activity and seek to ensure that the management arrangements in place provide sustainable fisheries and activities into the future

Harvest strategies

The Abalone Fishery is currently managed by a combination of input and output Controls including restricted entry size limits and a Total Allowable Commercial Catch (TACC) A stock assessment is applied to the Abalone fishery each year A quota management system was introduced into the Abalone Fishery on 1 August 1989 Quota was originally equally allocated to divers Since becoming a share managed fishery individual quotas are allocated (by weight) in proportion to shareholding on an annual basis The total allowable commercial catch (TACC) is set by the statutory and independent Total Allowable Catch Setting and Review Committee (Section B183) The TACC setting process takes into account an assumed level of recreational catch and unreported (illegal) commercial catch and all relevant scientific Industry community social and economic factors

Spatial management

The coastline of NSW has been divided into the following six regions for the purposes Of stock assessment Although regions differ in size they were originally chosen in1994 to be equivalent in the amount of commercial catch of abalone over the previous 10 years (TAC Committee 2002) although this has since changed In addition the coastline of NSW has been divided into 72 sub-zones This has been done to provide information on the harvest of abalone at small spatial scales and for the purposes of compliance reporting Marine parks and aquatic reserves where harvesting is limited and seasonal closures (time and area)

Assessment

Stock assessment

Target annual stock assessment The basis for the ongoing stock assessment program was initiated by DPI and Industry in 1993 through a Fisheries Research and Development Corporation (FRDC) grant and it has been fully-funded by Industry since 1996 The program has undergone considerable development and expansion over the past 11 years The annual assessment is presented to the TAC Committee and forms the basis for their determination of the TACC for each fishing period The assessment of the stock involves combining different sources of data as outlined in the table below

176

Sources of data Objectives and Comments

Fishery independent surveys

Involves researchers counting abalone in three size classes annually between July and December in fixed areas in each of the 6 stock assessment regions

Size structure of commercial catch

Fishery-dependent data collected from catch return sheets The average length of abalone in commercial catches is calculated The number of individuals and weight of each catch is used to calculate the average length of abalone in individual catches This is used to estimate the frequency distribution of sizes of abalone in the commercial catch

Analysis of commercial catch and effort data

Fishery-dependent data collected from catch return sheets Spatial and temporal trends in catch and effort are estimated Currently done annually

Stock assessment of abalone

Fishery-dependent and fishery-independent data are fed into a length-structure model with spatial components and used to make predictions that would result from various changes to management (TACs in particular) This information is presented to the TAC Committee annually

Environmental Impact Statement (EIS)

NSW DPI provide an Environmental Impact Statement for public consultation These are very detailed documents and address the following

bull The ecological (target byproduct bycatch TEP habitats and wider ecosystem) economic and social components

bull A draft fishery management strategy(goals objectives and management responses)

bull Performance monitoring and review (predetermined performance indicators and trigger points)

bull Proposed harvesting strategy and bull Impact on fish resources and biophysical environment (risk assessment)

Appendix A 177

Economic and social issues considered

Economic This information draws heavily upon a report on economic issues associated with the NSW Abalone Fishery prepared by Dominion Consulting Pty Ltd The Dominion report was compiled from existing information augmented by economic and social surveys conducted around 200102 DPI reports and Australian Bureau of Statistics data on NSW fisheries Much of the information presented in this section is now out of date particularly in light of recent significant changes in abalone beach prices and this is an acknowledged shortcoming of this analysis The economic issues considered include the following

bull Information sources bull Investment in fishing equipment and processing facilities bull Employment in the fishery bull Economic return from the fishery bull Gross revenue bull Shares bull Profitability in the fishery bull Productivity in the fishery bull Rents community contribution and management charges bull Economic contribution to local and regional economies and multiplier effects

and bull Overall risk from current operations to economic viability

Social Dominion Consulting Pty Ltd has described the community values and views associated with the abalone fishery including social capital skills base and transferability of skills with a brief analysis of the basis of these views and perceptions Umwelt Pty Ltd described Indigenous values and views associated with fishery as well as issues associated with European heritage The reports by Dominion Consulting Pty Ltd and Umwelt Pty Ltd also identified the overall social risks from the current operational regime taking into consideration the likelihood of the impacts and their predicted consequences The social issues considered include the following

bull Demography of shareholders divers and their families bull Demography of deckhands and their families bull Community values and views associated with the fishery bull The importance of social identity bull Job satisfaction bull Health risks to divers bull Health risks to consumers bull Indigenous cultural heritage and community issues bull Important indigenous sites and places bull The interface with traditional fishing and access to fishery resources bull Current implications for indigenous community well being bull Heritage issues

178

bull Locations of historic shipwrecks bull Overall risk from current operations to social issues bull Illegal activities bull Reduced employment and limited alternative employment and bull Indigenous community wellbeing

Risk assessment

The EIS includes a risk assessment which is broadly consistent with the guidelines for ESD reporting for Australian fisheries lsquoHow to Guidersquo for Wild Capture Fisheries by Fletcher et al 2002 It addresses the impact on target byproduct and bycatch TEPs habitats and other species assemblages

Monitoring and Performance

Monitoring

A number of monitoring programs are being used to gather information to measure performance indicators for the fishery For example the stock assessment program is the basis for providing information about biomass Performance indicators and trigger points for biomass and commercial catch rate are related to values for 1994 as this was the first year of the current stock assessment program for the fishery Other monitoring programs include measuring rates of compliance as indicated by the number of inspections that show illegal activity Monitoring rates of compliance are used as an indication of whether the number of offences is being minimised

Indicators and Trigger Points

The effectiveness of performance indicators in the share management plan in monitoring the performance of the fishery depends on how well they monitor the achievement of objectives For example the failure of the economic indicators to trigger in recent years when information has pointed to a reduced economic viability in the fishery suggests a review of economic indicators may be required Current indicators of economic viability are based mostly on the value and market of shares in the fishery and the independence of these to the economic situation in the fishery In addition indicators for biomass are ambiguous as it is unclear as to whether the objective is to maintain stocks at current levels or increase them There is also no indication of the preferred time period for recovery of the target stock should recovery be required

The performance indicators for the share management plan were developed to determine if the management objectives are being attained The trigger points specify a point when a performance indicator has reached a level that suggests there may be a problem with the fishery and a review is required Some performance indicators vary naturally from time to time The following table identifies the performance indicators and trigger points that are used to measure whether each of the management objectives described in the share management plan are being attained Under this existing regime a review of the share management plan is required if the Minister for Primary Industries

Appendix A 179

is satisfied that a trigger for review is breached An annual report is completed at the end of each fishing period which examines the performance of the fishery against the objectives of the plan Specifically it addresses each of the performance indicators and triggers identified in the table

180

Mon

itori

ng P

erfo

rman

ce in

dica

tors

and

trig

ger

poin

ts c

urre

nt p

erfo

rman

ce m

onito

ring

for t

he A

balo

ne F

ishe

ry (S

ourc

e S

MP

2000

) O

bjec

tive

Pe

rfor

man

ce In

dica

tor

M

onito

ring

and

Tri

gger

for

Rev

iew

Prom

ote

com

mer

cial

fish

ing

pr

actic

es fo

r aba

lone

that

do

not

impa

ct o

n th

e br

oade

r eco

syst

em

Com

mer

cial

fish

ing

prac

tices

for a

balo

ne d

o no

t hav

e an

adv

erse

en

viro

nmen

tal i

mpa

ct o

n th

e br

oade

r eco

syst

em

Rese

arch

con

duct

ed b

y or

on

beha

lf of

DPI

indi

cate

s th

at c

omm

erci

al

fishi

ng

for a

balo

ne is

hav

ing

an a

dver

se e

nvir

onm

enta

l im

pact

on

the

broa

der

ecos

yste

m

Mai

ntai

n or

incr

ease

the

biom

ass

of

mat

ure

and

lega

l siz

ed a

balo

ne

Biom

ass

of m

atur

e an

d le

gal s

ized

aba

lone

incr

ease

or d

o no

t ch

ange

in a

ny a

rea

to w

hich

a to

tal a

llow

able

cat

ch a

pplie

s

(usi

ng a

mod

el b

ased

ass

essm

ent

with

sur

vey

of a

balo

ne s

tock

co

nduc

ted

by D

PI in

199

4 to

be

used

as

a be

nchm

ark)

(a) T

he b

iom

ass

of m

atur

e or

lega

l siz

ed a

balo

ne in

an

area

in w

hich

a to

tal

allo

wab

le c

atch

app

lies

falls

bel

ow th

e 19

94 b

ench

mar

k by

mor

e th

an 1

5

(b) T

here

is gt

50

cha

nce

of (a

) occ

urri

ng in

the

next

5 y

ears

if th

e to

tal

allo

wab

le c

atch

is u

ncha

nged

Ensu

re m

anag

emen

t ar

rang

emen

ts fo

r the

fish

ery

do

not h

ave

a si

gnifi

cant

impa

ct o

n

the

cost

s of

taki

ng a

balo

ne fo

r sal

e

Man

agem

ent c

harg

e fo

r the

fish

ery

(und

er S

ectio

n 76

of t

he A

ct)

does

not

incr

ease

sig

nific

antly

dis

rega

rdin

g an

y in

crea

se th

at is

at

trib

utab

le to

the

prov

isio

n of

add

ition

al re

sour

ces

by D

PI (e

g

the

prov

isio

n of

add

ition

al c

ompl

ianc

e of

ficer

s)

Man

agem

ent c

harg

e fo

r the

fish

ery

incr

ease

s in

any

yea

r at a

rate

exc

eedi

ng

the

rate

of i

nfla

tion

(as

mea

sure

d by

the

cons

umer

pri

ce in

dex)

di

sreg

ardi

ng in

crea

ses

that

are

attr

ibut

able

to th

e pr

ovis

ion

of a

dditi

onal

re

sour

ces

by D

PI a

fter c

omm

ence

men

t of t

his

Plan

Prom

ote

cost

effi

cien

t m

anag

emen

t

Inde

pend

ent r

evie

w o

f the

man

agem

ent a

rran

gem

ents

for t

he

fishe

ry c

ondu

cted

per

iodi

cally

at t

he re

ques

t of t

he M

inis

ter

de

term

ines

that

man

agem

ent a

rran

gem

ents

are

app

ropr

iate

Inde

pend

ent r

evie

w d

eter

min

es th

at th

e m

anag

emen

t arr

ange

men

ts fo

r the

fis

hery

are

inap

prop

riat

e

Ensu

re th

e fis

hery

rem

ains

ec

onom

ical

ly v

iabl

e

Stan

dard

ised

com

mer

cial

cat

ch ra

tes

rela

tive

to 1

994

Ther

e is

a

buyi

ng m

arke

t for

quo

ta T

here

is a

buy

ing

mar

ket f

or s

hare

s in

th

e fis

hery

Val

ue o

f sha

res

in th

e fis

hery

is m

aint

aine

d or

in

crea

sed

Stan

dard

ised

cat

ch ra

tes

fall

by m

ore

than

15

o

f199

4 be

nchm

ark

20

(or

mor

e) o

f quo

ta a

vaila

ble

for t

radi

ng c

anno

t be

trad

ed 1

5

(or m

ore)

of

shar

es a

vaila

ble

for t

radi

ng c

anno

t be

sold

Val

ue o

f sha

re p

acka

ges

for a

fis

hing

per

iod

decr

ease

s by

mor

e th

an 1

0

(usi

ng 1

999

valu

e as

a

benc

hmar

k)

Ensu

re a

ppro

pria

te re

sear

ch a

nd

mon

itori

ng in

the

fishe

ry

Nec

essa

ry d

ata

are

avai

labl

e fo

r ass

essm

ent o

f aba

lone

sto

cks

In

suffi

cien

t dat

a ar

e av

aila

ble

for t

he p

urpo

se o

f set

ting

the

tota

l allo

wab

le

catc

h fo

r aba

lone

Ensu

re th

e nu

mbe

r of

endo

rsem

ents

in th

e fis

hery

doe

s

not i

ncre

ase

sign

ifica

ntly

Ther

e is

no

sign

ifica

nt in

crea

se in

the

num

ber o

f per

sons

elig

ible

fo

r an

endo

rsem

ent a

fter t

he c

omm

ence

men

t of t

his

Plan

N

umbe

r of p

erso

ns e

ligib

le fo

r an

endo

rsem

ent e

xcee

ds 4

2

Min

imis

e th

e nu

mbe

r of o

ffenc

es

com

mitt

ed b

y co

mm

erci

al d

iver

s

and

fish

proc

esso

rs

Num

ber o

f offe

nces

rela

ting

to a

balo

ne c

omm

itted

by

dive

rs

annu

ally

as

indi

cate

d by

qua

lity

insp

ectio

ns c

ondu

cted

by

DPI

in

dica

tes

subs

tant

ial c

ompl

ianc

e w

ith th

e A

ct t

his

Plan

and

the

ot

her r

egul

atio

ns u

nder

the

Act

Ove

rall

rate

of c

ompl

ianc

e w

ith th

e A

ct t

his

Plan

and

oth

er re

gula

tions

un

der t

he A

ct (e

stim

ated

ann

ually

by

the

Dir

ecto

r) is

less

than

70

Appendix A 181

Reporting Fishers Endorsed divers must comply with a daily catch reporting procedure A daily docket recording catch and effort information such as the zones fished dive time catches taken from each zone as well as information on the crew boat used and the consignee must be recorded Divers are required to validate their catch before moving more than 50 metres from the boat ramp or associated car park NSW DPI Abalone share management fishery annual reports

Research Strategic plan for abalone research from Abalone share Management Plan (2000)

Objective Maintain or increase the biomass of mature and legal sized abalone

Strategies

bull Describe and analyse patterns in commercial catch effort catch rate and the size of abalone caught

bull Complete annual independent surveys to provide an index of the relative abundance of abalone of different sizes

bull Incorporate all data sources into a formal modelling framework to assess the current state of the stock and the risk and performance of future TAC

bull Release hatchery-produced larval and juvenile abalone to depleted reefs bull Investigate interactions between the fisheries for abalone and sea urchins with

particular reference to the potential for enhancement of the abalone fishery bull Complete surveys of the infection rate by Perkinsus with the potential of

minimising losses caused by mortality bull Provide a description of the impact of fishing practices upon the mortality of

undersized abalone and bull Complete experiments and analysis of meat-weight shell-length relationships

and provide the information to compliance Objective Ensure appropriate research and monitoring in relation to the fishery

Strategies

bull Consultation with the MAC Industry community Department other agencies and users of the information and

bull External review of existing strategies and their cost-effectiveness Ongoing stock assessment research projects (Source Abalone share Management Plan 2000)

182

Research Projects Objectives and Comments

Fishery independent surveys

Involves researchers counting abalone in three size classes annually between July and December in fixed areas in each of the 6 stock assessment regions

Size structure of commercial catch

Fishery-dependent data collected from catch return sheets The average length of abalone in commercial catches is calculated The number of individuals and weight of each catch is used to calculate the average length of abalone in individual catches This is used to estimate the frequency distribution of sizes of abalone in the commercial catch

Analysis of commercial catch and effort data

Fishery-dependent data collected from catch return sheets Spatial and temporal trends in catch and effort are estimated Currently done annually

Stock assessment of abalone

Fishery-dependent and fishery-independent data are fed into a length-structure model with spatial components and used to make predictions that would result from various changes to management (TACs in particular) This information is presented to the TAC Committee annually

Other Research

A revision of research priorities in late 2002 indicated the following research priorities ranked in order of importance from 1 (highest priority) to 3 (lowest priority) Ecological Processes

Development of the sea urchin fishery to enhance abalone populations Rank 2

Impacts of Management and Manipulation Utility of alternative size limits and fish-downs for abalone Rank 3 Reporting Managerial and Policy Methodologies Estimation of the illegal catch of abalone Rank 1 Disease and Pollution Effects of Perkinsus and water quality on abalone Rank 1 Post-harvest and Value-adding Development of improved tanking and marketing of abalone Rank 2 Socio-economics Education and Communication Economic assessment of the impact of the Abalone Fishery Rank 2

Consultation Management Advisory Committees (MACs) Ministerial Advisory Councils The Ministerial Advisory Councils currently established are

bull The Seafood Industry Advisory Council (SIAC)

Appendix A 183

bull The Advisory Council on Recreational Fishing (ACoRF) and bull Total Allowable Catch Setting and Review Committee (TAC)

Supporting documentsreports (NSW DPI) bull NSW status of fisheries resources 200102 bull Planning strategic research for fisheries aquaculture and aquatic conservation

in NSW 2004-2009 bull TAC Committee Abalone Fishery Report and Determination 200607 bull Draft Fishery Management strategy bull 2Taking of Abalone Prohibited ndash Poster bull 2Abalone Share Management Plan bull 2Abalone Share Managed Fishery Annual Report 20012002 bull 2Abalone Share Managed Fishery Annual Report 200203 and bull Future Governance of the NSW Abalone Fishery Alternative Arrangements

2Final Report March 2004

References NSW DPI submission to DEWHA Abalone Fishery Environmental Impact Statement Vol 1 2 and 3 (September 2005) prepared by The Ecology Lab Pty Ltd on behalf of NSW Department of Primary Industries and shareholders of the NSW Commercial Abalone DEWHA Assessment Assessment of the New South Wales Abalone Fishery (November 2006) Australian Government Department of the Environment and Heritage Legislation Commonwealth Legislation

bull Wildlife Protection (Regulation of Export and Imports) Act 1982 and bull Environment Protection and Biodiversity Conservation (EPBC) Act 1999

NSW legislation

bull Fisheries Management Act 1994 bull Environmental Planning and Assessment Act 1979 bull Marine Parks Act 1997 bull National Parks and Wildlife Act 1974 and Threatened Species Conservation Act

1995 bull Port Corporation and Waterways Management Act 1995 bull Crown Lands Act 1989 and Rivers and Water Act 2000 Foreshores Protection

Act 1948 and bull Food Production (safety) Act 1998

184

Management

bull Fisheries Management (general) Regulation 2002 bull Fisheries Management (Aquatic Reserves) Regulation 2002 bull Abalone fishery Share Management Plan (2000) and bull Fisheries Management (Abalone Share Management Plan) Regulation (2000)

Other

bull FisheryDraft Abalone Fishery Code of Practice bull 2Taking of Abalone Prohibited ndash Poster bull 2Abalone Share Managed Fishery Annual Report 20012002 bull 2Abalone Share Managed Fishery Annual Report 200203 bull Future Governance of the NSW Abalone Fishery Alternative Arrangements ndash

2Final Report March 2004 and bull How to Guidersquo for Wild Capture Fisheries by Fletcher et al 2002

Part 2 DEWHA Assessment 2Abalone Fishery

The assessment

The submission has been assessed in accordance with the protected species provisions of Part 13 and the wildlife trade provisions of Part 13A of the EPBC Act The assessment includes

bull 2Department of the Environment and Heritage Assessment Report (December 2005)

bull 2Department of the Environment and Heritage Assessment Report (November 2006)

bull 2Accreditation of a plan of management for the purposes of part 13 (28th November 2005)

bull 2Declaration of an approved Wildlife Trade Operation ndash Gazetted on Wednesday 30 November 2005 S212

bull 2Variation to Declaration of an approved Wildlife Trade Operation (21 November 2006)

bull 2Amendment to the List of Exempt Native Specimens ndash Registered on Wednesday 30 November 2005 F2005L03806

bull 2Ministerial decision (November 2005) bull 2Ministerial decision (November 2006) bull 2Agency submission on ecological sustainability (September 2005) bull Invitation to comment closed Friday 14 October 2005

The assessment of the fishery was based primarily on the FMS contained within the draft Environmental Impact Statement (EIS) provided by NSW DPI The FMS has not yet been finalised or formally implemented into the management arrangements of the fishery and requires modification to ensure the ongoing ecologically sustainable management of the fishery

Appendix A 185

DEWHA assessment report

The assessment of the New South Wales Abalone Fishery (November 2006) Australian Government Department of the Environment and Heritage (from Overall assessment pgs 8-9) The material submitted by NSW DPI demonstrates that the existing management arrangements for the fishery in conjunction with the commitments made in the draft FMS and determination of the fishery under the NSW EPampA Act by the NSW Minister for Primary Industries meet most of the requirements of the Australian Government Guidelines for the Ecologically Sustainable Management of Fisheries While the final FMS will allow the fishery to be relatively well managed DEWHA has identified a number of current risks and uncertainties that must be further managed to ensure that their impacts are minimised

bull Significantly depleted stocks in several management regions bull Absence of defined recovery strategies to address depleted stock levels bull Need for finer spatial scale management to address potential localised and serial

depletion of available stocks bull Uncertain levels of recreational and illegal catches and bull Continuing significant impacts of illegal harvesting

The operation of the fishery is consistent with the objects of Part 13A of the EPBC Act DEWHA recommends that the existing WTO for the fishery be extended for a further 2 years up to 28 November 2008

2Ministerial decision

November 2005 2Declaration of an approved Wildlife Trade Operation (Gazetted on Wednesday 30 November 2005 S212) under Part 13A of the EPBC Act 3 This declaration would allow the export of product from the fishery for the next 12 months The declaration was subject to the conditions (set out in Attachment A) November 2006 The accreditation under Part 13 of the EPBC Act granted in November 2005 will continue to apply to the fishery The Minister decided to extend the current WTO for the Abalone Fishery until 28 November 2008 subject to the conditions and recommendations below

186

Conditions and recommendations Conditions Conditions on the Approved Wildlife Trade Operation Declaration for the New South Wales (NSW) Abalone Fishery

1 Operation of the fishery will be carried out in accordance with the NSW Abalone Share Management Plan 2000 in force under the NSW Fisheries Management Act 1994

2 NSW Department of Primary Industries (DPI) to advise the Department of the Environment and Heritage (DEWHA) of any material change to the Abalone Fishery management arrangements that could negatively affect the assessment of the fishery against the Environment Protection and Biodiversity Conservation Act 1999 criteria within three months of that change being made

3 A report to be produced and presented to DEWHA annually and to include

a information sufficient to allow assessment of the progress of NSW DPI in conjunction with industry and other stakeholders in implementing the conditions and recommendations made and

b the status of the Abalone Fishery performance indicators compared to the trigger points

4 The Fishery Management Strategy for the NSW Abalone Fishery to be finalised and approved by the end of April 2007

5 NSW DPI in conjunction with NSW Abalone Fishery stakeholders to develop and implement within 12 months an agreed recovery strategy for abalone stocks across the fishery that defines the following

bull precautionary recovery targets and associated timeframes bull specific measures to promote the rebuilding of stocks to target levels and bull stock and catch monitoring and compliance measures required to evaluate

and enforce the recovery of depleted stocks Recommendations Recommendations for the extended Wildlife Trade Operation Declaration for the New South Wales (NSW) Abalone Fishery

1 NSW Department of Primary Industries (DPI) to work with other abalone stakeholders to ensure that the necessary consultative and co-management arrangements through the Abalone Fishery Management Advisory Committee or other mechanisms continue to operate to address the management commitments of the fishery

2 NSW DPI in conjunction with NSW Abalone Fishery stakeholders to develop and commence implementing within 6 months scientific surveys of the status of stocks in the Region 1 of the fishery

Appendix A 187

3 NSW DPI within 18 months to develop and implement measures to improve estimates of illegal recreational and indigenous catches of abalone for incorporation into the fishery resource assessment process

4 NSW DPI in conjunction with industry to develop and progressively implement in the next 18 months a program of finer scale management measures including catch limits at sub-regional levels spatially and temporally specific size limits and specific management arrangements for the closure and re-opening of areas of the fishery

5 NSW DPI in cooperation with other jurisdictions to develop more effective strategies and specific measures to quantify and reduce the extent of illegal take of abalone in NSW

188

Northern Territory Fisheries assessments bull 2Aquarium Fishery bull 2Demersal Fishery bull 2Finfish Trawl Fishery bull 2Mud Crab Fishery

bull 2Shark Fishery bull 2Spanish Mackerel Fishery bull 2Timor Reef Fishery bull 2Trepang Fishery

NT DPIFM submissions to DEWHA

The submissions to DEWHA under the EPBC Act addressed the EPBC principles and objectives for the ecological components only

2NT Spanish Mackerel Fishery an example Part 1 provides a summary and details of the NT DPIFM agency submission on ecological sustainability to DEWHA (May 2002) Part 2 provides summary information of DEWHA assessment of the fishery and the Ministerial decision conditions and recommendations

Part 1 NT DPIFM submission to DEWHA (May 2002) Submission for the purposes of the protected species provisions of Part 13 and the wildlife trade provisions of Part 13 A of the EPBC Act

The following information is from the report Assessing the ecological sustainability of the Northern Territory Spanish Mackerel Fishery compiled by Annette OrsquoGrady (May 2002) a report prepared for Environment Australia as required for assessment under the EPBC Act 1999 and was current at time of the submission (May 2002) to DEWHA Other relevant information that is included is sourced from the NT (DPIFM) fisheries web documents and in each case source references are provided

A summary of the NT (DPIFM) submission to DEWHA is provided in the table below and then in more detail under the same headings This is followed by other NT (DPIFM) supporting documents and reports and references for this section Legislation Commonwealth legislation Wildlife Protection (Regulation of Export and

Imports) Act 1982 Environment Protection and Biodiversity Conservation (EPBC) Act 1999 National Policy on ESD and the National ESD framework for Australian fisheries

NT legislation NT Fisheries Act 1998 Review of the Fisheries Act 1998 a discussion paper (February 2006) NT Fisheries Regulations (operational 1st January 1993)

Management Management plans and regulations Spanish Mackerel Fishery Management Plan in

force at 1st February1993

Appendix A 189

Review of Spanish Mackerel Fishery Management Plan discussion paper November 2000

Codes of practice No

Harvest strategies Target species input controls

Spatial management No

Assessment

Stock assessment Target species annual stock assessment based on age structured modelling

EIS No

Risk assessment No

Economic components No

Social components No

Governance No

Monitoring

Monitoring Monitoring of target species and byproduct Bycatch TEP habitat ecosystems provision for comments in logbook

Performance indicators and trigger points Proposed objectives indicators and trigger points and management action (review of management arrangements)

Observer program No

Reporting

Fishers Daily logbook listing catch effort and market details returns to the Fisheries Division on a monthly basis

NT DPIFM Annual status and technical reports Spanish mackerel fishery assessment reports every 3-5 years

Research

Research Strategic plan for fisheries research and development 2005-2009

Consultation

Spanish Mackerel Fishery Management Advisory Committee (SMACMAC)

NT DPIFW Submission to DEWHA in more detail

Legislation Acts Commonwealth legislation

bull Wildlife Protection (Regulation of Export and Imports) Act 1982 bull Environment Protection and Biodiversity Conservation (EPBC) Act 1999 and bull NT are signatories to the National Policy on ESD and the National ESD

framework for Australian fisheries

190

NT State legislation bull NT Fisheries Act 1998 bull Review of the Fisheries Act 1998 a discussion paper (February 2006) and bull NT Fisheries Regulations (operational 1st January 1993)

Management

Plans and regulations

Spanish Mackerel Fishery Management Plan in force at 1st February1993 Review of Spanish Mackerel Fishery Management Plan discussion paper November 2000 Current management arrangements take into account controls in neighbouring jurisdictions whilst complementary management arrangements between the statesTerritory have been agreed should research define shared stocks of Spanish mackerel This forum is effective in addressing cross jurisdictional issues particularly stock assessment and bycatch information

Spanish mackerel byproduct limits have been imposed for a range of offshore and nearshore fisheries The Timor Reef and Demersal fisheries have a nil byproduct of Spanish mackerel and the Commonwealth-managed Northern Prawn and Western Tuna fisheries may have a total of ten finfish in possession including Spanish mackerel Spanish mackerel byproduct arrangements for Northern Territory fisheries that target other species have been canvassed through the review of the Spanish Mackerel Fishery Management Plan The Barramundi and Shark fisheries have agreed to implement Spanish mackerel byproduct limits

The selective nature of Spanish mackerel fishing gear and targeting practices restricts the take of byproduct and limits most byproduct to other pelagic species The most common observed byproduct species are grey (or broad-barred) mackerel (Scomberomorus semifasciatus) long tail tuna (Thunnus tonggol) coral trout (Plectropomus spp) cobia (Rachycentron canadus) and various trevallies (Family Carangidae) Byproduct currently comprises less than 25 percent (by whole weight) of the commercial Spanish mackerel fishery catch

There are no threat abatement plans or recovery plans implemented for species of relevance to the Northern Territory Spanish mackerel fishery The Territoryrsquos fishing effort is restricted to very selective fishing gear that aims to minimise both interaction with the environment and limit bycatch If it became apparent that a threat abatement planrecovery planbycatch action strategy was in the Northern Territory the Fisheries Regulations or the Spanish Mackerel Fishery Management Plan would be amended to facilitate the plan The review of the Spanish Mackerel Fishery Management Plan has proposed that a Spanish mackerel bycatchbyproduct action plan be developed for fisheries targeting species other than Spanish mackerel It is envisaged that the Spanish

Appendix A 191

mackerel bycatchbyproduct action plan will be implemented throughout the latter half of 2002

Harvest strategies

The commercial Spanish mackerel fishery is managed by input controls including limited entry a licence reduction scheme and gear restrictions Licences have decreased from 28 to 19 since the introduction of a two for one licence reduction program in 1992 whereby two restricted Spanish mackerel licences are relinquished for the provision of one fully transferable licence During 2001 14 commercial fishers actively participated in the fishery

Spatial management

The target species is most commonly found in clear oceanic waters from the NT coast to the edge of the Australian Fishing Zone (AFZ)

Assessment

Stock assessment

Logbook returns from commercial Spanish mackerel fishers and fishing tour operators (FTOs) are submitted to the Fisheries Division and provide the necessary details for stock assessments The Spanish mackerel fishery and Spanish mackerel stocks are reviewed annually at the Northern Australian Fisheries Management Workshop attended by fisheries managers researchers and compliance officers from Western Australia the Northern Territory Queensland and the Commonwealth Various stock assessment methods have been applied to the NT Spanish Mackerel Fishery Age-structured models using the available time series of catch and effort have provided the best results but even those assessments are considered to be only moderately reliable Stock assessment of Spanish mackerel in the NT has proved quite problematic Assessments in 1997 and 2000 noted that the fishery has been recovering from over-fishing by the Taiwan-Australia joint venture fishery of the 1970s and 1980s but without better information on harvest rates or abundance the real impact of the fishery cannot be ascertained In addition to the geographic relationships of stocks being finely divided it is difficult to estimate the size of Spanish mackerel stocks as they are not amenable to survey by trawling or gill net or even by air and are difficult to capture uninjured for tagging (Source Fishery Status Reports 2004 (December 2005) Fishery Report No82) A range of national and international expert fisheries researchers have contributed to stock assessments of the Northern Territory Spanish mackerel fishery Peer review of the Spanish mackerel stock assessment process was provided through a seminar presented at the 1993 Australian Society for Fish Biology Conference Public stock assessment workshops reviewing the Spanish mackerel fishery were conducted in July 1997 and August 2000 These workshops were led by nationally and internationally recognised stock assessment scientists

192

Technical analyses involved northern Australian researchers from a range of institutions including DBIRD (then DPIF) Queensland Department of Primary Industries Fisheries Western Australia Sydney University CSIRO and the Bureau of Resource Sciences Members of the public commercial Spanish mackerel fishers industry recreational representatives fisheries managers conservation and indigenous groups attended the public sessions of the stock assessment workshops Introductory and conclusion sessions were held to inform and gather input from stakeholders for stock assessment modelling undertaken by researchers during the remainder of the workshop

Risk assessment

Given the negligible level of bycatch a risk assessment and risk analysis of bycatch species has not been undertaken This is appropriate to the size and scale of the fishery

Commercial fishersrsquo and fishing tour operatorsrsquo logbooks independent observers technical and research officers have not indicated any interaction with endangered threatened or protected species Information gathered from these sources is considered reliable and appropriate to the size and scale of the fishery There are no threatened ecological communities identified in Northern Territory waters It is for this reason that no assessment of the impact of the fishery on threatened ecological communities has been undertaken

The Spanish mackerel fishery is a surface-based line fishery that does not impact on the substrate As there are no identified impacts of the Spanish mackerel fishery on the ecosystem there are no relevant management actions in place The nature of fishing operations as well as the restriction of gear and vessels limits the effects of fishing on the environment The Spanish mackerel fishery is a surface-based fishery of hand-hauled hook line and lure method that has minimal impact on the ecosystem

Monitoring performance indicators and trigger points

Monitoring

The fishery is assessed and monitored through logbook returns observers and fishery dependent research Commercial fishers are required by legislation to submit daily or monthly logbook returns on all targeted catch and byproduct There is a comments section on the logbook for fishers to note any impacts on the fishery ecosystem or any general environmental considerations It is considered that comments on logbook returns together with observer and research studies provide an adequate reporting system appropriate to the scale of the fishery that is sufficient to monitor the impact of the Spanish mackerel fishery on the wider marine ecosystem As the Spanish mackerel fishery imposes no risk and has minimal interaction with all components of the ecosystem there is currently no monitoring of any ecosystem indicators

Appendix A 193

Performance indicators and trigger points

The Fisheries Act aims to conserve enhance protect utilise and manage the fish and aquatic life resources of the Territory to

bull Promote develop and maintain commercial and amateur fishing bull Provide for optimum yields from a fishery and maintain the quality of the yield bull Ensure that the fisheries of the Territory are not endangered or overexploited bull Encourage tourist and scientific interest in fish and aquatic life andor bull Ensure that the habitats of fish or aquatic life and the general environment is not

detrimentally affected These objectives are achieved by the Spanish Mackerel Fishery Management Plan primarily through reducing commercial participation rates to extremely low levels and further effort reduction programs monitoring of catches and regular review of management plans Possession limits have been imposed for recreational anglers The effectiveness of these management arrangements are assessed through the annual desktop review of the Spanish mackerel fishery The review of the Spanish Mackerel Fishery Management Plan promotes

bull The long term sustainability of the Spanish mackerel fishery and the ecological processes on which they rely

bull Equitable quality fishing opportunities for all stakeholder groups and bull Effective efficient and consistent management that supports the sustainable use

of individual Spanish mackerel stocks These objectives and performance indicators will be incorporated in the revised Spanish Mackerel Fishery Management Plan A notional catch limit of 90 of this target annual yield (by whole weight) has been defined as a major trigger point for the fishery The reference point has been determined in consultation with stakeholders and the wider community as a precautionary level at which a major review of the fishery will take place If 90 of the estimated sustainable yield (by whole weight) is reached Fisheries Division will request SMACFMAC to review management arrangements so that the total take of Spanish mackerel will not exceed sustainable yield estimates The proposed introduction of sectoral catch shares has been generally agreed for inclusion in the revised Management Plan That is each sector (commercial and recreational) is allocated a share of the fishery Individual sectors will trigger revised management arrangements for that sector if that sectorrsquos catch level changes by more than 20 percent (whole weight) Any significant (20 percent) change (increase or decrease) in catch of a sectoral catch share or a 30 decline in the total catch of the fishery (by whole weight) will trigger a review of the fishery and the management arrangements Catch levels are reviewed annually through the production of the Spanish mackerel Status Report and at the North Australian Fisheries Management Workshop

194

Proposed management strategies for the Spanish mackerel fishery Objective Performance Indicator Trigger Point Management Action Ensure the sustainability of the Spanish mackerel stocks

Estimated catch by all sectors does not exceed the estimated sustainable yield of Spanish mackerel

Aggregate landings by all sectors reach 90 of the sustainable yield (by whole weight) andor total fishery catch declines by 30 (by whole weight)

Management arrangements for the Spanish mackerel fishery will be reviewed by SMACFMAC Management regime to be implemented to ensure that aggregate landings by all sectors do not exceed estimated sustainable yield

Genetic studies indicate discrete Spanish mackerel stock(s)

Discrete Spanish mackerel stocks identified

SMACMFAC to review and make recommendations on appropriate management response to ensure the sustainability of discrete Spanish mackerel stocks

Sustainable yield estimates are reviewed annually

Annual review Continue existing research and review alternative yield estimate methodologies annually

Optimal utilisation of Spanish mackerel

Estimated catch share (as a percentage of total aggregate landings by whole weight) for all sectors remains unchanged

Estimated catch share by a stakeholder group(s) (commercial or recreational) changes (increase or decrease) by more than 20 (by whole weight)

Undertake a desktop study to determine the circumstances leading to the increasedecline in catch share arrangements SMACFMAC to make recommendations to the Director of Fisheries on appropriate management arrangements to address any changes in catch shares

Ensure the sustainability of byproduct taken in the Spanish mackerel fishery

Byproduct in the Spanish mackerel fishery increases significantly

Byproduct in the Spanish mackerel fishery increases to 10 of the total catch (whole weight)

SMACFMAC to make recommendations to the Director of Fisheries on appropriate management arrangements to address any changes and reduce byproduct levels

Minimise effects of fishing operations on endangeredthreatened protected speciescommunities

Endangeredthreatened protected speciescommunities are identified in NT waters

Impacts are observed by commercial fishers or fisheries observers

Threat abatement plan implemented

Appendix A 195

Reporting Fishers

Commercial fishers are required under the Fisheries Act to provide logbook returns to the Fisheries Division listing catch effort and market details on a monthly basis NT DPIFM

bull Annual status and technical reports and bull Spanish mackerel fishery assessment reports every 3-5 years

Research Queensland the Northern Territory and Western Australia have commenced collaborative research projects on Spanish mackerel that seek to address the limitations in information that is currently available for stock assessment and management This information will provide an improved understanding of stock relationships throughout northern Australia Such research projects include the FRDC funded study Stock Structure of northern and Western Australian Spanish mackerel (98159) and Stock Assessment of Spanish mackerel (Scomberomorus commerson) in Western Australia (99151) A summary of the Northern Territory Strategic Plan for Fisheries Research and Development 2005-2009 Wild harvest Spanish Mackerel is provided below

196

The

Nor

ther

n Te

rrito

ry S

trate

gic

Plan

for F

ishe

ries R

esea

rch

and

Dev

elop

men

t 200

5-20

09 W

ild h

arve

st S

pani

sh M

acke

rel

Proj

ect P

riorit

y H

= H

igh

M =

Med

ium

L =

Low

NT

= N

T Fu

nded

E =

Ext

erna

lly fu

nded

Y =

Yet

to b

e fu

nded

PLA

NN

ED

O

UT

CO

ME

S

SPE

CIF

IC R

ampD

OU

TC

OM

ES

20

05 P

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TS

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ND

ING

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CE

S

DU

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N

(YE

AR

S)

SUST

AIN

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LE

H

AR

VE

STIN

G

Fish

ery

asse

ssm

ent r

epor

ts o

n th

e st

atus

of t

he

NT

stoc

ks o

f Spa

nish

mac

kere

l in

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ing

sust

aina

bilit

y in

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tors

M

anag

emen

t Pla

n fo

r Spa

nish

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l fis

hery

revi

ewed

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tagg

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ped

and

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ied

to

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ove

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of

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ock

mod

ellin

g

Envi

ronm

enta

l ac

cred

itatio

n un

der

the

EPB

C

Act

obt

aine

d

- Pro

visi

on o

f ong

oing

ass

essm

ents

of t

he N

T Sp

anis

h m

acke

rel

stoc

ks [H

]

- Im

plem

enta

tion

of G

ENET

AG

bul

k ta

ggin

g m

ark-

reca

ptur

e te

chno

logy

for S

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sh m

acke

rel

deve

lope

d in

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labo

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n w

ith F

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C i

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ding

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nal t

aggi

ng p

roto

cols

[H]

- P

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sion

of i

nfor

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ion

for t

he m

anag

emen

t of t

he fi

sher

y us

ing

stoc

k as

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t ef

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ion

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els t

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y th

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ial o

f the

fish

ery

incl

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g ris

k as

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t and

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aina

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y in

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[M]

- P

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nves

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ion

of th

e va

lue

of m

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ric in

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n in

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g th

e m

acke

rel f

ishe

ry [L

]

N

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T

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T

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20

05 ndash

200

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2005

ndash 2

006

20

05 ndash

200

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4 ye

ars

PRO

TE

CT

ION

OF

BIO

DIV

ER

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Y

The

troph

ic re

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ps b

etw

een

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l an

d its

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ent d

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ed i

nclu

ding

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tion

of d

iet a

nd it

s ass

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tions

Non

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rget

cat

ch d

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ente

d

Ris

k as

sess

men

t of f

ishe

ry im

pact

s on

by-

catc

h b

ypro

duct

- In

form

atio

n on

die

t of

Spa

nish

mac

kere

l an

d by

-cat

ch t

o be

co

llect

ed d

urin

g on

boar

d m

onito

ring

[M]

- Opp

ortu

nist

ic c

olle

ctio

n of

bio

logi

cal i

nfor

mat

ion

on o

ther

pe

lagi

c fis

h [M

]

Y Y

4

year

s

4 ye

ars

OPT

IMU

M

UT

ILIS

AT

ION

Info

rmat

ion

on th

e ha

rves

t lev

els o

f the

co

mm

erci

al r

ecre

atio

nal a

nd in

dige

nous

se

ctor

s gat

here

d

Equi

tabl

e an

d op

timis

ed c

atch

shar

ing

betw

een

shar

ehol

der g

roup

s im

plem

ente

d

- Ana

lysi

s of i

nfor

mat

ion

on re

crea

tiona

l and

indi

geno

us

harv

est c

olle

cted

dur

ing

the

2000

Nat

iona

l Rec

reat

iona

l Fi

shin

g Su

rvey

) [M

] - P

roje

ct o

n ca

tch

shar

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to b

e fo

rmul

ated

[M]

N

TEX

T

Y

2005

2 ye

ars

Appendix A 197

Consultation Spanish Mackerel Fishery Management Advisory Committee (include representatives from both commercial and recreational fishing sectors) (SMACFMAC)

Supporting documentsreports (NT DPIFM) bull Spanish mackerel stocks and management arrangements are reviewed annually

through the production of the Spanish Mackerel Status Report and the l Technical Report providing updated catch trends and status of the Spanish mackerel fishery These reports are available to the public online through the Departmentrsquos website or in hard copy through the Fisheries Division

bull Fishery Status reports and bull Northern Territory Strategic plan for fisheries research and development 2005-

2009

References Submission to DEWHA

bull Assessing the ecological sustainability of the Northern Territory Spanish Mackerel Fishery compiled by Annette OrsquoGrady (May 2002) a report prepared for Environment Australia as required for assessment under the EPBC Act 1999

DEWHA assessment

bull Assessment of the Northern Territory Spanish Mackerel Fishery (January 2003) Marine and Water Division Environment Australia

Legislation Commonwealth legislation

bull Wildlife Protection (Regulation of Export and Imports) Act 1982 bull Environment Protection and Biodiversity Conservation (EPBC) Act 1999 and bull NT are signatories to the National Policy on ESD and the National ESD

framework for Australian fisheries NT State legislation

bull NT Fisheries Act 1998 bull Review of the Fisheries Act 1998 a discussion paper (February 2006) and bull NT Fisheries Regulations (operational 1st January 1993)

Management

bull Spanish Mackerel Fishery Management Plan in force at 1st February1993 and bull Review of Spanish Mackerel Fishery Management Plan discussion paper

November 2000 Other

bull Northern Territory Strategic Plan for Fisheries Research and Development 2005-2009

198

bull Walters C and Buckworth R (1997) Shark and Spanish mackerel stocks

assessed Northern Territory Fisheries Industry Council Newsletter July 1997 8(2)14-15

bull Fishery Status Report 1999 bull Fishery Status Report 2000 bull Fishery Status Report 2001 bull Fishery Status Report 2002 bull Fishery Status Report 2003 bull Fishery Status Report 2004 bull Mackerel and Reef Fisheries ndash A Review of the NT 1979 bull Spanish Mackerel ndash Age Structure of the Commercial Catch of Northern bull Territory Narrow-Barred 1998 bull Spanish Mackerel ndash Future Management Options for the NT Fishery 2000 and bull Spanish Mackerel Fishery ndash Fishery Assessment Report for the NT 1999

Part 2 DEWHA assessment of the 2NT Spanish Mackerel Fishery

The assessment

The submission has been assessed in accordance with the protected species provisions of Part 13 and the wildlife trade provisions of Part 13A of the EPBC Act The assessment includes

bull 2Department of the Environment and Heritagersquos Assessment Report (January 2003)

bull 2Accreditation of a Plan of Management for the Purposes of Part 13 (4th February 2003)

bull 2Amendment of List of Exempt Native Specimens ndash Gazetted on Friday 28 March 2003 No S101

bull 2Ministerial decision (4th February 2003) and bull 2Agency submission on ecological sustainability (May 2002)

DEWHA assessment report

Assessment of the Northern Territory Spanish Mackerel Fishery (January 2003) Marine and Water Division Environment Australia (Overall assessment selections from page 4) The material submitted by NT Fisheries indicates that the fishery operates in accordance with the Commonwealthrsquos Guidelines for the ecologically sustainable management of fisheries As the official fishery area encompasses Commonwealth as well as State waters consideration under Part 13 of the EPBC Act is required regarding the impact of the fishery on listed threatened species listed migratory species cetaceans and listed marine species A number of protected species occur in the fishery area EA is satisfied that the monitoring of interactions assessment of the impacts current management responses and triggers for future management are sufficient to ensure that all persons engaged in fishing are required to take all reasonable steps to minimise impacts EA considers that the fishery is unlikely to have an unacceptable

Appendix A 199

impact on protected species EA recommends that this fishery be accredited under Part 13 of the EPBC Act The assessment concludes that the fishery is managed in an ecologically sustainable way EA recommends that the export of species taken in the fishery should be exempt from the export permit requirements of Part 13A of the EPBC Act with that exemption to be reviewed in five years

2Ministerial decision The management arrangements for the fishery meet the Commonwealths Guidelines for the Ecologically Sustainable Management of Fisheries For the purposes of the wildlife trade provisions in part 13A of the EPBC Act the management arrangements provide the basis for the fishery to be managed in an ecologically sustainable way Therefore the Minister amended the list of exempt native specimens to include all specimens taken in the Spanish Mackerel Fishery for a period of five years Such listing will serve to exempt the fishery from other export controls of the Act and exempt exporters from requiring export permits under the Act To further strengthen the effectiveness of the management arrangements for the SMF and to contain the environmental risks in the medium to long term a series of recommendations have been developed The implementation of these recommendations and other commitments made by NT Fisheries in the submission will be monitored and reviewed as part of the next Commonwealth review of the fishery in five years time Before the next review in 2008 NT Fisheries will

Recommendations

1 Inform Department of the Environment and Heritage of any future amendment to the management regime for the Spanish Mackerel Fishery

2 Formalise the objectives performance indicators trigger points and management actions outlined in Table 1 of the NT submission into the Spanish Mackerel Management plan where appropriate

3 Implement the Byproduct Action Plan for fisheries targeting species other than Spanish mackerel within the first year

4 Report on objectives performance indicators and triggers in the annual status report

5 Conduct a compliance risk assessment for the Spanish Mackerel Fishery 6 By 2005 formalize guidelines including clear timeframes for implementation

for undertaking review of the fisheries management arrangements once reference points and triggers are reached

7 Continue to seek out alternative cost effective fishery independent sampling techniques and report outcomes in the annual status report

8 Include yearly results of observer surveys (including information on target species bycatch and protected species interactions) in the annual status report and implement alternative data collection validation techniques if observer trips are no longer feasible

200

9 Make reporting of all protected species interactions compulsory and implement an education program to ensure industry has the capacity to make accurate reports

10 Gather information that would support a move to a precautionary biological reference point for Spanish mackerel

11 Monitor the species composition of bycatch and byproduct with a view to undertaking a more rigorous risk analysis if there is a significant increase in the catch of individual species

12 Monitor the size composition of the commercial catch of Spanish mackerel and introduce additional management measures if the catch composition shifts to pre mature fish

Appendix A 201

Queensland fisheries bull 2Blue Swimmer Crab Pot Fishery bull 2Coral Fishery bull 2Coral Reef Fin Fish Fishery bull 2Deepwater Finfish Fishery bull 2Developmental Jellyfish Fishery bull 2Developmental Slipper Lobster

Fishery bull 2East Coast Inshore Finfish

Fishery bull 2Finfish (Stout Whiting) Trawl

Fishery bull 2Gulf of Carpentaria

Developmental Finfish Trawl Fishery

bull 2Gulf of Carpentaria Inshore Finfish Fishery

bull 2Gulf of Carpentaria Line Fishery bull 2East Coast Beche-de-mer Fishery

bull 2East Coast Otter Trawl Fishery bull 2East Coast Pearl bull 2East Coast Spanish Mackerel

Fishery bull 2East Coast Trochus Fishery bull 2East Coast Tropical Rock

Lobster Fishery bull 2Eel Fishery bull 2Marine Aquarium Fish Fishery bull 2Marine Specimen Shell Fishery bull 2Moreton Bay Developmental

Beche-de-mer Fishery bull 2Mud Crab Fishery bull 3River and Inshore Beam Trawl

Fishery bull 3Rocky Reef Finfish Fishery bull 3Spanner Crab Fishery

QLD DPI submissions to DEWHA

The submissions to DEWHA under the EPBC Act addressed the EPBC principles and objectives (ecological components only)

The QLD 3Coral Reef Fin Fish Fishery an example Part 1 provides a summary and details of the QLD DPI agency submission on ecological sustainability to DEWHA Part 2 provides summary information of DEWHA assessment of the fishery and the Ministerial decision conditions and recommendations

Part 1 QLD DPI submission to DEWHA (19 July 2005) Submission for the purposes of the protected species provisions of Part 13 and the wildlife trade provisions of Part 13A of the EPBC Act The following information is from the report Ecological assessment of the Queensland coral reef fin fish fishery A report to the Australian Government Department of Environment on the ecologically sustainable management of a multi-species line fishery in a coral reef environment (2005) Other relevant information that is included is sourced from the QLD (DPI) fisheries web documents and in each case source references are provided

A summary of the QLD (DPIFM) submission to DEWHA is provided in the table below and then in more detail under the same headings This is followed by other QLD (DPI) supporting documents and reports and references for this section

202

Legislation

Commonwealth legislation Great Barrier Reef Marine Park Act 1975 (Commonwealth)

Marine Parks Act 1982

Nature Conservation Act 1992

Environmental Protection and Biodiversity Conservation (EPBC) Act 1999

QLD legislation Fisheries Act 1994

Fisheries Regulations 1995

Integrated Planning Act 1997

Management

Management plans and regulations Fisheries (Coral Reef Fin Fish Fishery) Management Plan 2003

Code of practice DPIampF intends to hold a stakeholder workshop in early 2005 to develop a code of practice for commercial line fishers on discarding fish Both the commercial and recreational sectors have voluntary Codes of Practice that explicitly refer to minimising and reporting interactions with TEP species

Harvest strategies TAC and ITQs with limited entry catch quota management scheme As part of the ELF project the CRC Reef has evaluated a number of alternative management strategies which has been used to inform management decisions The use of ELFSim a model designed to simulate responses to management changes based on information gained during the ELF project also helps inform management data

Spatial management Zoning and temporal closures

Assessment Stock assessment Target species no formal stock assessment model

has been applied but status is assessed using fishery dependent (logbooks) and independent information

EIS No Risk assessment No however processes have been put in place in

the CRFFF to increase the information available on interactions with ETP species a detailed risk assessment of the actual and potential impacts to particular speciesgroups is still some time off Accordingly in producing this ecological assessment DPIampF contacted a number of experts knowledgeable about different ETP species and threats to them and asked them to rate the likelihood and severity of interactions with the CRFFF

Economic components No

Appendix A 203

Social components No

Governance No

Monitoring and performance Monitoring The DPIampF statewide Long Term Monitoring

Program (LTMP) started in 1999 Performance indicators and trigger points A detailed evaluation and review process for the

CRFFF has been included as a fundamental of the new management arrangements The evaluation and review measures also provide a trigger for responses where the objectives are not being achieved The Plan does not prescribe the type of management measures that will be triggered by review events nor the timeframes in which management change should occur in the event of a review being triggered

Observer program An observer program enabling the placement of observers on commercial line fishing vessels operating on the GBR will be explored further in the coming months and if possible be developed for implementation later in 2005 As part of its ELF program CRC Reef conducted direct observations using at sea observers of commercial fishing operations in the CRFFF over a two-year period from 1996-1998

Reporting Fishers Daily logbook records must be returned to DPIampF

at the end of each month QLD DPI Annual status reports first report planned 2006 Research

Research The Scientific Advisory Group (SAG) of Reef MAC reviewed the research needs for the fishery and a number of projects were identified as priorities

Consultation

Management Advisory Committees (MACs)

QLD (DPI) submission to DEWHA in more detail

Legislation Acts Commonwealth legislation

bull Great Barrier Reef Marine Park Act 1975 (Commonwealth) bull Marine Parks Act 1982 bull Nature Conservation Act 1992 and bull Environmental Protection and Biodiversity Conservation (EPBC) Act 1999

204

QLD State legislation bull Fisheries Act 1994 bull Fisheries Regulations 1995 and bull Integrated Planning Act 1997

Management

Plan and regulations

Fisheries (Coral Reef Fin Fish Fishery) Management Plan 2003

A comprehensive revision and restructure of the management arrangements in the CRFFF has recently been completed and implemented The fishery is now managed through the Fisheries (Coral Reef Fin Fish) Management Plan 2003 (the Plan) legislated under the Fisheries Act 1994

The Coral Reef Fin Fish Fishery (CRFFF) is a diverse fishery that includes commercial recreational charter and indigenous fishers The fishery is almost exclusively based within the Great Barrier Reef (GBR) with over 95 percent of the total catch taken within the Great Barrier Reef Marine Park (GBRMP) This adds additional responsibilities to manage the fishery with respect to the world heritage area values for which the GBR has been listed An important tourism industry worth hundreds of millions of dollars to the Australian economy also operates in the Great Barrier Reef World Heritage Area (GBRWHA) in the same areas as the CRFFF

The commercial sector is focused on a relatively small number of target species Coral trout (Plectropomus spp) and red throat emperor (Lethrinus miniatus) are the two key species groups representing approximately two thirds of the unitised commercial catch under the quota arrangements recently introduced into the fishery A further 80 to 100 species of coral reef fin fish from a number of families comprise the remainder of the commercial catch generally caught only in low quantities There is little difference between target and bycatch species in the CRFFF The species that comprise the majority of the lsquobycatchrsquo from the fishery are actually target species released or discarded for a variety of reasons The Plan has enhanced DPIampFrsquos ability to ensure the sustainability of the major bycatch species The Plan specifically mentions bycatch as an issue potentially affecting the long term sustainability of the fishery and includes a review event relating to bycatch species DPIampF considers that few biological or ecological risks exist to the bycatch species in the CRFFF

DPIampF and its predecessors have assumed ultimate responsibility for the management of fish stocks in the CRFFF however a number of organisations have also been involved in the management of the fishery Management arrangements administered by the following State and Commonwealth agencies apply to the CRFFF

Appendix A 205

bull Department of Primary Industries and Fisheries ndash DPIampF (State) bull Environmental Protection Agency Queensland Parks and Wildlife Service ndash

(EPAQPWS) (State) and bull Great Barrier Reef Marine Park Authority ndash GBRMPA (Commonwealth)

Summary of key management arrangements under the Plan

1 Designation of a comprehensive list of coral reef fin fish such that all species caught in the CRFFF are managed under the Plan

2 Minimum legal size limits implemented for all designated CRFF species and applicable to all fishers

3

Significant reduction in the number of commercial operators able to fish in the CRFFF (from 1700 to approximately 412) through allocating lsquoRQrsquo (reef quota) symbols only to those fishers able to demonstrate a historical involvement in the fishery (above a certain level)

4

Significant reduction in commercial catches through the introduction of a commercial total allowable catch (TAC) of 3061 tonnes for all CRFF species in total separated into three categories for coral trout (1350 tonnes) red throat emperor (700 tonnes) and lsquoother speciesrsquo (1011 tonnes)

5 Sharing of the commercial TAC among eligible RQ-endorsed fishers through a tradeable quota system (again based on the historical catches of the fisher)

6 Reduced recreational possession limits applicable to all non-commercial fishers for all coral reef fin fish in total (20 fish maximum) and for individual speciesspecies groups (variable between 5-10 fish)

7 Listing of 7 coral reef fin fish as no take due to their iconic status or ciguatoxic concerns

8 Requirement that fishers (except for those with a filleting permit) land all coral reef fin fish

whole (ie not filleted) to overcome identification and measurement difficulties in enforcing minimum legal size and possession limits

9 Three annual nine-day spawning closures implemented fishery-wide and for all fishers to protect the spawning potential of key coral reef fin fish species

10 A comprehensive evaluation and review process to ensure that the Plan is achieving its stated objectives of promoting applying and balancing the principles of ecologically sustainable development

206

Code of practice

DPIampF intends to hold a stakeholder workshop in early 2005 to develop a code of practice for commercial line fishers on discarding fish Both the commercial and recreational sectors have voluntary Codes of Practice that explicitly refer to minimising and reporting interactions with TEP species

Harvest strategies

The main measures are a TAC and ITQs with limited entry catch quota management scheme As part of the ELF project the CRC Reef has evaluated a number of alternative management strategies which has been used to inform management decisions The use of ELFSim a model designed to simulate responses to management changes based on information gained during the ELF project also helps inform management data

Spatial management

bull Zoning with area closures or restrictions (under the Fisheries Act 1994 and the Marine Parks legislation) and

bull Closures during spawning season

Three annual 9-day closures have been implemented in the CRFFF under the Plan to protect spawning aggregations from fishing during their most vulnerable time The closures extend to all east coast Queensland tidal waters between 10ordm41rsquosouth and 24ordm50rsquosouth in which coral reef fin fish stocks are found and apply to all fishers (commercial recreational and charter) The waters are closed for 6 days prior to and 2 days following the new moon (9 days) during the three lunar cycles in late SeptemberOctober to December in 2004-2008

Rezoning of the Great Barrier Reef Marine Park through the Representative Areas Program With over 95 percent of commercial CRFF catches and the major share of recreational catches taken within the boundaries of the GBRMP the zoning arrangements within the Marine Park have a significant effect on the operation and long-term sustainability of the CRFFF The World Heritage Area (WHA) status of the GBR confers an additional responsibility to manage the fishery with respect to the WHA values for which the GBRMP has been listed The rezoning of the GBRMP introduced on July 1st 2004 following the Representative Areas Program (RAP) has significantly enhanced the network of closed areas Under the new zoning arrangements approximately 33 of the marine park area is now included in green zones which are closed to all extractive uses including commercial and recreational fishing The new network of closed areas has considerably increased the level of protection afforded to ecological communities within the GBRMP and will certainly produce flow on benefits to the CRFFF

Appendix A 207

As part of the Representative Areas Program the Australian Government agreed to implement a structural adjustment package for those significantly affected by the rezoning This has effectively reduced the total quota by approximately 10

Assessment

Stock assessment

Target Under the new Plan a lsquocatch upper limitrsquo for the commercial sector has been set through a commercial TAC which is distributed as line units among eligible licence holders Licence holders were allocated an RQ symbol to commercially take CRFF species based on their historical involvement in the fishery

The new Management Plan deals directly with excess fishing capacity through a catch quota management scheme intended to reduce and cap the commercial harvest at 3061 tonnes down from catches in 2002 of 4500 tonnes The restructuring of the commercial line fishing fleet is aimed at addressing the latent (excess) fishing capacity that currently exists on Queenslandrsquos east coast Together with the quota allocation a reduction in the number of licenses will ensure a more economically viable line fishing fleet A number of factors have traditionally impeded the development of an accurate assessment methodology for the species involved in the CRFFF A large degree of the difficulty relates to the complex life history characteristics exhibited by the various CRFFF species groups and families Although no formal stock assessment model has yet been applied to CRFFF species DPIampF and other organisations involved in the fishery have assessed the status and sustainability of the CRFFF based on the extensive fishery-dependent and independent information available which are based primarily on fishery-dependent data (eg commercial logbooks RFISH diaries) are produced for each of Queenslandrsquos state managed fisheries including the CRFFF when required It is anticipated that a Condition and Trend report for the CRFFF will be undertaken during 20052006 allowing adequate time for the fishery to adjust to recent management changes

It was agreed at a meeting of the SAG in October 2004 that formal stock assessments will be undertaken jointly by DPIampF and CRC Reef for key CRFF species (ie common coral trout and red throat emperor) while risk assessments will be carried out for those secondary species that may be vulnerable to fishing pressure as a result of their biologylife history It is anticipated that the stock assessments will coincide with the completion of the CRC Reef ELF project A comprehensive fishery assessment is currently underway on red throat emperor

The planned use of observers on commercial fishing vessels within the CRFFF to directly observe and record catch and effort of commercial fishers will allow the collection of detailed information on fishing effort in hours species and sizes caught fish harvested and the fate of those not harvested and a range of other details not reported in the commercial logbooks In particular the observer program will assist in validating logbook returns

208

The Department of Primary Industries and Fisheries (DPIampF) and its various predecessors have developed an integrated Queensland Fisheries Information System (QFISH) to gather fishery dependent information on the fisheries under its management Fishery dependent information collected by DPIampF includes a complete daily census of commercial fishing activities via a compulsory logbook program and a regular large-scale statewide voluntary recreational fishing survey The information provides a longitudinal survey of fishing activities and fish catches including both target and byproduct species and more recently endangered threatened and protected species QFISH is one of the most comprehensive fishery-dependent information collection systems in Australia

In order to halt any further expansion of commercial fishing effort in the fishery the Department in consultation with the ReefMAC determined to apply the ldquoprecautionary principlerdquo in the face of incomplete scientific information (ie no formal stock assessment) Consequently the commercial TAC was set at approximately 10 below the 1996 commercial harvest level Future stock assessments will provide clarification on whether the commercial harvest is set at an appropriate level

BycatchByproduct

The definition of target byproduct and bycatch species is difficult (and somewhat arbitrary) for the CRFFF as it is for most multi-species fisheries The primary reasons for this difficulty are the diversity of speciesspecies groups present in the GBRMP the significant variations in spatial and temporal patterns of fish abundance and catchability the substantial and seasonally variable price differentials between the various species caught and the various product forms landed and the complications these factors create for accurate logbook recording of which speciesgroups are targeted and to what extent

DPIampF is committed to ensuring management of bycatch and byproduct is based on accurate and reliable information The Plan has recently introduced new requirements for measuring the means of achieving the objectives of the Plan Schedule 1 3(d) prescribes that Achievement of the main purpose must be measured by the following reliable information about the level of by-catch of coral reef fin fish regulated by species

Despite the scale of the CRFFF and its volume of catch limited information has been collected to quantify bycatch rates in the commercial sector The recently introduced Plan specifically mentions bycatch as an issue potentially impacting on the long-term sustainability of the fishery Schedule 1 of the Plan includes a specific bycatch review event which if exceeded will trigger a review of the achievement of the main purpose of the Plan The review event is that ldquothe level of bycatch of coral reef fin fish has increased by more than 10 in a 4 year periodrdquo

The most comprehensive and reliable existing information on commercial CRFF fishersrsquo bycatch comes from the CRC Reefrsquos Effects of Line Fishing (ELF) Program Over a two-year period from 1996-98 CRC Reef carried out an observer program on the lsquoliversquo and lsquodeadrsquo operators in the commercial sector as part of a FRDC-funded project (FRDC Project No 96138 Mapstone et al 2001)

Appendix A 209

TEP A number of species present in the waters of the CRFFF are protected under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act 1999) Great Barrier Reef Marine Park Regulations 1983 the Nature Conservation Act 1992 (NCA 1992) and the Fisheries Regulation 1995 There are no threatened ecological communities listed under the EPBC Act 1999 or its amendments within the area of operation of the CRFFF

Traditionally commercial fishers in the CRFFF have not been required to report interactions with ETP species The new LF04 and Species of Conservation Interest (SOCI) logbooks were introduced into the CRFFF from 1 July 2004 as part of the commencement of the new quota management arrangements The LF04 logbook contains a specific requirement for all Queensland line fishers to record on a daily basis if they have interacted with any species of conservation interest If an interaction has occurred the fisher must complete a separate SOCI logbook sheet detailing the species involved the time and location of the interaction and the condition of the individual following release

The introduction of the SOCI logbook for commercial fishers and information provided in future RFISH surveys will enhance DPIampFrsquos ability to assess the type and level of interactions with ETP species in the CRFFF A more accurate and quantitative assessment of interactions will in turn allow DPIampF in consultation with the Queensland EPA DEWHA and GBRMPA to implement more appropriate management There has been no formal assessment of the impact of the CRFFF on endangered threatened and protected (ETP) species responses

Habitats and ecosystems No specific studies have been conducted to date to determine the impacts of the CRFFF on the ecosystems with which the fishery interacts There is general consensus among fishers researchers and other stakeholders involved in ReefMACrsquos processes that the line fishing gear and methods utilised in the CRFFF are unlikely to impose significant negative impacts on the broader marine ecosystem This view is supported by the GBRMPA (2000a) which considers line fishing to be relatively benign in terms of impacts to the environment Two recent reviews of the collateral impacts of various fishing gears (Morgan and Chuenpagdee 2003 and AMCS 2004) have also assessed hook and line fishing as among the least harmful of all fishing methods with only minimal impacts to either benthic habitats or marine fauna

Risk assessment

The National Strategy for the Survival of Released Line Caught Fish an initiative of the FRDC is a collaborative research development and extension program aimed at quantifying and increasing the post release survival of released line-caught fish As part of the National Strategy McLeay et al (2002) conducted a preliminary risk assessment for the major line-caught fish species for each state The results for the Queensland component reveal that CRFFF species have variable susceptibility to post release mortality Coral trout (Plectropomus spp) and red throat emperor (Lethrinus miniatus) the two major commercial target species were both rated as having a medium

210

susceptibility to post release mortality relative to other species listed Sweetlips (Family Haemulidae) emperors (Lethrinus spp) tuskfish (Choerodon spp) and cods (Family Serranidae) were also rated a mid-range risk By comparison nannyai (Lutjanus malabaricus and L erythropterus) jobfish (Pristipomoides spp) and tropical snappers and seaperch (Lutjanus spp) all rated a relatively high risk

Although several processes have been put in place in the CRFFF to increase the information available on interactions with ETP species a detailed risk assessment of the actual and potential impacts to particular speciesgroups is still some time off Accordingly in producing this ecological assessment DPIampF contacted a number of experts knowledgeable about different ETP species and threats to them and asked them to rate the likelihood and severity of interactions with the CRFFF A research priority identified was a risk assessment for byproduct and by-catch species (also protected species)

Monitoring and Performance

Monitoring

The DPIampF statewide Long Term Monitoring Program (LTMP) started in 1999 The primary aim of the LTMP is to collect data to assess the resource (ranging from analysis of trends in stock abundance indices to more complex quantitative stock assessments) and to evaluate management strategies For example the type of data collected in monitoring surveys for the coral reef fin fish fishery Species Type of data collected Data collection method

Coral reef fin fish species abundance size sex and age for some target species and incidental catch

structured research line surveys catch sampling and commercial fishing surveys

Indicators and trigger points

A detailed evaluation and review process for the CRFFF has been included as a fundamental of the new management arrangements and adds a level of transparency and accountability to the management and review process of the fishery These provisions will measure the sustainability of the fishery in terms of target species bycatch and ecosystem impacts and matters of fair access to and community benefit from use of the fishery resources DPIampF is currently evaluating the adequacy of the current review event which is likely to result in changes which will make the reviews more quantitative and therefore measurable The evaluation and review measures also provide a trigger for responses where the objectives are not being achieved The evaluation and review section of the Plan also provides for dealing with high use areas adjacent to community centres The section requires that a review be undertaken where evidence indicates that localised depletion has occurred and provides for continued assessment of the performance of the quota management scheme Schedule 1 of the Plan provides for the events that will trigger an obligation to review the achievement of the main purpose of the Plan These triggers include review events

Appendix A 211

(a) Reliable information shows (i) the estimated abundance of coral trout or red throat emperor has in each of

the last 3 years decreased from the preceding year or (ii) the fish size and age distribution of coral trout or red throat emperor in a

region have in each of the last 3 years changed from the preceding year or

(iii) the fishery is having a significant impact on stocks of other coral reef fin fish

(b) Reliable information shows any of the following (i) the estimated abundance of coral reef fin fish has in each of the last 3

years decreased from the preceding year (ii) the fish size and age distribution for other coral reef fin fish have in each of

the last 3 years changed from the preceding year (iii) the level of by-catch of coral reef fin fish regulated by species has increased

by more than 10 in a 4 year period (c) Information in statistical returns required under the Act shows any of the following for the fishery

(i) recreational catch including recreational catch from commercial fishing tours in the fishery increased more than 10 in a 4 year period

(ii) commercial fishing or recreational fishing on commercial fishing tours in a region in a year increased more than 20 from the preceding year

(iii) the average commercial catch of coral trout red throat emperor or other coral reef fin fish in a region in each of the last 3 years decreased from the preceding year

(iv) a significant decrease in participation in commercial fishing tours in a period of at least 3 years

(d) Reliable information shows (i) a significant decrease in community compliance with this plan or (ii) increased significant community dissatisfaction with management of the

fishery and opportunity for fishing in the fishery (e) Reliable information from an economic study about the fishery shows a significant decrease in the fisheryrsquos economic efficiency (f) Compliance with the requirements under the Act about statistical returns for any of the following decreases progressively or significantly

(i) commercial fishers and commercial fishing tours for the fishery (ii) holders of RQ licences (iii) commercial buyers of coral reef fin fish

(g) The chief executive does not receive information about levels of recreational catch and participation for the fishery and (h) The chief executive reasonably believes information given to the chief executive by commercial or recreational fishers or commercial fishing tour operators under the Act is not accurate The Plan does not prescribe the type of management measures that will be triggered by review events nor the timeframes in which management change should occur in the event of a review being triggered DPIampF is hesitant to become overly prescriptive in regulation This is particularly the case in regard to review events which may in fact be triggered by shifts outside the control of fisheries management such as international

212

disasters (eg SARS and the recent Tsunami disaster) market changes and industry adjustment to new management arrangements (from DPIampF GBRMPA or EPA) DPIampF would prefer to maintain a level of flexibility in the arrangements while still ensuring that adequate review is built into the Plan These points also apply to why broad figures are used in the review events and in particular why they are in relative terms rather than gross figures

Observer program

The planned use of observers on commercial fishing vessels within the CRFFF to directly observe and record catch and effort of commercial fishers will allow the collection of detailed information on fishing effort in hours species and sizes caught fish harvested and the fate of those not harvested and a range of other details not reported in the commercial logbooks In particular the observer program will assist in validating logbook returns An observer program enabling the placement of observers on commercial line fishing vessels operating on the GBR will be explored further in the coming months and if possible be developed for implementation later in 2005 This activity should be coordinated with other similar activities being undertaken for the management and monitoring of other fishery stocks (eg Spanish mackerel) to ensure that effort in developing such a program and fisher contact during the program is not duplicated To assist in monitoring the bycatch of the fishery DPIampF is also implementing an observer program onboard commercial vessels as part of the monitoring strategy for coral reef fish As part of its ELF program CRC Reef conducted direct observations using at sea observers of commercial fishing operations in the CRFFF over a two-year period from 1996-1998 (Mapstone et al 2001a) Both lsquolive fishingrsquo and lsquodead fishingrsquo operations were observed

Reporting Fishers All commercial fishers in Queensland have a legal obligation to provide information about their fishing activity (through daily logbook recording) Fishery-dependent data from the commercial sector of the fishery is collected via CFISH ndash the Commercial Fisheries Information System Since its commencement in 1988 CFISH has collected daily data from commercial fishers about their commercial fishing activity through the use of compulsory logbooks The daily logbook records must be returned to DPIampF at the end of each month for fisheries such as the Coral Reef Fin Fish Fishery (CRFFF) Two independent investigations of the accuracy of the logbook-derived total catch information suggest that logbook data are not substantially different to the independent estimates of total catch

Appendix A 213

QLD DPI To provide more frequent information to the public DPIampF prepares annual status reports for each individual fishery throughout the year The 2006 Status reports lists the Coral Reef Fin Fishery but is not yet available

Research A range of fishery-dependent and independent research and monitoring is routinely undertaken to ascertain the participation in the fishery and level of harvest from all sources In addition research projects investigate the life history biology and ecology of the species and habitats of the CRFFF and on the dynamics of the fishery and its various sectors

The dynamic nature of fish stocks and fisheries dictates that these research priorities will change particularly when significant new management arrangements are introduced Consequently the Scientific Advisory Group (SAG) of Reef MAC recently reviewed the research needs for the fishery The following projects were identified as priorities

bull Improved validated catch and effort data for ReefMAC species in all fishing sectors

bull Determine the degree of change in fishing practices for ReefMAC species resulting from recent management changes on social and economic dimensions

bull Risk assessment for byproduct and by-catch species (particularly OS quota group but also protected species)

bull Development of a framework for assessing social consequences of management actions in the Reef Line Fishery

bull Determine (or improve knowledge of) the basic biology including reproductive biology and behaviour of ReefMAC species

bull Evaluate the effectiveness of zoning and marine protected areas as tools for managing ReefMAC stocks on an ecological and social basis

bull Estimate survival of releaseddiscarded line-caught fish (focus on pelagics and sharks)

bull Improving compliance in the line fisheries through an understanding of fisher behaviour

bull External environmental impacts on ReefMAC managed species bull Determine the degree to which the reef-line fishery has extended into new deep-

water grounds and assess the vulnerability of deep-water target species to exploitation

bull Assess the vulnerability of large-mouth nannygai (Lutjanus malabaricus) and small-mouth nannygai (L erythropterus) to fishing pressure and determine the appropriateness of current management measures

bull Identify and evaluate appropriate performance measures for ReefMAC stocks and their fisheries

bull Stock assessment of coral trout (Plectropomus spp)

214

bull Stock assessment of Spanish mackerel (Scomberomorus commerson) bull Stock assessment of snapper (Pagrus auratus) including impacts of habitat

change bull Risk assessment of the impacts of anchor damage bull Effective monitoring of by-catch species and bull Development of size specific fishing techniques for Spanish mackerel

The priorities identified by Reef MAC and the SAG were rated on the basis that areas of limited information were of a higher priority than core business or current research projects already underway The priorities will be ratified by the SAG in April 2005 and will guide both research and monitoring in the near future In addition to the above research and monitoring priorities DPIampF is able to access the results of three ongoing research programs that focus specifically on the species harvested in the CRFFF These programs are the primary sources of current information on the CRFFF and include

bull DPIampF Long Term Monitoring Program (hereafter the DPIampF LTMP) bull Australian Institute of Marine Science Long Term Monitoring Program

(hereafter the AIMS LTMP) and bull CRC Reef Effects of Line Fishing Project (hereafter the CRC Reef ELF

Project) Queensland Fisheries 2010 Vision ndash Ensuring a sustainable future for all (QFISH foresight project) A strategic planning and futuring project designed to create a strong coordinated commitment by all stakeholders to an agreed vision of Queensland Fisheries of the future The projects objectives are

bull To promote cultural change in the fishing industry through scenario planning bull To provide an holistic framework for the development of the fishing industry in

Queensland including all stakeholders eg commercial recreational indigenous charter boat operators aquaculture marketeers environmental groups and

bull To promote both ecological and economic sustainable development through cooperative planning

Consultation Management Advisory Committees (MACs) provide advice to Department of Primary Industries and Fisheries (DPIampF) on the development of appropriate management arrangements for Queensland fisheries Seven MACs have been formed

bull Trawl MAC bull Reef MAC bull Crab MAC bull Gulf of Carpentaria MAC bull Inshore finfish MAC bull Harvest fisheries MAC and bull Freshwater MAC

Appendix A 215

Queenslandrsquos seven MACs play a vital role in providing expert advice information and recommendations to DPIampF on the management use protection and development of fisheries resources MACs are made up of individuals who offer expertise from a range of backgrounds including all major fishing interest groups local authorities and other natural resource management agencies The MACs are independently chaired Specific tasks undertaken by MACs include

bull Advising on the development of discussion papers and other planning processes

bull Advising on draft policy to be released for stakeholder and community consultation

bull Identifying and advising on priority research needs and bull Addressing specific fisheries management issues and making recommendations

to DPIampF on a needs basis

Supporting documentsreports (QLD DPI) bull 2006 Status report for the coral reef fin fish fishery listed but not yet available bull Fisheries resource allocation policy (30 June 2003) bull Queensland Fisheries 2010 Vision Ensuring a Sustainable Future for all (draft

currently with interested parties for comment) bull Preferred Scenario for Queensland Fisheries in 2010 (draft currently with

major stakeholders for comment) bull Individual Stakeholder Scenarios in 2010 (draft currently with major

stakeholders for comment) and bull Looking after protected species in Queensland a comprehensive guide for

commercial fishers (2005) QLDDPIF

References Submission to DEWHA Ecological assessment of the Queensland coral reef fin fish fishery A report to the Australian Government Department of Environment on the ecologically sustainable management of a multi-species line fishery in a coral reef environment (2005) Claire Andersen Kadesh Clarke Jim Higgs and Shannon Ryan With contributions from Danny Brooks Mark Elmer Malcolm Dunning Brad Zeller Jeff Bibby Lew Williams Clare Bullock Stephanie Slade and Warwick Lee (DPIampF Fisheries) Ian Brown and Wayne Sumpton (DPIampF Animal Sciences) Gavin Begg and Ashley Williams (CRC Reef )Bob Grimley (DPIampF Queensland Boating and Fisheries Patrol) Queensland Government Department of Primary Industries and Fisheries DEWHA Assessment Assessment of the Queensland Coral Reef Finfish Fishery (October 2005) Australian Government Department of the Environment and Heritage Legislation Commonwealth legislation

bull Great Barrier Reef Marine Park Act 1975 (Commonwealth) bull Marine Parks Act 1982

216

bull Nature Conservation Act 1992 and bull Environmental Protection and Biodiversity Conservation Act 1999

QLD State Legislation

bull Fisheries Act 1994 bull Fisheries Regulations 1995 and bull Integrated Planning Act 1997

Management

bull Fisheries (Coral Reef Fin Fish Fishery) Management Plan 2003 and bull Fisheries Status reports

Other

bull Mcleay L Jones K and Ward T 2002 National strategy for the survival of line-caught fish ndash a review of research and fishery information Draft final report for comments by workshop participants March 20 2002 FRDC Project 2001101 Fisheries research and development corporation and SARDI and

bull FRDC Project No 96138 Mapstone et al 2001

Part 2 DEWHA Assessment of the QLD 3Coral Reef Fin Fish Fishery

The assessment

The submission has been assessed for the purposes of the protected species provisions of Part 13 and the wildlife trade provisions of Part 13A of the EPBC Act

bull Department of Environment and Heritage assessment report (October 2005) bull 3Accreditation of a Plan of Management for the Purposes of Part 13 (16

November 2005) bull 3Declaration of an approved Wildlife Trade Operation ndash Gazetted on Wednesday

23 November 2005 GN 46 bull 3Amendment of List of Exempt Native Specimens ndash Registered Wednesday 23

November 2005 F2005L03688 bull 3Ministerial Decision (16 November 2005) bull 3Agency submission on ecological sustainability (2005) and bull Invitation to comment closed Monday 18 July 2005

DEWHA assessment

Assessment of the Queensland Coral Reef Finfish Fishery (October 2005) Australian Government Department of the Environment and Heritage (Overall assessment pgs 4-5) The material submitted by DPIampF demonstrates that the management arrangements for the CRFF meet the requirements of the Australian Government Guidelines for the Ecologically Sustainable Management of Fisheries While the fishery is relatively well managed DEWHA has identified a number of risks that must be managed to ensure that impacts are minimised

Appendix A 217

bull Absence of stock and risk assessments for target byproduct and bycatch species

bull Lack of information on total mortalities of target byproduct and bycatch species

bull Lack of validation of target and byproduct catch logbook data bull Lack of performance measures for byproduct of non-coral reef finfish protected

species and the ecosystem generally bull Lack of a risk-based compliance program bull Lack of robust estimates of recreational catch and bull Lack of consideration of recreational catch in the estimate of the sustainable

level for a TAC The operation of the fishery is consistent with the objects of Part 13A of the EPBC Act DEWHA recommends that the fishery be declared an approved Wildlife Trade Operation (WTO) Specifically the WTO declaration would allow the export of product from the fishery for a period of three years As the official fishery area encompasses Commonwealth as well as State waters consideration under Part 13 of the EPBC Act is required regarding the impact of the fishery on listed threatened species listed migratory species cetaceans and listed marine species Protected species occurring in the fishery area include marine turtles dugong cetaceans sharks and seabirds The available evidence from fishery-dependent and fishery-independent studies suggests that there are limited interactions with protected species and DEWHA concurs with DPIampFrsquos assessment that line fishing gear is likely to have negligible impacts on protected species There are no listed threatened ecological communities in the fishery area The assessment also considers the possible impacts on the World Heritage Values of the Great Barrier Reef Marine Park (GBRMP) since approximately 95 of the catch of the CRFF is taken in the GBRMP DPIampF notes that it is committed to protecting the values of the Park and that line fishing gear has negligible impacts on benthic communities DEWHA believes that the CRFF Management Plan together with increased area closures in the Park under the Representative Areas Program and the implementation of recommendations made in this assessment will provide adequate protection for the World Heritage Values of the GBRMP The implementation of recommendations and other commitments made by DPIampF in the submission will be monitored and reviewed as part of the next DEWHA review of the fishery in three years time

Ministerial decision

The management arrangements for the Coral Reef Finfish Fishery meet the requirements of Part 13 of the EPBC Act Accreditation of the management arrangements will ensure that individual fishers operating in accordance with the management arrangements are not required to seek permits in relation to interactions with protected species in Commonwealth waters

218

Performance against the Australian Government Guidelines for the Ecologically Sustainable Management of Fisheries is adequate however there are a number of issues that need to be addressed to contain environmental risks in the longer term Hence I propose to declare the fishery an approved Wildlife Trade Operation (WTO) under Part 13A of the EPBC Act This declaration would allow the export of product from the fishery for the next three years The declaration subject to the conditions and recommendations below Conditions Conditions on the approved wildlife trade operation declaration for the Coral Reef Finfish Fishery

1 Operation of the fishery will be carried out in accordance with the Fisheries (Coral Reef Fin Fish) Management Plan 2003 in force under the Queensland Fisheries Act 1994 and the Queensland Fisheries Regulation 1995

2 DPIampF will inform the Department of the Environment and Heritage (DEWHA) of any intended amendments to the Coral Reef Finfish Fishery management regime that may affect the sustainability of the target species or negatively impact on bycatch protected species or the ecosystem

3 Reports to be produced and presented to DEWHA annually and to include

bull information sufficient to allow assessment of the progress of DPIampF in implementing the recommendations made in the Assessment of the Coral Reef Finfish Fishery

bull a description of the status of the fishery and catch and effort information

bull a statement of the performance of the fishery against objectives performance indicators and measures once developed and

bull research undertaken or completed relevant to the fishery Recommendations

1 DPIampF to inform DEWHA of any intended amendments to the management arrangements that may affect sustainability of the target species or negatively impact on bycatch protected species or the ecosystem

2 From 2006 DPIampF to report publicly on the status of the CRFF on an annual basis including explicitly reporting against each performance measure

3 DPIampF to reassess the review events in the Fisheries (Coral Reef Fin Fish) Management Plan 2003 to ensure their appropriateness that they are quantitative where possible and they are consistent with the application of operational objectives for the fishery By December 2006 DPIampF is to establish revised objectives performance measures and indicators for bycatch protected species and impacts on the ecosystem

4 DPIampF to monitor the status of the fishery in relation to the review events and performance measures Within three months of becoming aware that a review

Appendix A 219

event has been triggered DPIampF to finalise a clear timetable for the implementation of appropriate management responses

5 DPIampF to complete a compliance risk assessment for the CRFF by mid 2006 and implement a risk-based compliance strategy by December 2006 taking into account risks associated with non-compliance with

bull catch possession size and gear limits bull reporting of protected species interactions bull area and fishery closures and bull quota limits

6 DPIampF to implement a program to validate logbook data by June 2006 DPIampF to ensure that the program enables collection of information on the composition of lsquoother coral reef fin fishrsquo sufficient for DPIampF to monitor and respond to changes in the composition of this group

7 By end 2006 DPIampF to develop a robust and regular fishery assessment process that provides a basis for management decisions which are precautionary and recognise the uncertainty and level of risk The assessment process will examine the ecological sustainability of the take of Coral trout (Plectropomus leopardus) and Red-throat emperor (Lethrinus miniatus) using robust stock assessments

8 Within 18 months DPIampF to undertake a risk assessment to identify lsquoother coral reef finfishrsquo most at risk from the fishery Actions seeking to reduce risk to be implemented as appropriate within a further 12 months

9 DPIampF to develop a process to improve estimates of recreational take and factor this into stock assessments and management controls to ensure overall catch levels are sustainable

10 DPIampF to reassess the appropriateness of the total allowable commercial catches for the main target species and lsquoother coral reef finfishrsquo taking into account the outcomes of the stock and risk assessments for CRFF species by end 2007

11 DPIampF to review current management arrangements and ensure that adequate protection is being given to spawning stocks of the main target species

12 DPIampF to use the results of stock and risk assessments and research projects to review the need for specific bycatch management measures and introduce effective and appropriate methods to reduce bycatch or increase survivability as needed

13 DPIampF to continue to work with industry and other management agencies to reduce the impact of the CRFF on the broader ecosystem including impacts relating to anchoring

220

South Australian fisheries bull 3Abalone Fishery bull 3Beach-cast Seagrass and Marine

Algae Fishery bull 3Blue Crab Fishery bull 3Giant Crab Fishery bull 3Lakes and Coorong Fishery bull 3Marine Scalefish Fishery bull 3Pilchard Fishery

bull 3Prawn Trawl Fisheries bull 3Rock Lobster (Jasus edwardsii)

Fishery bull 3Scallop and Turbo Fishery bull 3Seahorse Marine Services bull 3Sea Urchin Fishery bull 3Specimen Shell Fishery

SA PIRSA submissions to DEWHA

The submissions to DEWHA addressed the EPBC principles and objectives (ecological and included economic social and governance components)

The SA Lakes and Coorong 3 Fishery an example Part 1 provides a summary and details of the SA PIRSA agency submission on ecological sustainability to DEWHA Part 2 provides summary information of DEWHA assessment of the fishery and the Ministerial decision conditions and recommendations

Part 1 SA PIRSA submission to DEWHA (September 2005) Submission for the purposes of the wildlife trade provisions of Part 13A of the EPBC Act The following information is from the report Ecological Assessment of the South Australian Lakes and Coorong Fishery Assessment Report Prepared for the Australian Government Department of Environment and Heritage against the Guidelines for the Ecologically Sustainable Management of Fisheries For the purposes of Part 13(A) of the Environment Protection and Biodiversity Conservation Act 1999 5 September 2005 Other relevant information that is included is sourced from the SA (PIRSA) fisheries web documents and in each case source references are provided

A summary of the SA (PIRSA) submission to DEWHA is provided in the table below and then in more detail under the same headings This is followed by other SA (PIRSA) supporting documents and reports and references for this section Legislation International United Nations Convention on the Law of the Sea

1982 Ramsar Convention

Commonwealth legislation Environmental Protection and Biodiversity Conservation (EPBC) Act 1999

State legislation The Fisheries Act 1982 insofar as this Act applies to the River Murray seeking to further the objects of the River Murray Act 2003 and the objectives of a healthy

Appendix A 221

River Murray under that Act Review of fisheries Act Fisheries (Scheme of Management ndash Lakes and Coorong Fishery) Regulations 1991 Fisheries (General) Regulations 2000 Fisheries (Management Committees) Regulations 1995

Management Management plans and regulations Draft Management Plan for the South Australian

Lakes and Coorong Fishery 2005-2010 (July 2005)

Codes of practice FRDC project( June 2007) development of a code of practice for mitigation of bycatch

Harvest strategies Inputoutput controls

Spatial management Spatial and temporal closures

Assessment

Stock assessment Target sp Full stock assessment status report or literature review

EIS No

Risk assessment Planned for non target species Economic components Economic flow of benefits to broader community

Social components Maintain equitable access recreational fishers and indigenous communities

Governance Cost-effective and participative governance of the fishery

Monitoring and performance Monitoring A strategic monitoring plan developed

Performance indicators and trigger points Target ecosystems economic and social governance objectives indicators and reference points and triggers

Observer program No

Reporting Fishers Fishers logbook program which requires all

commercial fishers to compulsorily record daily information on catch and effort levels and other details on daily fishing operations This information is submitted monthly and entered into a database which is managed by SARDI

PIRSA Status reports and literature reviews Research

Research Strategic research and monitoring plan with priorities updated annually

Consultation

The Fisheries (Management Committees) Regulations 1995 outline a set of co-management principles and establish a number of Fisheries Management Committees (FMCs)

222

SA (PIRSA) submission to DEWHA in more detail

Legislation Acts bull United Nations Convention on the Law of the Sea 1982 bull Ramsar Convention (1971) bull Environmental Protection and Biodiversity Conservation (EPBC) Act 1999 bull The Fisheries Act 1982 insofar as this Act applies to the River Murray seeking

to further the objects of the River bull Murray Act 2003 and the objectives of a healthy River Murray under that Act bull Review of fisheries Act bull Fisheries (Scheme of Management ndash Lakes and Coorong Fishery) Regulations

1991 bull Fisheries (General) Regulations 2000 and bull Fisheries (Management Committees) Regulations 1995

Management

Plans and regulations

Draft Management Plan for the South Australian Lakes and Coorong Fishery 2005-2010 (July 2005) Plan to be reviewed in 2009

The regulations that govern the management of the Lakes and Coorong Fishery are the Fisheries (Scheme of Management ndash Lakes and Coorong Fishery) Regulations 1991 and the Fisheries (General) Regulations 2000 The Fisheries (Management Committees) Regulations 1995 (the FMC regulations) provide the legal basis for the preparation of the management plan The report serves as the first step in the process to have key species taken from the waters of the South Australian Lakes and Coorong fishery placed on the list of exempt native species for export under Part 13(A) of the EPBC Act The entire catchment spans across four state management jurisdictions and has been significantly modified since European settlement because of its importance in supporting human existence and industrial development The fishery includes area of the waters of three separate but closely linked freshwater estuarine and marine ecosystem components A range of stakeholder values are attached to the fishery which include commercial recreational indigenous and conservation interests The fishery operates within a very dynamic ecosystem which is influenced by high natural variation in river flooding and periods of extended drought This presents challenges to management with respect to matching total harvesting capacity and exploitation rates with annual changes in fish stock abundance particularly during extended periods of drought Thirty-seven commercial fishers target a diversity of native and exotic finfish species throughout the fishery predominantly using mesh nets and rakes traps set line razor fish tongs spear electro-fishing gear

Appendix A 223

The commercial fishery is managed using a complex mix of input and output controls aimed at matching harvest capacity with resource availability and controlling growth in aggregated harvesting capacity The Management Plan aims to provide a foundation for the fishery to continue moving towards a more integrated ecosystem-based approach to management The first step in this process is to integrate environmental management principles with conventional species and gear based fisheries management This will ensure that management decision-making incorporates critical environmental factors such as the timing and volume of freshwater flows barriers to fish passage and Murray Mouth opening There has been a long standing informal ecosystem-based approach to management of the fishery which is underpinned by the capacity commercial fishers have to transfer effort between a diversity of species in the marine estuarine and freshwater ecosystem components of the fishery These unique characteristics allow commercial fishers the necessary individual flexibility to respond to inter and intra-annual variations in overall ecosystem health and fish stock abundance or to changes in the market In addition a range of flexible management measures can be introduced in response to fish stock declines or significant environmental disturbances such as extended periods of drought low freshwater flow or closure of the River Murray Mouth The Management Plan aims to achieve outcomes that are consistent with broader Government objectives for the management of the Lakes and Coorong region Other important policy drivers that have been taken into account in the development of this Management Plan are

bull The National Strategy for Ecologically Sustainable Development bull The Precautionary Principle as set out in the Intergovernmental Agreement on

the Environment bull The Australian Government lsquoGuidelines for the Ecologically Sustainable

Management of Fisheriesrsquo which relate to the requirements of the Environment Protection and Biodiversity Conservation Act 1999

bull Native Fish Strategy for the Murray-Darling-Basin 2003-2013 bull The National Policy on Fisheries By-catch bull The Coorong and Lakes Alexandrina and Albert Ramsar Management Plan and bull The Coorong National Park Management Plan

The objectives and strategies of the Lakes and Coorong Fishery Management Plan have been developed to take the management framework and objectives provided by the Ramsar Management Plan into account Goals of sustainable harvest minimising fishery impacts on the ecosystem collection of biological environmental and ecological information equitable access participative governance and the concept of lsquowise usersquo are pursued through the objectives and management strategies of the Lakes and Coorong Fishery Management Plan Acknowledging that the commercial exploitation of fish is permitted inside a national park the objectives of the National Park Management Plan have been taken into account in the development of the harvest strategy for the Lakes and Coorong Fishery to achieve where possible complementarity between management of the fishery and the Coorong National Park

224

While the Management Plan aims to provide a firm basis for the long-term sustainability of the fisheries resources of the lower Murray lakes and Coorong region it does not aim to return the ecosystem to its original unmodified state To do this would require substantial reengineering of the water flow management system along the entire length of the River Murray system which is beyond the scope of the Management Plan The Management Plan provides direction and strong support for a range of Government industry and community based programs aimed at habitat restoration (eg barrage fish passage-ways)

Codes of practice

FRDC project (to be completed in June 2007) development of a code of practice for mitigation of bycatch

Co-management arrangements

Section 46 of the Fisheries Act establishes a set of regulation-making powers to formalise a co-management process for fisheries management in South Australia The Fisheries (Management Committees) Regulations 1995 outline a set of co-management principles and establish a number of Fisheries Management Committees (FMCs) for key fisheries or groups of fisheries including the Inland FMC The Fisheries Act requires that the Minister the Director of Fisheries and the FMCs to operate in accordance with the principal objectives outlined in the Fisheries Act The FMC regulations assign responsibility for the preparation of management plans to individual FMCs The necessary tasks required to complete management plans are undertaken by PIRSA Fisheries Key stakeholder and community input to the development of management arrangements and strategic research and monitoring priorities for the Lakes and Coorong Fishery are facilitated through the Inland FMC process and during public consultation on draft management plans A review of the Fisheries Act is currently being undertaken which may result in changes to broader FMC membership structure and operation In the interim agreement has been reached to broaden the membership of the Inland FMC to more accurately reflect stakeholder group interests and move towards a more community-based approach to management This involves participation by members of the indigenous community and non-Government conservation groups Increased participation of representatives from the South Australian Department of Environment and Heritage (National Parks) through FMC processes has started to more closely link natural resource management decision-making across Government agencies The Inland FMC is required to produce an annual report to he Minister and to hold a public meeting each year to provide an opportunity for the FMC to publicly report on its yearly activities and allow for members of the broader community to discuss relevant issues with FMC members Observers are welcome to attend meetings with agreement from the chairperson The operating costs of the Inland FMC are currently

Appendix A 225

funded through a combination of fees paid by commercial fishery licence holders and Government funds The Inland FMC meets approximately four to six times per year

Harvest strategies

The harvest strategy for the fishery aims to provide a strategic framework to guide annual decision-making on harvesting rates for all sectors of the fishery In a practical sense the harvest strategy describes the linkages between management objectives strategies performance indicators reference points management triggers and agreed management actions to be introduced upon reaching reference points or triggers The harvest strategy also describes how fishery data should be collected how the data should be analysed and how the results of data analyses should be interpreted and used to determine management actions A formal harvest strategy strengthens the link between annual fishery stock assessment processes and management decision-making

The harvest strategy framework integrates a set of basic environmental management principles into the day-to-day management of the fishery to ensure that management decision making incorporates critical environmental factors such as the timing and volume of freshwater flows barriers to fish passage and river mouth opening This approach aims to ensure that fundamental environmental processes are maintained or where necessary restored to maximise benefits for fish stocks Under this integrated approach instead of simply measuring the performance of individual fish stocks against management objectives critical environmental drivers will be explicitly taken into account when assessing the overall health of the fishery and in decision-making processes If water flow rates or other key environmental parameters fall outside of reference levels in any given period the Management Plan will require a management response to be initiated to ensure fish stocks are not left unmanaged during periods of low ecosystem health such as extended periods of drought or low water flow

Spatial management

A number of spatial and temporal closures have been introduced for the recreational sector of the Lakes and Coorong Fishery primarily to ensure sustainability of fish stocks Some closures are consistent with those in place for the commercial sector These closures are usually focused on a given species but may be explicitly linked to a restriction on the use of a particular fishing method Similar to the current set of gear restrictions a series of spatial and temporal closures have been introduced which are in many cases explicitly linked to a restriction on the use of a particular fishing method Closures are used to restrict catch levels to protect fish stocks during specific stages of their life cycle or to reduce gear conflict between the commercial and recreational sectors

226

Assessment

Stock assessment Target There is a robust assessment of the dynamics and status of the speciesfishery and periodic review of the process and the data collected Assessment should include a process to identify any reduction in biological diversity andor reproductive capacity Review should take place at regular intervals but at least every three years

History of Assessment and Review Goolwa cockles an example Year of assessment Type of assessment Reference 1976 Fishery biology of Goolwa cockles along the

Coorong beach fishery independent survey of size composition of stock reproductive biology

King 1976

1999 Commercial catch and effort trends to 199798 CPUE relatively poor indicator of stock abundance Stock fully exploited

Pierce and Doonan 1999

2003 Review biology of species Analysis of commercial catch effort and CPUE data from LampCF and MSF fisheries to 200102

Murray Jones and Johnson 2003

200001 NRIFS survey harvested and released numbers of Goolwa cockles harvested by recreational fishers during May 2000 ndash April 2001

Jones and Doonan 2005

Overall fishery Year of assessment Type of assessment Reference 1846 ndash 198384 Review of history of commercial Olsen (1991) harvest in the LampCF fishery pre- and post barrages 198485 ndash 199798 Pierce and Doonan 1999

Review of commercial catch and effort by gear type

198485 ndash 200203 Review of fishery in Management Sloan 2005 Plan The strategic research and monitoring program outlines the current staged approach to establishing stock assessment and stock status information for all commercially and recreationally important species in the Lakes and Coorong Fishery Species to which a high priority has been assigned will have a full stock assessment report produced at least every two to three years Lower priority species will have a full stock assessment report produced every three years In years when full stock assessment reports are not produced stock status reports will be produced These status reports will provide a brief assessment of fish stocks as measured by stock performance against established management objectives and reference values outlined in this Management Plan

Byproduct

Appendix A 227

The total catches of target and byproduct species harvested by commercial fishers in the Lakes and Coorong Fishery Marine Scalefish Fishery and Rock Lobster Fisheries in 200001 Species harvested predominantly as byproduct species (marked ldquoBPrdquo) for the lagoon and ocean components of the fishery include Australian salmon sharks (bronze whalers and gummy) rays school whiting trevally garfish snapper and other unnamed species By-product species for the lakes fishery include yabbies Murray cod and other un-named species Fishers report either single target species or multiple target species on the catch and effort forms

Bycatch Currently there are no estimates available of the size of bycatch from any of the commercial sectors nor the harvest and bycatch by indigenous fishers The SARDI bycatch project (funded by FRDC) commencing in 200506 will develop potential performance indicators and reference points related to bycatch of the main fishing gear used in the Coorong lagoons The management plan makes a commitment to develop and implement a bycatch action plan for the fishery by 2006 TEP Under South Australian legislation all marine mammals and sea birds are protected under the National Parks and Wildlife Act 1972 and are listed as endangered vulnerable or rare The vulnerability of non-target species and regulated undersized species to current fishing operations will be assessed following a study of the interactions between current fishing operations and non-target species including endangered threatened and protected species The study will allow for a risk assessment to be undertaken and provide a basis for future consideration of the need for management actions to address non-target species sustainability

Habitat The water-bird habitats of this region were designated as wetland habitats of international importance under the Ramsar convention in 1985 and in 2000 the ldquoCoorong and Lakes Alexandrina and Albert Ramsar Management Planrdquo was prepared Ecosystems The Coorong beach ecosystem This ocean beach ecosystem of sand substrate is a highly dynamic one with strong long-shore drift medium tidal amplitude and strong oceanic ground swells (Bryars 2003) Both the benthic and open water communities associated with this ecosystem are mainly mobile (eg patches of D deltoides are mobile Murray-Jones and Johnson 2003) and so the impact of fishing gear on these communities is believed to be minimal Coorong Lagoon and Estuary Ecosystem All fishery habitats found within the Coorong lagoon are regarded as threatened (Bryars 2003) The lagoon has been separated into two ecosystems a) the estuarine river adjacent to the seaward side of the barrages and b) the lagoon south of the estuarine river For the estuarine river ecosystem major threats are due to

228

bull Increased levels of nutrients caused by agricultural runoff from Murray River catchment

bull Decreased freshwater flow caused by abstraction from Murray River catchment bull Altered patterns of freshwater flow caused by locks and barrages bull Increased sediment caused by lack of flow and bull Decreased tidal flows caused by increased sedimentation inside the Murray

Mouth (Bryars 2003)

For the Coorong lagoon ecosystem major threats are due to

bull Decreased tidal flows caused by sedimentation and closure of the Murray mouth and

bull Decreased freshwater flows caused by abstraction from the River Murray catchment (Bryars 2003)

These threats to the communities within the lagoon have been highlighted through the closure of the Murray mouth in 1982 and more recently in 2003 Effects of these threatening issues and implications to the fishery and the sustainability of the fish stocks include the diminution of optimum habitat for several of the estuary dependent species (ie lower salinities for mulloway flounder and black bream) With diminished flows through the barrages there is a risk that a significant proportion of the populations of these species occurring in the Coorong Lagoon will aggregate in the vicinity of water of the lower salinity (ie adjacent to the barrages) thus increasing their vulnerability to targeted fishing

Lakes Alexandrina and Albert Ecosystem The construction of the barrages converted this area of the Lakes and Coorong Fishery from one of the most extensive estuaries along the southern Australian coast to largely freshwater lakes with minimal variation in lake level (Reynolds 1976) This has resulted in significant changes to the fish community structure as well as the bottom and open water communities Additionally a number of exotic pest species have been introduced to this ecosystem again influencing the community structure and associated trophic dynamics

Risk assessment

Bycatch A research program to assess the composition and magnitude of retained and discarded catches and rates of capture of retained and discarded species in the main types of gear used by commercial and recreational fishers in the Coorong lagoons in order to establish a risk assessment framework for bycatch management was commenced in 2005 TEP The vulnerability of non-target species and regulated undersized species to current fishing operations will be assessed following a study of the interactions between current fishing operations and non-target species including endangered threatened and

Appendix A 229

protected species The study will allow for a risk assessment to be undertaken and provide a basis for future consideration of the need for management actions to address non-target species sustainability

Economic social and governance issues

See indicators and trigger points below

Monitoring and performance

Monitoring

The Lakes and Coorong Fishery can be classified as a data poor fishery with only limited quantitative information available to managers during annual decision-making processes A strategic research and monitoring plan has been developed as part of the fishery management plan The primary focus of the strategic research and monitoring plan is to increase the amount of quantitative information available for management of the fishery This plan aims to ensure that all research and stock assessment undertaken in the Lakes and Coorong Fishery is carried out to address established management priorities and information gaps

Performance indicators and trigger points

The following management goals aim to address key challenges facing the fishery and take into account key policy drivers such as the lsquoprinciples of ecologically sustainable developmentrsquo the lsquoprecautionary principlersquo the lsquoguidelines for the ecologically sustainable management of fisheriesrsquo set out in the Australian Government Environment Protection and Biodiversity Conservation Act 1999 the National Policy on Fisheries Bycatch the Coorong National Park Management Plan the Coorong and Lakes Alexandrina and Albert Ramsar Management Plan and the Murray-Darling Basin Commission Native Fish Strategy

A series of objectives have been established to ensure management goals are actively pursued

Goal 1Sustainable harvesting of fisheries resources a Fishing is conducted at a level that maintains ecologically viable stock levels and

protects fish stocks from overfishing b Sufficient biological and environmental information is collected and analysed to

make informed management decisions and c For fish stocks that are determined to be operating outside of established reference

levels the fishery will be managed to promote recovery to ecologically viable stock levels within agreed timeframes

Goal 2 Optimum utilisation and equitable distribution of fisheries resources within the constraints of sustainability imperatives

230

a Maintain a flow of economic benefit from the fishery to the broader community through the wise use of Lakes and Coorong fisheries resources

b Maintain equitable public access and recreational fishing opportunities c Provide opportunities for indigenous communities to access fish stocks for traditional

purposes d Maintain equitable levels of commercial access and the regional development nature

of the commercial fishery and e Sufficient economic information exists to make informed management decisions Goal 3 Minimise impacts on the structure productivity function and biological

diversity of the ecosystem a Monitor any external impacts on fish stocks associated with broader environmental

or ecosystem health b Minimise fishery impacts on bycatch species and the ecosystem c Avoid the incidental mortality of endangered threatened and protected species d Reduce the population size and ecological impact of non-native fish species Goal 4 Cost-effective and participative governance of the fishery a Promote cost-effective and efficient management of the fishery b Have regard to the range of social cultural and wider community values attached to

the fishery and c Promote compliance with management controls

App

endi

x A

231

Man

agem

ent O

bjec

tives

M

anag

emen

t Str

ateg

ies

Perf

orm

ance

Indi

cato

rs

Res

pons

ibili

ty

Sche

dule

R

efer

ence

Poi

nts

Tri

gger

s

Goa

l 1 S

usta

inab

le h

arve

stin

g of

fish

erie

s res

ourc

es

1 R

estri

ct to

tal c

atch

and

eff

ort i

n

1 T

otal

ann

ual c

omm

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al c

atch

PI

RSA

A

nnua

l 1

The

ann

ual t

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com

mer

cial

th

e fis

hery

fo

r eac

h ke

y sp

ecie

s

ca

tch

(all

sect

ors)

is a

bove

or

be

low

the

uppe

r or l

ower

2

Res

trict

the

num

ber o

f 2

Tot

al a

nnua

l com

mer

cial

fish

ing

PI

RSA

A

nnua

l re

fere

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valu

es fo

r eac

h ke

y

com

mer

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fish

ing

licen

ces i

n

effo

rt le

vel f

or e

ach

fishi

ng

sp

ecie

s

the

fishe

ry to

no

mor

e th

an 3

7

met

hod

in e

ach

area

of t

he

fis

hery

2 T

here

is a

gre

ater

than

25

3

Res

trict

the

fishi

ng m

etho

ds th

at

chan

ge b

etw

een

year

s in

the

m

ay b

e us

ed in

the

com

mer

cial

3

The

tota

l num

ber o

f act

ive

PI

RSA

A

nnua

l to

tal t

arge

t com

mer

cial

fish

ing

an

d re

crea

tiona

l sec

tors

co

mm

erci

al fi

shin

g lic

ence

s

effo

rt le

vel f

or a

ny fi

shin

g

op

erat

ing

in th

e fis

hery

met

hod

in e

ach

area

of t

he

4 R

estri

ct th

e am

ount

of f

ishi

ng

fishe

ry

gear

that

may

be

used

in th

e

4 T

otal

ann

ual c

omm

erci

al c

atch

PI

RSA

A

nnua

l

com

mer

cial

and

recr

eatio

nal

per u

nit e

ffor

t (C

PUE)

for e

ach

3 A

nnua

l ave

rage

com

mer

cial

se

ctor

s

key

spec

ies

CPU

E fo

r eac

h ke

y sp

ecie

s is

ab

ove

or b

elow

the

uppe

r or

5 R

estri

ct c

omm

erci

al a

nd

5 A

nnua

l com

mer

cial

cat

ch

PIR

SA

Ann

ual

low

er re

fere

nce

valu

es

re

crea

tiona

l fis

hing

in c

erta

in

com

posi

tion

ar

eas a

t cer

tain

tim

es to

pro

tect

4

The

rate

of c

hang

e in

the

annu

al

key

spec

ies d

urin

g cr

itica

l sta

ges

6 A

ges

ize

com

posi

tion

of k

ey

PIR

SA

In p

erio

dic

stoc

k

tota

l cat

ch o

f eac

h ke

y sp

ecie

s of

thei

r life

cyc

le

spec

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opul

atio

ns

asse

ssm

ent

(ove

r a th

ree

to fo

ur y

ear

6 R

estri

ct th

e m

inim

um a

ndo

r 7

Ann

ual p

re-r

ecru

it ab

unda

nce

of

PIR

SA

In p

erio

dic

stoc

k

perio

d) is

gre

ater

than

(plusmn) t

he re

fere

nce

valu

e

m

axim

um si

ze a

t whi

ch fi

sh

key

spec

ies

as

sess

men

t

may

be

capt

ured

5

The

rate

of c

hang

e in

the

annu

al

8

Est

imat

ed to

tal a

nnua

l PI

RSA

In

per

iodi

c re

crea

tiona

l to

tal a

vera

ge C

PUE

for e

ach

7

Mai

ntai

n a

capa

city

for

recr

eatio

nal c

atch

of k

ey

surv

eys

ke

y sp

ecie

s (ov

er a

thre

e to

four

co

mm

erci

al fi

sher

s to

trans

fer

harv

estin

g ef

fort

betw

een

sp

ecie

s

ye

ar p

erio

d) is

gre

ater

than

(plusmn) t

he

refe

renc

e va

lue

and

betw

een

ecos

yste

m

co

mpo

nent

s in

the

fishe

ry

a F

ishi

ng is

con

duct

ed a

t a le

vel

that

mai

ntai

ns e

colo

gica

lly

viab

le st

ock

leve

ls a

nd p

rote

cts

fish

stoc

ks fr

om o

verf

ishi

ng

with

in a

nd b

etw

een

year

s

232

Man

agem

ent O

bjec

tives

M

anag

emen

t Str

ateg

ies

Perf

orm

ance

Indi

cato

rs

Res

pons

ibili

ty

Sche

dule

R

efer

ence

Poi

nts

Tri

gger

s

Goa

l 1 S

usta

inab

le h

arve

stin

g of

fish

erie

s res

ourc

es

a F

ishi

ng is

con

duct

ed a

t a le

vel

that

mai

ntai

ns e

colo

gica

lly

viab

le st

ock

leve

ls a

nd p

rote

cts

fish

stoc

ks fr

om o

verf

ishi

ng

8 D

evel

op fi

shin

g m

etho

ds to

m

inim

ise

inci

dent

al m

orta

lity

of

unde

rsiz

ed c

atch

es a

ssoc

iate

d

with

com

mer

cial

and

re

crea

tiona

l fis

hing

ope

ratio

ns

9 D

evel

op m

anag

emen

t stra

tegi

es

to m

inim

ise

inci

dent

al fi

sher

y

inte

ract

ions

with

und

ersi

zed

fis

h

10R

estri

ct th

e qu

antit

y of

eac

h

spec

ies t

hat m

ay b

e ha

rves

ted

by

the

recr

eatio

nal s

ecto

r usi

ng b

ag

and

boat

lim

its a

nd p

osse

ssio

n

limits

11

Red

uce

late

nt e

ffor

t in

othe

r So

uth

Aus

tralia

n co

mm

erci

al

fishe

ries

whi

ch c

ould

thre

aten

fu

ture

sust

aina

bilit

y of

key

sp

ecie

s in

the

Lake

s and

C

ooro

ng F

ishe

ry

12E

xerc

ise

a pr

ecau

tiona

ry

appr

oach

to m

anag

emen

t

shou

ld se

rious

or i

rrev

ersi

ble

th

reat

s to

fish

stoc

ks o

r the

w

ider

eco

syst

em b

ecom

e

appa

rent

ndash p

artic

ular

ly d

urin

g

perio

ds o

f ext

ende

d dr

ough

t

13D

evel

op a

pac

kage

of

man

agem

ent m

easu

res t

o co

ntro

l th

e ta

rget

ed h

arve

st o

f bla

ck

brea

m in

rela

tion

to fr

esh

wat

er

outfl

ows

9 T

he le

vel o

f lat

ent e

ffor

t in

othe

r So

uth

Aus

tralia

n co

mm

erci

al

fishe

ries t

hat i

mpa

ct o

n th

e

Lake

s and

Coo

rong

Fis

hery

PIR

SA F

ishe

ries a

nd In

land

FM

C

Ann

ual

6 T

here

is a

gre

ater

than

50

ch

ange

ove

r a fo

ur y

ear p

erio

d

in th

e to

tal c

omm

erci

al fi

shin

g

effo

rt le

vel f

or a

ny fi

shin

g

met

hod

in e

ach

of th

e fo

ur a

reas

of

the

fishe

ry

7 A

sign

ifica

nt c

hang

e in

the

sp

ecie

s com

posi

tion

of th

e

com

mer

cial

cat

ch b

etw

een

ye

ars

8

A si

gnifi

cant

redu

ctio

n in

the

ab

unda

nce

of p

re-r

ecru

its fo

r ke

y sp

ecie

s

9 L

aten

t eff

ort l

evel

s in

othe

r So

uth

Aus

tralia

n co

mm

erci

al

fishe

ries i

mpa

ctin

g on

the

Lake

s an

d C

ooro

ng F

ishe

ry a

re n

ot

redu

ced

belo

w 2

004

leve

ls

durin

g th

e lif

e of

this

M

anag

emen

t Pla

n

10 S

urve

ys in

dica

te re

crea

tiona

l ca

tch

and

effo

rt le

vels

are

hi

gher

than

the

leve

ls id

entif

ied

in

the

2001

Nat

iona

l R

ecre

atio

nal a

nd In

dige

nous

Fi

shin

g Su

rvey

(Hen

ry a

nd L

yle

2003

)

App

endi

x A

233

Man

agem

ent O

bjec

tives

M

anag

emen

t Str

ateg

ies

Perf

orm

ance

Indi

cato

rs

Res

pons

ibili

ty

Sche

dule

R

efer

ence

Poi

nts

Tri

gger

s

Goa

l 1 S

usta

inab

le h

arve

stin

g of

fish

erie

s res

ourc

es

1 E

stab

lish

base

line

biol

ogic

al

3 A

vaila

bilit

y of

bas

elin

e

Inla

nd F

MC

amp P

IRSA

A

nnua

l 1

Bas

elin

e bi

olog

ical

info

rmat

ion

in

form

atio

n fo

r all

key

spec

ies

bi

olog

ical

info

rmat

ion

for a

ll

is

not

ava

ilabl

e fo

r all

key

key

spec

ies

spec

ies

in li

ne w

ith ti

mef

ram

es

2 M

onito

r the

per

form

ance

of k

ey

set o

ut in

the

stra

tegi

c re

sear

ch

spec

ies p

opul

atio

ns t

hrou

gh th

e

4 P

rodu

ctio

n of

stoc

k as

sess

men

t an

d m

onito

ring

plan

pr

oduc

tion

of in

depe

nden

t re

ports

or s

tatu

s rep

orts

to

Inla

nd F

MC

amp P

IRSA

A

nnua

l in

line

with

stra

tegi

c pl

an

sc

ient

ific

stoc

k as

sess

men

t and

in

form

man

agem

ent

2 S

tock

ass

essm

ent r

epor

ts a

nd

stat

us re

ports

st

atus

repo

rts a

re n

ot p

rodu

ced

5 A

nnua

l upd

ate

of th

e st

rate

gic

In

land

FM

C

Ann

ually

upd

ated

in

line

with

the

stra

tegi

c

3 R

evie

w a

nd u

pdat

e th

e st

rate

gic

re

sear

ch a

nd m

onito

ring

plan

rese

arch

and

mon

itorin

g st

rate

gy

rese

arch

and

mon

itorin

g st

rate

gy

an

nual

ly t

o en

sure

that

rese

arch

6

Per

iodi

c re

view

and

upd

ate

of

Inla

nd F

MC

PIR

SA F

ishe

ries amp

3

Stra

tegi

c re

sear

ch a

nd

prog

ram

s add

ress

man

agem

ent

the

com

mer

cial

logb

ook

PI

RSA

A

t lea

st e

very

five

m

onito

ring

stra

tegy

is n

ot

prio

ritie

s

ye

ars

upda

ted

annu

ally

7 S

cope

of i

ndus

try-

base

d ca

tch

4

Per

iodi

cally

revi

ew a

nd u

pdat

e

sam

plin

g pr

ogra

ms f

or a

ll

Inla

nd F

MC

amp P

IRSA

A

nnua

l

the

info

rmat

ion

colle

cted

se

ctor

s

thro

ugh

com

mer

cial

fish

ing

logb

ooks

8

Sco

pe o

f fis

hery

-inde

pend

ent

m

onito

ring

PI

RSA

amp In

land

FM

C

Ann

ual

5

Dev

elop

an

indu

stry

-bas

ed c

atch

sam

plin

g pr

ogra

m fo

r all

user

9

Ava

ilabi

lity

of in

form

atio

n on

gr

oups

- to

col

lect

bio

logi

cal

recr

eatio

nal c

atch

and

eff

ort

PI

RSA

A

nnua

l

info

rmat

ion

on k

ey sp

ecie

s

6 E

xplo

re th

e co

sts a

nd b

enef

its o

f

deve

lopi

ng a

fish

ery-

inde

pend

ent m

onito

ring

prog

ram

7 E

xplo

re o

ptio

ns to

mon

itor

recr

eatio

nal c

atch

and

eff

ort

b S

uffic

ient

bio

logi

cal a

nd

envi

ronm

enta

l inf

orm

atio

n is

co

llect

ed a

nd a

naly

sed

to m

ake

in

form

ed m

anag

emen

t de

cisi

ons

leve

ls a

nd im

plem

ent d

ata

234

co

llect

ion

syst

ems

whe

n av

aila

ble

M

anag

emen

t Obj

ectiv

es

Man

agem

ent S

trat

egie

s Pe

rfor

man

ce In

dica

tors

R

espo

nsib

ility

Sc

hedu

le

Ref

eren

ce P

oint

sT

rigg

ers

Goa

l 1 S

usta

inab

le h

arve

stin

g of

fish

erie

s res

ourc

es

1 U

nder

take

inve

stig

atio

n of

1

A fu

ll in

vest

igat

ion

of th

e

Inla

nd F

MC

Ann

ual

1 S

tock

reco

very

rate

s do

not

mee

t re

ason

s for

one

or m

ore

re

ason

s why

one

or m

ore

the

targ

ets i

dent

ified

in th

e

refe

renc

e va

lue

bein

g re

ache

d

refe

renc

e va

lue

has b

een

reco

very

pla

n

re

ache

d is

und

erta

ken

2

Whe

re p

erfo

rman

ce is

Im

med

iate

ly u

pon

advi

ce b

eing

co

nsid

ered

to b

e un

acce

ptab

le

form

ally

pro

vide

d to

the

FMC

re

view

exi

stin

g m

anag

emen

t

stra

tegi

es a

nd d

evel

op a

nd

2 A

stoc

k re

cove

ry p

lan

is

Inla

nd F

MC

A

nnua

l

impl

emen

t sto

ck re

cove

ry p

lans

de

velo

ped

with

in 4

mon

ths

fo

r ind

ivid

ual s

peci

es w

ith

incl

udin

g pr

opos

ed m

anag

emen

t

es

tabl

ishe

d tim

efra

mes

and

ac

tions

tim

efra

mes

and

targ

ets

targ

ets f

or st

ock

reco

very

fo

r sto

ck re

cove

ry

3

Rat

e of

stoc

k re

cove

ry r

elat

ive

c F

or fi

sh st

ocks

that

are

de

term

ined

to b

e op

erat

ing

ou

tsid

e of

est

ablis

hed

refe

renc

e

leve

ls t

he fi

sher

y w

ill b

e

man

aged

to p

rom

ote

reco

very

to

ecol

ogic

ally

via

ble

stoc

k le

vels

w

ithin

agr

eed

timef

ram

es

to

est

ablis

hed

targ

ets i

n re

cove

ry

plan

In

land

FM

C

Ann

ual

App

endi

x A

235

Man

agem

ent O

bjec

tives

M

anag

emen

t Str

ateg

ies

Perf

orm

ance

Indi

cato

rs

Res

pons

ibili

ty

Sche

dule

R

efer

ence

Poi

nts

Tri

gger

s

Goa

l 2 O

ptim

um u

tilis

atio

n an

d eq

uita

ble

dist

ribu

tion

of fi

sher

ies r

esou

rces

with

in th

e co

nstr

aint

s of s

usta

inab

ility

impe

rativ

es

a M

aint

ain

a flo

w o

f eco

nom

ic

bene

fit fr

om th

e fis

hery

to th

e br

oade

r com

mun

ity th

roug

h th

e w

ise

use

of L

akes

and

Coo

rong

fis

herie

s res

ourc

es

3 D

evel

op a

nd im

plem

ent

arra

ngem

ents

that

allo

w

com

mer

cial

ope

rato

rs to

max

imis

e op

erat

iona

l fle

xibi

lity

and

econ

omic

eff

icie

ncy

4

Dev

elop

and

impl

emen

t ar

rang

emen

ts th

at p

rom

ote

optim

um u

tilis

atio

n an

d m

inim

ise

was

te

5 M

aint

ain

mec

hani

sms t

o al

low

fo

r aut

onom

ous f

leet

adj

ustm

ent

(eg

lic

ence

am

alga

mat

ion

sche

me)

6 D

evel

op a

nd

impl

emen

t met

hods

to a

sses

s the

ec

onom

ic b

enef

its o

f alte

rnat

ive

harv

est s

trate

gies

7

Mon

itor i

nter

stat

e m

arke

t pric

es

for a

ll ke

y sp

ecie

s

4 T

rend

in G

ross

Val

ue o

f Pr

oduc

tion

(GV

P) o

f the

co

mm

erci

al fi

sher

y

5 T

rend

in m

arke

t pric

es fo

r key

sp

ecie

s 6

Tre

nd in

the

aver

age

annu

al

com

mer

cial

lice

nce

valu

e

7 T

rend

in a

nnua

l ret

urn

on

inve

stm

ent i

n th

e co

mm

erci

al

fishe

ry

8 T

rend

in a

nnua

l tot

al e

cono

mic

im

pact

of t

he c

omm

erci

al fi

sher

y

9 T

rend

in th

e nu

mbe

r of

com

mer

cial

fish

ing

licen

ses

10

Tre

nd in

the

amou

nt o

f co

mm

erci

al fi

shin

g ge

ar a

vaila

ble

to th

e fis

hery

PIR

SA v

ia E

cono

mic

Sur

vey

A

nnua

l PI

RSA

A

nnua

l P

IRSA

A

nnua

l PI

RSA

via

Eco

nom

ic S

urve

y

Ann

ual

PIR

SA v

ia E

cono

mic

Sur

vey

A

nnua

l PI

RSA

A

nnua

l PI

RSA

A

nnua

l

1 A

dec

reas

ing

trend

in a

nnua

l re

turn

on

inve

stm

ent o

ver a

thre

e ye

ar p

erio

d

236

Man

agem

ent O

bjec

tives

M

anag

emen

t Str

ateg

ies

Perf

orm

ance

Indi

cato

rs

Res

pons

ibili

ty

Sche

dule

R

efer

ence

Poi

nts

Tri

gger

s G

oal 2

Opt

imum

util

isat

ion

of fi

sher

ies r

esou

rces

with

in th

e co

nstr

aint

s of s

usta

inab

ility

impe

rativ

es

b M

aint

ain

equi

tabl

e pu

blic

acc

ess

and

recr

eatio

nal f

ishi

ng o

ppor

tuni

ties

1

Ens

ure

appr

opria

te re

crea

tiona

l bag

an

d bo

at li

mits

are

in p

lace

2

Dev

elop

and

impl

emen

t a p

rogr

am

to p

erio

dica

lly m

onito

r par

ticip

atio

n tre

nds i

n th

e re

crea

tiona

l sec

tor

3

Res

trict

com

mer

cial

and

re

crea

tiona

l fis

hing

at c

erta

in ti

mes

in

certa

in a

reas

4

Iden

tify

pote

ntia

l for

con

flict

be

twee

n m

arin

e re

sour

ce u

sers

and

de

velo

p st

rate

gies

to re

duce

con

flict

5

Exp

lore

the

deve

lopm

ent a

nd

impl

emen

tatio

n of

met

hods

to id

entif

y an

d ad

dres

s res

ourc

e al

loca

tion

disp

utes

bet

wee

n us

er g

roup

s

1 S

cope

of r

ecre

atio

nal a

cces

s and

re

crea

tiona

l fis

hing

opp

ortu

nitie

s

2 T

rend

in re

crea

tiona

l par

ticip

atio

n in

the

fishe

ry

3 S

cope

of p

olic

ies a

imed

at

addr

essi

ng a

lloca

tion

disp

utes

bet

wee

n us

er g

roup

s

PIR

SA I

nlan

d FM

C

Ann

ual

PIR

SA amp

Inla

nd F

MC

A

nnua

l PI

RSA

amp In

land

FM

C

Ann

ual

c P

rovi

de o

ppor

tuni

ties f

or in

dige

nous

co

mm

uniti

es to

acc

ess f

ish

stoc

ks fo

r tra

ditio

nal p

urpo

ses

1 A

llow

teac

hers

and

stud

ents

at

lsquoCam

p C

ooro

ngrsquo t

o ac

cess

fish

stoc

ks

usin

g tra

ditio

nal m

etho

ds fo

r ed

ucat

iona

l pur

pose

s

2 D

evel

op a

nd im

plem

ent a

long

er

term

stra

tegy

to p

rovi

de fo

r in

dige

nous

com

mun

ities

to a

cces

s fis

h st

ocks

for t

radi

tiona

l pur

pose

s

3 P

rovi

de fi

sher

ies m

anag

emen

t ad

vice

in re

latio

n to

reso

lutio

n of

na

tive

title

cla

ims

1 S

cope

of t

radi

tiona

l fis

hing

ac

tiviti

es

2 T

rend

in tr

aditi

onal

par

ticip

atio

n in

th

e fis

hery

PIR

SA F

ishe

ries

Ann

ual

PIR

SA

Ann

ual

App

endi

x A

237

Man

agem

ent O

bjec

tives

M

anag

emen

t Str

ateg

ies

Perf

orm

ance

Indi

cato

rs

Res

pons

ibili

ty

Sche

dule

R

efer

ence

Poi

nts

Tri

gger

s G

oal 2

Opt

imum

util

isat

ion

of fi

sher

ies r

esou

rces

with

in th

e co

nstr

aint

s of s

usta

inab

ility

impe

rativ

es

d M

aint

ain

equi

tabl

e le

vels

of

com

mer

cial

acc

ess a

nd th

e re

gion

al d

evel

opm

ent n

atur

e of

the

com

mer

cial

fish

ery

1 D

evel

op a

nd im

plem

ent

met

hods

to o

btai

n in

form

atio

n on

th

e ov

eral

l con

tribu

tion

to re

gion

al

com

mun

ities

mad

e by

the

com

mer

cial

sect

or 2

Mai

ntai

n m

anag

emen

t arr

ange

men

ts th

at

prom

ote

owne

r-op

erat

ions

in th

e co

mm

erci

al se

ctor

1 A

vaila

bilit

y of

bas

elin

e in

form

atio

n on

the

over

all

cont

ribut

ion

to re

gion

al

com

mun

ities

mad

e by

the

com

mer

cial

fish

ery

2

Tre

nd in

the

num

ber o

f ow

ner-

oper

ator

s in

the

com

mer

cial

fis

hery

3

Tre

nd in

the

tota

l num

ber o

f pe

ople

em

ploy

ed in

com

mer

cial

fis

hing

ope

ratio

ns

Inla

nd F

MC

A

nnua

l PIR

SA

Ann

ual P

IRSA

via

eco

nom

ic

surv

ey

Ann

ual

1 A

dec

reas

ing

trend

in th

e to

tal

num

ber o

f peo

ple

empl

oyed

in

com

mer

cial

fish

ing

oper

atio

ns

over

a th

ree

year

per

iod

PIR

SA amp

Inla

nd F

MC

via

1 U

nder

take

ann

ual e

cono

mic

su

rvey

s of t

he c

omm

erci

al se

ctor

1

Ava

ilabi

lity

of a

ccur

ate

and

up

to d

ate

econ

omic

dat

a on

the

com

mer

cial

sect

or

econ

omic

surv

eys

Ann

ual

2 D

evel

op a

nd im

plem

ent

met

hods

to im

prov

e es

timat

es o

f th

e to

tal v

alue

of r

ecre

atio

nal

2 P

artic

ipat

ion

rate

s in

the

annu

al

econ

omic

surv

ey p

roce

ss fo

r the

co

mm

erci

al fi

sher

y

PIR

SA v

ia e

cono

mic

surv

eys

A

nnua

l

fishi

ng to

regi

onal

eco

nom

ies

an

d th

e w

ider

com

mun

ity

3 A

vaila

bilit

y of

est

imat

es o

n th

e va

lue

of re

crea

tiona

l fis

hing

to

PIR

SA amp

Inla

nd F

MC

A

nnua

l

e E

cono

mic

info

rmat

ion

exis

ts to

m

ake

info

rmed

man

agem

ent

deci

sion

s

re

gion

al e

cono

mie

s and

the

wid

er

com

mun

ity

238

Man

agem

ent O

bjec

tives

M

anag

emen

t Str

ateg

ies

Perf

orm

ance

Indi

cato

rs

Res

pons

ibili

ty

Sche

dule

R

efer

ence

Poi

nts

Tri

gger

s G

oal 3

Im

pact

s on

the

stru

ctur

e p

rodu

ctiv

ity f

unct

ion

and

biol

ogic

al d

iver

sity

of t

he e

cosy

stem

are

min

imis

ed

a M

inim

ise

any

exte

rnal

impa

cts

on fi

sh st

ocks

ass

ocia

ted

with

br

oade

r env

ironm

enta

l or

ecos

yste

m h

ealth

1 M

onito

r ext

erna

l im

pact

s on

the

fishe

ry

2 E

nsur

e th

at st

ate

and

Nat

iona

l w

ater

flow

stra

tegi

es ta

ke in

to

acco

unt i

mpa

cts o

n La

kes a

nd

Coo

rong

fish

stoc

ks

3 M

onito

r net

fres

hwat

er fl

ow in

to

Sout

h A

ustra

lia a

nd in

to th

e C

ooro

ng e

stua

ry (o

ver t

he b

arra

ge

netw

ork)

4

Mon

itor t

he S

tatu

s of t

he R

iver

M

urra

y M

outh

5

Dev

elop

and

impl

emen

t st

rate

gies

to im

prov

e th

e op

portu

nity

for n

atur

al fi

sh

pass

age

6

Impr

ove

coor

dina

tion

betw

een

Gov

ernm

ent a

genc

ies r

espo

nsib

le

for w

ater

flow

man

agem

ent a

nd

natu

ral r

esou

rce

man

agem

ent

7

Enc

oura

ge a

dopt

ion

of th

e pr

inci

ples

out

lined

in th

e co

mm

erci

al se

ctor

Env

ironm

enta

l M

anag

emen

t Pla

n

1 N

et fr

eshw

ater

flow

s int

o So

uth

Aus

tralia

and

into

the

Coo

rong

es

tuar

y (o

ver t

he b

arra

ge n

etw

ork)

2

Sta

tus o

f Riv

er M

urra

y M

outh

op

enin

g

3 C

apac

ity fo

r nat

ural

fish

pas

sage

th

roug

h th

e ba

rrag

e ne

twor

k an

d th

e R

iver

Mur

ray

Mou

th

4 T

he le

vel o

f coo

rdin

atio

n be

twee

n th

e G

over

nmen

t age

ncie

s re

spon

sibl

e fo

r wat

er fl

ow

man

agem

ent a

nd n

atur

al re

sour

ce

man

agem

ent

PIR

SA i

n co

nsul

tatio

n w

ith o

ther

re

leva

nt st

ate

agen

cies

A

nnua

l PI

RSA

in

cons

ulta

tion

with

oth

er

rele

vant

stat

e ag

enci

es

Ann

ual

PIR

SA amp

The

Inla

nd F

MC

A

nnua

l PI

RSA

A

nnua

l

1 T

he a

nnua

l net

fres

hwat

er fl

ow

over

the

barr

age

netw

ork

falls

be

low

500

GL

year

for t

hree

co

nsec

utiv

e ye

ars

2

The

bar

rage

net

wor

k re

mai

ns

clos

ed fo

r a 1

2 m

onth

per

iod

3

The

Riv

er M

urra

y M

outh

op

enin

g be

com

es re

stric

ted

to a

po

int t

hat i

s con

side

red

unsu

itabl

e fo

r mai

ntai

ning

ade

quat

e fis

h pa

ssag

e or

wid

er e

cosy

stem

hea

lth

- in

any

give

n ye

ar

4 D

urin

g th

e lif

e of

this

pla

n

infr

astru

ctur

e ch

ange

s do

not t

ake

plac

e to

impr

ove

oppo

rtuni

ties f

or

natu

ral f

ish

pass

age

App

endi

x A

239

Man

agem

ent O

bjec

tives

M

anag

emen

t Str

ateg

ies

Perf

orm

ance

Indi

cato

rs

Res

pons

ibili

ty

Sche

dule

R

efer

ence

Poi

nts

Tri

gger

s G

oal 3

Im

pact

s on

the

stru

ctur

e p

rodu

ctiv

ity f

unct

ion

and

biol

ogic

al d

iver

sity

of t

he e

cosy

stem

are

min

imis

ed

b M

inim

ise

fishe

ry im

pact

s on

byca

tch

spec

ies a

nd th

e ec

osys

tem

1

Qua

ntify

the

impa

ct o

f fis

hing

op

erat

ions

on

byca

tch

spec

ies

thro

ugh

targ

eted

rese

arch

pro

ject

s 2

Impr

ove

data

reco

rdin

g sy

stem

s to

cap

ture

bas

elin

e in

form

atio

n on

by

catc

h sp

ecie

s int

erac

tions

and

by

catc

h sp

ecie

s cat

ch c

ompo

sitio

n

3 U

nder

take

a ri

sk a

naly

sis t

o as

sess

the

vuln

erab

ility

of b

ycat

ch

spec

ies t

o fis

hing

ope

ratio

ns

4 D

evel

op a

nd im

plem

ent a

by

catc

h ac

tion

plan

for t

he fi

sher

y

5 In

trodu

ce m

easu

res t

o re

stric

t th

e ca

tch

and

mor

talit

y of

byc

atch

sp

ecie

s

6 D

evel

op a

nd im

plem

ent

met

hods

to re

duce

the

envi

ronm

enta

l im

pact

of c

erta

in

gear

type

s

7 E

ncou

rage

and

supp

ort t

he

upta

ke o

f the

com

mer

cial

and

re

crea

tiona

l ind

ustry

Cod

es o

f Pr

actic

e

1 A

vaila

bilit

y of

dat

a to

und

erta

ke

anal

ysis

of i

mpa

cts o

f fis

hing

op

erat

ions

on

byca

tch

(non

-re

tain

ed) s

peci

es p

opul

atio

ns

2 A

vaila

bilit

y of

risk

ana

lysi

s to

asse

ss th

e vu

lner

abili

ty o

f byc

atch

(n

on-r

etai

ned)

spec

ies t

o fis

hing

op

erat

ions

3

Tre

nd in

the

rela

tions

hip

betw

een

the

catc

h of

reta

ined

and

no

n-re

tain

ed (b

ycat

ch) s

peci

es

4 Im

plem

enta

tion

of a

byc

atch

ac

tion

plan

for t

he fi

sher

y

Inla

nd F

MC

amp P

IRSA

A

nnua

l In

land

FM

C amp

PIR

SA

Ann

ual

PIR

SA

Ann

ual

Inla

nd F

MC

PI

RSA

B

y 20

06

2 T

he a

mou

nt o

f byc

atch

(d

isca

rds)

in c

omm

erci

al m

esh

net

fishi

ng o

pera

tions

rel

ativ

e to

the

tota

l cat

ch o

f ret

aine

d sp

ecie

s is

grea

ter t

han

20

(in

wei

ght)

in

any

give

n ye

ar

3 A

n in

crea

sing

tren

d in

dis

card

ra

tes i

n th

e co

mm

erci

al o

r re

crea

tiona

l fis

hing

sect

ors o

ver a

th

ree

year

per

iod

240

Man

agem

ent O

bjec

tives

M

anag

emen

t Str

ateg

ies

Perf

orm

ance

Indi

cato

rs

Res

pons

ibili

ty

Sche

dule

R

efer

ence

Poi

nts

Tri

gger

s G

oal 3

Im

pact

s on

the

stru

ctur

e p

rodu

ctiv

ity f

unct

ion

and

biol

ogic

al d

iver

sity

of t

he e

cosy

stem

are

min

imis

ed

In

land

FM

C amp

PIR

SA

Ann

ual

1 Q

uant

ify th

e im

pact

of

fishi

ng o

pera

tions

on

enda

nger

ed t

hrea

tene

d an

d pr

otec

ted

spec

ies t

hrou

gh

targ

eted

rese

arch

pro

ject

s

1 A

vaila

bilit

y of

bas

elin

e da

ta

to u

nder

take

an

anal

ysis

of t

he

fishi

ng re

late

d im

pact

s on

en

dang

ered

thr

eate

ned

and

pr

otec

ted

spec

ies

1 A

n in

crea

sing

tren

d in

the

leve

l of i

nter

actio

n be

twee

n fis

hing

ope

ratio

ns a

nd

enda

nger

ed t

hrea

tene

d an

d pr

otec

ted

spec

ies o

ver a

thre

e ye

ar p

erio

d

Inla

nd F

MC

amp P

IRSA

A

nnua

l

2 Im

prov

e da

ta re

cord

ing

syst

ems t

o co

llect

bas

elin

e in

form

atio

n on

fish

ery

inte

ract

ions

with

end

ange

red

th

reat

ened

and

pro

tect

ed

spec

ies

2 A

vaila

bilit

y of

risk

ana

lysi

s to

ass

ess t

he v

ulne

rabi

lity

of

enda

nger

ed t

hrea

tene

d an

d

prot

ecte

d sp

ecie

s to

fishi

ng

oper

atio

ns

PIR

SA

Ann

ual

3 U

nder

take

a ri

sk a

naly

sis t

o

asse

ss th

e vu

lner

abili

ty o

f en

dang

ered

thr

eate

ned

and

pr

otec

ted

spec

ies t

o fis

hing

op

erat

ions

3 A

nnua

l tre

nd in

the

leve

l of

inte

ract

ion

betw

een

fishi

ng

oper

atio

ns a

nd e

ndan

gere

d

thre

aten

ed a

nd p

rote

cted

sp

ecie

s

4 D

evel

op a

nd im

plem

ent

mea

sure

s to

avoi

d th

e ca

tch

and

mor

talit

y of

end

ange

red

th

reat

ened

and

pro

tect

ed

spec

ies

c A

void

the

inci

dent

al

mor

talit

y of

end

ange

red

th

reat

ened

and

pro

tect

ed

spec

ies

5 P

rom

ote

the

upta

ke o

f the

co

mm

erci

al a

nd re

crea

tiona

l se

ctor

cod

es o

f pra

ctic

e

App

endi

x A

241

Man

agem

ent O

bjec

tives

M

anag

emen

t Str

ateg

ies

Perf

orm

ance

Indi

cato

rs

Res

pons

ibili

ty

Sche

dule

R

efer

ence

Poi

nts

Tri

gger

s G

oal 3

Im

pact

s on

the

stru

ctur

e p

rodu

ctiv

ity f

unct

ion

and

biol

ogic

al d

iver

sity

of t

he e

cosy

stem

are

min

imis

ed

d

Red

uce

the

popu

latio

n si

ze a

nd

ecol

ogic

al im

pact

of n

on-n

ativ

e fis

h sp

ecie

s

1 M

onito

r non

-nat

ive

spec

ies

popu

latio

n le

vels

thro

ugh

com

mer

cial

cat

ch st

atis

tics

2 D

evel

op a

nd im

plem

ent

stra

tegi

es to

era

dica

te o

r con

trol

non-

nativ

e sp

ecie

s pop

ulat

ions

3

Con

tinue

to su

ppor

t con

trolle

d co

mm

erci

al h

arve

stin

g of

non

-na

tive

spec

ies

as p

art o

f a b

road

er

cont

rol s

yste

m

4 C

ontin

ue to

supp

ort n

atio

nal

initi

ativ

es a

imed

at d

evel

opin

g ef

fect

ive

cont

rol a

nd e

radi

catio

n m

etho

ds fo

r non

-nat

ive

spec

ies

popu

latio

ns

5 P

rom

ote

mar

ketp

rodu

ct

deve

lopm

ent f

or n

on-n

ativ

e sp

ecie

s

1 T

rend

in n

on-n

ativ

e sp

ecie

s re

lativ

e po

pula

tion

size

2

The

scop

e of

stra

tegi

es

deve

lope

d to

add

ress

non

-nat

ive

spec

ies e

colo

gica

l im

pact

s 3

Tre

nd in

com

mer

cial

cat

ch

leve

ls o

f non

-nat

ive

spec

ies

4 P

rogr

ess o

f nat

iona

l ini

tiativ

es

aim

ed a

t dev

elop

ing

effe

ctiv

e no

n-na

tive

spec

ies c

ontro

l mec

hani

sms

PIR

SA

Ann

ual

Inla

nd F

MC

A

nnua

l PI

RSA

A

nnua

l PI

RSA

A

nnua

l

1 A

n in

crea

sing

tren

d in

non

-na

tive

spec

ies p

opul

atio

n le

vels

242

Man

agem

ent O

bjec

tives

M

anag

emen

t Str

ateg

ies

Perf

orm

ance

Indi

cato

rs

Res

pons

ibili

ty

Sche

dule

R

efer

ence

Poi

nts

Tri

gger

s G

oal 4

Cos

t-effe

ctiv

e an

d pa

rtic

ipat

ive

gove

rnan

ce o

f the

fish

ery

a P

rom

ote

cost

-eff

ectiv

e an

d ef

ficie

nt m

anag

emen

t of t

he

fishe

ry

1 D

evel

op a

nd im

plem

ent

arra

ngem

ents

that

are

eff

ectiv

e at

ac

hiev

ing

man

agem

ent o

bjec

tives

w

hile

min

imis

ing

cost

s

2 D

eter

min

e th

e an

nual

tota

l rea

l co

sts o

f man

agem

ent

rese

arch

and

co

mpl

ianc

e fo

r the

fish

ery

3

Rec

over

an

econ

omic

retu

rn

from

com

mer

cial

lice

nce

hold

ers

suff

icie

nt to

cov

er th

e at

tribu

ted

cost

s of f

ishe

ries m

anag

emen

t re

sear

ch a

nd c

ompl

ianc

e in

line

w

ith e

stab

lishe

d co

st re

cove

ry

prin

cipl

es

4 E

xplo

re m

etho

ds fo

r all

stak

ehol

der g

roup

s to

shar

e th

e co

sts o

f man

agin

g th

e fis

hery

1 T

rend

in th

e an

nual

tota

l rea

l co

sts o

f man

agem

ent

rese

arch

and

co

mpl

ianc

e fo

r the

fish

ery

2

Tre

nd in

the

tota

l cos

ts o

f m

anag

emen

t re

sear

ch a

nd

com

plia

nce

in th

e fis

hery

at

tribu

ted

to th

e co

mm

erci

al

indu

stry

rel

ativ

e to

GV

P

PIR

SA

Ann

ual

PIR

SA

Ann

ual

Man

agem

ent O

bjec

tives

M

anag

emen

t Str

ateg

ies

Perf

orm

ance

Indi

cato

rs

Res

pons

ibili

ty

Sche

dule

R

efer

ence

Poi

nts

Tri

gger

s G

oal 4

Cos

t-effe

ctiv

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Ann

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Ann

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App

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243

Man

agem

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M

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t Str

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Perf

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Indi

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Con

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1 R

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nd in

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num

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f Fi

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SA F

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A

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r a th

ree

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per

iod

244

Reporting Fishers The primary source of data used to underpin all stock assessment work is fishery-dependent At this stage this approach is considered appropriate given the scale of the fishery and its stage of development The collection of fishery-dependent data is facilitated by a commercial logbook program which requires all commercial fishers to compulsorily record daily information on catch and effort levels and other details on daily fishing operations This information is submitted monthly and entered into a database which is managed by SARDI Aquatic Sciences SARDI fisheries statistics staff carry out data validation by querying catch effort and fishing block information

Information collected through the logbook program is periodically reviewed to ensure data collection meets management and research needs

PRISA Stock assessment and stock status reporting for key species in the Lakes and Coorong Fishery Species 200405 200506 200607 200708 200809 Mulloway SA ST ST SA ST Cockles ST SA ST SA ST Mullet SA ST ST ST SA Golden Perch SA ST ST ST SA Black bream LIT ST SA ST ST Flounder LIT SA ST ST ST

Glossary

bull SA (full stock assessment report) A full stock assessment report comprises a detailed analysis of fishery status and includes a review of all biological research undertaken on the speciesfishery covering all sectors and generally including a fieldwork component A mix of fishery-dependent and fishery-independent data should be incorporated A detailed scientific interpretation of all results is provided to address all relevant performance indicators outlined in the Management Plan Management implications and future research needs are taken into account

bull ST (status report) A status report comprises a desktop study of fishery status reporting only on key performance indicators outlined in the Management Plan A limited data analysis is provided without detailed scientific interpretation Generally no fieldwork component would be undertaken and

bull LIT (Literature review) A literature review involves undertaking an exhaustive search of all published literature available for a species to assist in the process of prioritising future biological research

Appendix A 245

Research The annual process undertaken by the Inland FMC to direct research at priority areas for the fishery has been developed as part of the strategic research and monitoring plan

There are significant gaps in the information concerning basic biological parameters for many of the key species in the Lakes and Coorong Fishery Research must be directed at addressing these information gaps to underpin reliable quantitative stock assessment and future management decision-making The strategic research and monitoring plan has identified biological research priorities for each priority species in the fishery The fishery-wide research priorities are also listed in the strategic research and monitoring plan and are aimed at addressing fishery-wide issues over the life of the Management Plan These priorities will be updated annually by the Inland Fisheries Management Committee to address emerging issues and changing priorities

The Lakes and Coorong Fishery can be classified as a data poor fishery with only limited quantitative information available to managers during annual decision-making processes The primary focus of the strategic research and monitoring plan is to increase the amount of quantitative information available for management of the fishery This plan aims to ensure that all research and stock assessment undertaken in the Lakes and Coorong Fishery is carried out to address established management priorities and information gaps The following diagram outlines the annual process undertaken by the Inland FMC to direct research at priority areas for the fishery

The following research priorities are aimed at addressing fishery-wide issues over the life of the Management Plan These priorities will be updated annually by the Inland Fisheries Management Committee to address emerging issues and changing priorities This set of priorities covers the following broad areas

bull Fisheries assessment and biology bull Habitat and ecology bull GovernanceManagement bull Socio-economics and bull Industry development

Research priorities have been rated using the following scale

5 = Essential 4 = High 3 = Moderate 2 = Low 1 = Very low

Consultation Section 46 of the Fisheries Act establishes a set of regulation-making powers to formalise a co-management process for fisheries management in South Australia The Fisheries (Management Committees) Regulations 1995 outline a set of co-management principles and establish a number of Fisheries Management Committees (FMCs) for key fisheries or groups of fisheries including the Inland FMC The Fisheries Act requires that the Minister the Director of Fisheries and the FMCs to operate in accordance with the principal objectives outlined in the Fisheries Act

The Inland FMC provides the principle forum for stakeholder consideration of fisheries management and research issues relevant to the inland fisheries of South Australia FMCs are designed to assist the Minister the Director of Fisheries and fishery

246

managers in the administration of the Fisheries Act consistent with the objectives of the Fisheries Act and the designated management plans for each fishery The regulations prescribe the advisory role and function of all FMCs The Fisheries Act also provides a capacity for the Minister or the Director of Fisheries to delegate decision-making functions to an FMC

The role and function of FMCs has evolved over time Membership of the Inland FMC consists of a Government fisheries manager a Government scientist commercial fishers and recreational fishers appointed by the Minister An independent Chairperson is appointed by the Minister to facilitate meetings A committee support officer provides secretarial support to the committees The Minister appoints non-Government members of the committee after calling for applications from relevant parties and interest groups and undergoing a transparent selection process involving relevant stakeholder representation

The Inland FMC is required to produce an annual report to he Minister and to hold a public meeting each year to provide an opportunity for the FMC to publicly report on its yearly activities and allow for members of the broader community to discuss relevant issues with FMC members Observers are welcome to attend meetings with agreement from the chairperson The operating costs of the Inland FMC are currently funded through a combination of fees paid by commercial fishery licence holders and Government funds The Inland FMC meets approximately four to six times per year

The Fisheries Act requires the Minister or a delegate to consult with licence holders who may be adversely affected by a change to licence conditions in particular the removal of a species or gear entitlement from a commercial fishing licence No formal requirements currently exist in the Fisheries Act to consult with the broader community concerning fisheries management decision-making However as a matter of policy PIRSA Fisheries consults with key stakeholder groups and the broader community through public comment processes when significant management changes or developments are being considered For example all Fisheries Management Plans undergo a public consultation process Formal community consultation and accountability provisions are being considered as part of the Fisheries Act review process

Supporting documentationreports bull Economic indicators for the Lakes and Coorong Fishery 200304 (August 2005)

A report prepared for PIRSA by EconSearch Pt Ltd and bull Economic indicators for the commercial fisheries of South Australia

Summary Report 200304 (April 2006) A report prepared for PIRSA by EconSearch Pty Ltd

References PIRSA submission to DEWHA Ecological Assessment of the South Australian Lakes and Coorong Fishery Assessment Report Prepared for the Australian Government Department of Environment and Heritage against the Guidelines for the Ecologically Sustainable Management of

Appendix A 247

Fisheries For the purposes of Part 13(A) of the Environment Protection and Biodiversity Conservation Act 1999 (5 September 2005) DEWHA Assessment Assessment of the South Australian Lakes and Coorong Fishery (November 2005) Australian Government Department of the Environment and Heritage Legislation International legislation

bull United Nations Convention on the Law of the Sea 1982 and bull Ramsar Convention (1971)

Commonwealth legislation

bull Environmental Protection and Biodiversity Conservation (EPBC) Act 1999 SA State legislation

bull The Fisheries Act 1982 insofar as this Act applies to the River Murray seeking to further the objects of the River Murray Act 2003 and the objectives of a healthy River Murray under that Act

bull Review of fisheries Act bull Fisheries (Scheme of Management Lakes and Coorong Fishery) Regulations

1991 bull Fisheries (General) Regulations 2000 and bull Fisheries (Management Committees) Regulations 1995

Management

bull Management Plan for the South Australian Lakes and Coorong Fishery (July 2005) Sean Slaon fisheries Division Primary Industries and Resources South Australia Plan to be reviewed in 2009

bull The regulations that govern the management of the Lakes and Coorong Fishery are the Fisheries (Scheme of Management ndash Lakes and Coorong Fishery) Regulations 1991 and the Fisheries (General) Regulations 2000 The Fisheries (Management Committees) Regulations 1995 (the FMC regulations) provide the legal basis for the preparation of the management plan and

bull Stock assessment and stock status reports for key species in the Lakes and Coorong Fishery

Other

bull Bryars S (2003) An inventory of important coastal Fisheries Habitats in South Australia

bull Murray-Jones S and Johnson JA (2003) Goolwa cockles (Donax deltoides) Fishery

bull Assessment Report to PIRSA (Fisheries) for the Inland Waters Fisheries Management Committee South Australian Fisheries Assessment Series 200221

bull Reynolds LF (1976) Decline of the native fish species in the River Murray SAFIC No 8 19 ndash 24

248

bull Fish Habitat Program PIRSA NHT Project No 99069 Fisheries habitat ndash a strategy for sustainability

bull Economic indicators for the Lakes and Coorong Fishery 200304 A report prepared for PIRSA by Econsearch (August 2005)

bull Economic indicators for the commercial fisheries of South Australia summary report 200304 A report prepared for PIRSA by Econsearch (18 April 2006) and

bull Economic indicators for the commercial fisheries of South Australia summary report 200102 A report prepared for PIRSA by Econsearch (November 2003)

Part 2 DEWHA assessment SA Lakes and Coorong fishery

The assessment

For the purposes of the wildlife trade provisions of Part 13A of the EPBC Act bull 3Department of the Environment and Heritage Assessment Report (November

2005) bull 3Declaration of an approved Wildlife Trade Operation ndash Gazetted on Wednesday

30 November 2005 S207 bull 3Amendment of List of Exempt Native Specimens ndash Registered on Wednesday

30 November 2005 F2005L03826 bull 3Ministerial Decision (28 November 2005) bull 3Agency submission on ecological sustainability (5 September 2005) and bull Invitation to comment closed Friday 14 October 2005

DEWHA assessment

Assessment of the South Australian Lakes and Coorong Fishery (November 2005) Australian Government Department of the Environment and Heritage (Overall assessment pgs 11-12) The material submitted by PIRSA demonstrates that the management arrangements for the South Australian LCF meet most of the requirements of the Australian Government Guidelines for the Ecologically Sustainable Management of Fisheries While the fishery has the basis upon which good management arrangements can be implemented DEWHA has identified a number of risks that must be managed to ensure that their impacts are minimised

bull Un-validated fishery dependent data that is not reported at fine temporal and spatial scales

bull Appropriate to the mode of operation in some sectors of the fishery bull Absence of current robust estimates of recreational Indigenous and illegal take

of LCF species bull Limited stock assessment processes and lack of sound sustainable yield

estimates bull Primary management control of species size limits not consistent with

reproductive biology bull Limited direct control on effort across all sectors of the fishery

Appendix A 249

bull no ongoing provision for fishers to record bycatch including interactions with threatened

bull Endangered and protected species and bull Absence of an evaluation of the impact of fishing activity on the ecological

character of The Coorong and Lakes Alexandrina and Albert Wetland Ramsar site

The operation of the fishery is consistent with the objects of Part 13A of the EPBC Act DEWHA therefore recommends that the fishery be declared an approved Wildlife Trade Operation (WTO) Specifically the WTO declaration would allow the export of product from the fishery for a period of 3 years The WTO declaration will require annual reporting on the progress of implementing the recommendations of this report and other managerial commitments The implementation of recommendations and other commitments made by PIRSA in the submission will be monitored and reviewed as part of the next DEWHA review of the fishery in 3 years time

Ministerial decision (28 November 2005)

Performance against the Australian Government Guidelines for the Ecologically Sustainable Management of Fisheries is adequate however there are a number of issues that need to be addressed to contain environmental risks in the longer term The Minister proposed to declare the fishery an approved Wildlife Trade Operation (WTO) under Part 13A of the EPBC Act This declaration would allow the export of product from the fishery for the next three years The declaration subject to the conditions and recommendations as outlined below Conditions

1 Conditions on the Wildlife Trade Operation Declaration for the South Australian Lakes and Coorong Fishery

2 Operation of the fishery will be carried out in accordance with the Fisheries (Scheme of Management ndash Lakes and Coorong Fisheries) Regulations 1991 and the Fisheries (General) Regulations 2000 in force under the South Australian Fisheries Act 1982 Department of Primary Industries and Resources South Australia (PIRSA) to inform the Department of the Environment and Heritage (DEWHA) of any material change to the Marine Scalefish Fisheryrsquos management arrangements that could affect the criteria on which the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) decisions are based within three months of that change being made

3 Reports to be produced and presented to DEWHA annually and to include

bull information sufficient to allow assessment of the progress of PIRSA in implementing the recommendations made in the Assessment of the South Australian Lakes and Coorong Fishery

bull a description of the status of the fishery and catch and effort information

bull a statement of the performance of the fishery against objectives performance indicators and measures once developed and

250

bull research undertaken or completed relevant to the fishery

Recommendations The following recommendations aim to address these risks and uncertainties The Department of Primary Industries and Resources South Australia (PIRSA) should action these recommendations before the next review in 2008 or within the timeframe specified in individual recommendations

1 PIRSA to advise the Department of the Environment and Heritage (DEWHA) of any material change to the LCFrsquos management arrangements that could affect the criteria on which Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) decisions are based within 3 months of that change being made

2 PIRSA within 2 years to complete the review of catch and effort logbooks and implement methods to enable catch and effort to be monitored over finer temporal and spatial scales

3 PIRSA within 12 months to review available options to validate catch and effort data on target and byproduct species in the LCF Appropriate validation mechanisms for target and byproduct catch and effort data to be progressively developed and applied in the fishery within 18 months

4 PIRSA within 2 years to further refine stock assessments in a process to develop more robust sustainable yield estimates for key species As a first step PIRSA to implement ongoing programs within 12 months to obtain necessary biological and environmental data to inform stock assessment and performance criteria of key species

5 PIRSA to develop precautionary harvest reference points for bony bream in order to identify any substantial alterations in fishing effort or byproduct catch rates which may indicate changes in stock status

6 Within 18 months PIRSA to develop a process to improve estimates of all removals of LCF species including recreational and Indigenous harvests as well as an estimate of illegal take and factor these into the stock assessments and management controls to ensure overall catch levels are sustainable

7 PIRSA within 2 years to develop and implement management arrangements to control the extent of harvests of all target and key byproduct species at ecologically sustainable levels Particular consideration should be directed at addressing the presently uncontrolled increases in catch of Goolwa cockles and risk of overexploitation of cockle stocks

8 PIRSA within 18 months to review known biology of harvested species and existing size limits to ensure size limits are sufficiently precautionary and take into account all removals from the fishery

9 PIRSA within 2 years to develop and implement an ongoing program to collect information on the composition and abundance of bycatch across the commercial sectors of the fishery

10 Within 2 years PIRSA to conduct an ecological risk assessment of the impacts of the LCF including any impacts on the listed ecological character and values of The Coorong and Lakes Alexandrina and Albert Wetland Ramsar site (Site No 25) PIRSA to develop and implement any mitigation measures considered necessary

Appendix A 251

Tasmanian fisheries bull 3Abalone Fishery bull 3Commercial Dive Fishery bull 3Giant Crab Fishery bull 3Freshwater Eel Fishery bull 3Kelp Fishery bull 3Marine Aquarium Fish Fishery

bull 3Native Oyster Fishery bull 3Octopus Fishery bull 3Rock Lobster Fishery bull 3Scalaris Abalone Fishery bull 3Scallop Fishery

Tasmanian DIPW submissions to DEWHA

The submissions to DEWHA under the EPBC Act addressed the EPBC principles and objectives (ecological only)

The Tasmanian 3Giant Crab Fishery an example Part 1 provides a summary and details of the SA PIRSA agency submission on ecological sustainability to DEWHA Part 2 provides summary information of DEWHA assessment of the fishery and the Ministerial decision conditions and recommendations

Part 1 TAS (DPIW) submission to DEWHA (April 2006) Submission for the purposes of the protected species provisions of Part 13 and the wildlife trade provisions of Part 13A of the EPBC Act The following information is from the report Assessing the Ecological Sustainability of the Tasmanian Giant Crab fishery A draft report prepared for the Department of Environment and Heritage as required for assessment against the Guidelines for the Ecologically Sustainable Management of Fisheries for the purposes of Part 13 and Part 13A of the Environment Protection and Biodiversity Conservation Act 1999 (April 2006) prepared by Hilary Revill Tasmania Department of Primary Industries and Water Other relevant information that is included is sourced from the TAS (DPIW) fisheries web documents and in each case source references are provided

A summary of the TAS (DIPW) submission to DEWHA is provided in the table below and then in more detail under the same headings This is followed by other TAS (DPIW) supporting documents and reports and references for this section

Legislation Commonwealth legislation Environmental Protection and Biodiversity

Conservation (EPBC) Act 1999 State legislation Tasmanian Living Marine Resources Management

Act 1995 Fisheries (Giant Crab) Rules 2006 Living Marine Resources Management Act 1995

252

Fishing (Licence Ownership and Interest) Registration Act 2001 Marine Farming Planning Act 1995 Regulations Fisheries (General and Fees) Regulations 2006 Fisheries (Infringement Notices) Regulations 2001 Fisheries Penalty Regulations 2001 Fishing (Licence Ownership and Interest) Registration (Fees) Regulations 2002 Marine Farming Planning Regulations 1996 Orders Fisheries (Research Area) Order 2005 Fisheries (Research Area) Order 1996 Fisheries (Value of Fish) Order 1997

Management Management plans and regulations Fisheries (Giant Crab) Rules 2006 (managed

under a management plan) Fisheries (Processing and Handling) Rules 2001

Codes of practice Voluntary industry Clean Green program Harvest strategies Target Outputs Total allowable catch (TAC) and

the minimum size limit Inputs limited entry gear restrictions quota units

Spatial management Closed season for females

Assessment

Stock assessment Target annual stock assessment New stock assessment model under development The assessment also provides analysis of byproduct bycatch TEP interactions ecosystem impacts

EIS No

Risk assessment Risk assessment on impact of traps on habitat (2005)

Economic components No

Social components No

Governance No

Monitoring and performance Monitoring A research program has been initiated to provide

ongoing monitoring of bycatch in the absence of a regular observer program

Performance indicators and trigger points

Performance in meeting objectives of maintaining biomass and recruitment measured CPUE size and sex distributions changes in fishing area size of giant crab fleet Trigger points are levels of or rates of changed that are considered outside the normal variation of the stocks and fishery which when occurs the Minister will review the management of the fishery

Observer Program No

Reporting Fishers The provision of log sheets on a monthly basis is

mandatory Fishers cannot renew their giant crab licence unless all their log sheets have been submitted Giant crab fishers are required to

Appendix A 253

complete a daily catch and effort log sheet by midnight for every day that fishing occurs

DPIW The Rural and Marine Industry Profiles (1999 2003 2004) are a comprehensive guide to Tasmanias animal plant fisheries and organics industries The Tasmanian Marine Industry Profiles are a comprehensive guide to the wild fisheries and the aquaculture sector Each profile includes the industry structure economic data Government inputs and involvements objectives for the future and topical issues

Research

Research Research program is underway

Consultation

Crustacean Fisheries Advisory Committee (CFAC)

TAS (DIPW) submission to DEWHA in more detail

Legislation Acts Commonwealth legislation

bull Environmental Protection and Biodiversity Conservation (EPBC) Act 1999 State legislation

bull Tasmanian Living Marine Resources Management Act 1995 bull Fisheries (Giant Crab) Rules 2006 bull Living Marine Resources Management Act 1995 bull Fishing (Licence Ownership and Interest) Registration Act 2001 bull Marine Farming Planning Act 1995 Regulations bull Fisheries (General and Fees) Regulations 2006 bull Fisheries (Infringement Notices) Regulations 2001 bull Fisheries Penalty Regulations 2001 bull Fishing (Licence Ownership and Interest) Registration (Fees) Regulations 2002

and bull Marine Farming Planning Regulations 1996

Orders

bull Fisheries (Research Area) Order 2005 bull Fisheries (Research Area) Order 1996 and bull Fisheries (Value of Fish) Order 1997

Management

Plans and regulations

bull Fisheries Rules 1999 bull Fisheries (Giant Crab) Rules 2006 (managed under a management plan) and bull Fisheries (Processing and Handling) Rules 2001

254

The new management plan for the Giant crab fishery is contained within a set of statutory rules titled the Fisheries (Giant Crab) Rules 2006 which have been made under Part 3 of the Living Marine Resources Management Act 1995 (the Act) The management plan is supported by the Giant Crab Fishery Policy Document of May 1999 The Act sets out the objectives for the sustainable management of living marine resources in Tasmania and provides the framework for developing and implementing management plans for each of the Statersquos fisheries Management objectives and strategies for the fishery (1999 Giant Crab policy document) Objective 1 To maintain fish stocks at optimum sustainable levels by constraining the total catch and the size of individual giant crabs taken by the commercial sector Strategies 1 Limiting the targeted commercial catch through setting a total allowable catch

(TAC) and using individual transferable quotas to allocate proportions of the TAC 2 Limiting access to bycatch of giant crabs 3 Minimise the opportunity for illegal activity through a monitoring compliance and

enforcement strategy

4 Conserving egg production and restricting fishing mortality on spawning or berried female giant crabs by the use of minimum size limits and the closure of the fishery for female giant crabs during the peak spawning period

5 Conserve breeding capability by introducing a maximum size limit to ensure a proportion of large males and females are returned to the water

Objective 2 Managing commercial fishing interactions to mitigate any conflict that results from competition between different fishing methods for access to shared fishing grounds Strategies

1 Restrict the number of giant crab trapspots that can be used from individual fishing vessels

2 Restrict the number of giant crab fishing vessels in the fishery 3 Restrict the separation of licences for the giant crab and rock lobster fisheries

Objective 3 Sustaining yield and reducing incidental fishing mortality

bull To take fish at a size likely to result in the best use of the yield from the fishery bull To provide measures to protect under-size giant crabs and bull To minimise incidental fishing mortality as a result of fishing operations

Strategies 1 Maintenance of size limits 2 Escape gaps (incidental fishing mortality)

Objective 4 Providing socio-economic benefits to the community

bull To recover a financial contribution from the commercial giant crab fishers to contribute to the real costs of management compliance and research and

Appendix A 255

bull To ensure the giant crab fishing fleet continues to provide employment and an economic return to coastal communities of Tasmania

Strategies

1 Determine the real costs of management compliance and necessary research costs for the giant crab fishery

2 Equitably pass on the additional management and research costs as identified in this document to participants in the giant crab fishery

3 Optimising the economic return to fishers from the resource by providing flexible and workable operating rules which can be enforced in a cost efficient manner

4 Collecting a granting fee and an annual resource levy for each quota unit to provide a return to the Community

Objective 5 Providing high quality produce To promote and maintain handling and processing practices which ensure the highest quality giant crab product for human consumption Strategies 1 Promote quality carrying handling and storage practices for giant crab on board

fishing vessels and by fish processors through the use of codes of practice and industry initiatives

The development of a new strategic policy document for the fishery and review of the current objectives and strategies is a high priority DEWHA made a specific recommendation following the first assessment of the fishery relating to the development and encouraging the adoption of an environment code of practice in consultation with industry The recommendation also included implementing a means of monitoring fisher adoption of the code of practice In 2004 the peak industry body representing rock lobster and giant crab fishers the Tasmanian Rock Lobster Fishermenrsquos Association (TRLFA) began actively promoting adoption of a program called the ldquoClean Green Programrdquo

This program is an environmental management system which is certified and conforms to nationally recognised JAS-ANZ and ISOIEC standards The program is a pot ndash to ndash plate initiative with standards of best practice covering environmental practice seafood safety and quality and occupational health and safety The standards have been developed by industry for industry to meet developing market community and government expectationslegislation in environmental management Performance against all criteria is audited independently

The environmental practice covered by the program includes fishery sustainability minimising bycatch minimising ecological interactions avoiding seal breeding colonies whale identification introduced pests waste disposal procedures safe refuelling and spill kit use For more details refer to the summary table in attachment 4

This program is not specific to the giant crab fishery however given the generic nature of the environmental issues covered by the program and the assessed low impact of the gear type DPIWE believes that it is a highly suitable cost effective environmental program for the fishery Note all giant crab fishers have to hold a rock lobster licence

256

DPIWE can monitor fisher adoption of the program by liaising with the Southern Rock Lobster coordinator of the program

Codes of practice

Recommendation from the first DEWHA assessment (October 2003) DPIWE in collaboration with industry to develop and encourage the adoption of an environmental code of practice that aims to minimise fishing effects on ecosystems threatened species and threatened ecological communities within three years and develop and implement a means of monitoring fisher adoption of the code of practice In response the Tasmanian Rock Lobster Fishermenrsquos Association (TRLFA) the peak industry body representing rock lobster and giant crab fishers) has actively promoted the adoption an certified environmental management system called the ldquoClean green programrdquo DPIW has supported adoption of the program and is monitoring fisher adoption of the voluntary program

Harvest strategies

Target species are managed by outputs and inputs Outputs include Total allowable catch (TAC) and the minimum size limit Inputs include limited entry gear restrictions and quota units

Spatial management

Closed seasons for females

Assessment

Stock assessment

Target The Giant crab fishery is formally assessed annually through the preparation of a fishery assessment report The fishery assessment also provides other analyses including bycatch of other species byproduct species protected species interactions ecosystem impacts and interactions spatial distribution of catch and effort structure of catches including undersize malefemale and discards

DEWHA made a specific recommendation following the first assessment of the fishery that further research and analysis to be undertaken into giant crab biology in particular

bull Estimation of recruitment to the fishery bull Completion of the analysis of existing growth rate information bull Estimation of fishing mortality and bull Ecosystem and habitat research

This has been achieved through two significant FRDC research projects The first project has been completed and addresses the first three dot points The draft final report (Gardner et al 2006) lsquodevelopment of assessment toolrsquos is currently with FRDC

Appendix A 257

for their consideration and approval prior to distribution The results of this project were incorporated in the 200405 fishery assessment No commercial fishers under a Tasmanian State licence may retain giant crab except for rock lobster fishers Removals by the Commonwealth Trawl sector (addresses DEWHA recommendation 4 from first assessment) Data on retained bycatch of crabs from trawlers has been obtained from

bull AFMA logbook records (although giant crab catch was generally recorded generically as ldquocrabrdquo and could thus include king crabs (lithodid species) and spider crabs (Leptomithrax spp)

bull AFMA observer programs and bull Voluntary recording by one trawl operator

Each of these data sources have some problems ie lack of species identification in logbooks and low area coverage of observer programs and limited voluntary data recording

Use of the new stock assessment model The following extract from the draft 20045 fishery assessment report describes how the new stock assessment model is being used in the Tasmanian Giant Crab Fishery A size-based stock assessment model using an annual time-step was developed using methods similar to those described by Punt and Kennedy (1997) who developed a size-based model for the Tasmanian rock lobster The giant crab model was developed as part of the FRDC funded project (FRDC 2001049 entitled Developing the tools for long-term management of the giant crab resource Data collection methodology stock assessment and harvest strategy evaluation) Full details of the model and the underlying description of giant crab growth are given in that document

The model is still under development for example it currently treats the whole of Tasmania as one population and a two population version (east and west coast fisheries treated separately) may be a better option although this reduces the available data At the same time a greater range of growth possibilities will be included in the analyses in an attempt to capture more of the potential uncertainty in the assessment

Byproduct Fisheries independent by product data has been collected by scientific observers during the FRDC project referred to in the above section In waters deeper than 100m from which the majority of the crab catch is taken there is only one significant by product species pink Ling and the levels of this species observed in crab traps is very low Fisheries dependent byproduct data collection is mandatory for giant crab fishers Byproduct is recorded in the Tasmanian General Fishing Logbook and catches can be traced back against the gear type ldquopotrdquo Therefore byproduct data is aggregated for the rock lobster (240 vessels) and giant crab fisheries The total reported by product catches of pink ling in pots for the last 5 years total just over 300 kilos (approximately 60kgs per year)

258

Bycatch Collection of bycatch species occurred as part of the catch sampling component of the FRDC project aimed at improving giant crab assessment techniques Fieldwork also took place between 2001 and 2004 with scientific observers on industry vessels This data indicated there was very little bycatch in crab traps This research was undertaken through core funding provided by DPIWE rather than through any of the large FRDC projects Due to the low level of bycatch in this fishery future fisheries independent data collection of bycatch species information will occur on an ad hoc basis whenever scientific observers are on industry vessels In 2004 the TAFI research database was modified to include bycatch data A research program has been initiated to provide ongoing monitoring of bycatch in the absence of a regular observer program (which is not economically feasible) This involves bycatch data collection by fishers at sea using waterproof disposable cameras This project is funded by DPIWE and is ongoing with results to be reported in the next assessment TEP A protected species interaction monthly record was introduced into the Giant Crab catch and effort logbook on 1 March 2006 Fishers are required to tick the protected species interaction field on the catch effort log sheet for any day when an interaction occurs and are required to complete the protected species interaction monthly record at the back of the log book to provide full details about the interaction A list of protected species is provided at the front of the logbook The logbook instructions state that The Environment Protection and Biodiversity Conservation Act (EPBC) 1999 requires all interaction information to be collected by all fisheries

Fisheries independent data on protected species interactions comes through the extensive monitoring conducted for the rock lobster fishery Gear and vessels operating in the two fisheries are essentially identical so it is reasonable to assume that interactions are equivalent This fisheries independent data source includes interactions such as consumption of discarded bait by protected species and roosting on vessels

Appendix A 259

HabitatEcosystems The Tasmanian Giant Crab Fishery is a minor pot fishery with a small number (lt 12) of specialised licensed fishers harvesting over 90 of the 62t total allowable catch The fishery operates in deep waters (120 ndash 250m) at the edge of the continental shelf The total number of pot lifts for these fishers has ranged between 28561 and 18225 over the last 4 years The total footprint is estimated by assuming that each trap covers 1 square meter and that no two traps land on the same point Total annual footprint has thus averaged around 23500 m2 which equates to a tiny area around 150 x 150 m Also note that benthos contacted by the crab trap is not necessarily removed or impacted Habitat damage from crab traps is thus clearly an extremely low risk issue in terms of impact on the structure productivity function and biological diversity of the ecosystem Impact on the ecosystem through interactions with the removal of a portion of the crab population is managed through maintenance of legal size biomass

Risk assessment

There are no specific assessments or risk analyses on by-catch species as the impact is believed to be low particularly as many of the species can be returned to the water alive However in response to a specific DEWHA recommendation from the first assessment of this fishery DPIWE has in conjunction with TAFI considered strategies to assess changes in bycatch trends Three types of strategy were considered

bull Scientific observer program bull Scientific observer program and bull Photographic recording of bycatch by fishers for analysis by researchers trials

of this simple cost effective strategy have commenced and will be reported on in the next stock assessment

The primary measure in place to avoid capture and mortality of bycatch species is the mandatory escape gap in each pot Pot specifications including escape gap specifications are detailed in the management plan (Fisheries (Giant Crab) Rule 2006) The primary measure in place to avoid capture and mortality of bycatch species is the mandatory escape gap in each pot Pot specifications including escape gap specifications are detailed in the management plan (Fisheries (Giant Crab) Rule 2006)

A risk assessment of the impact of the giant crab traps on a range of habitats was conducted by the Technical working group reporting to DEWHA on fishing risk assessment for the development of MPArsquos The risk assessment report (Anon DEWHA 2005) states that the most significant interaction is through contact of the traps on the bottom The traps are heavy enough to avoid movements with currents on the bottom and the footprint is small The consequences of the interaction were that settling traps could damage fragile species and there could be some long term damage to the habitat with affected organisms taking some time to recover However these consequences were deemed to be negligible by virtue of the very small footprint and the overall risk rating is low

DEWHA made a specific recommendation following the first assessment of the fishery which stated that DPIWE should initiate research to assess the risk of ghost fishing and develop management strategies The potential for crab traps to ghost fish is being

260

assessed by TAFI in three ways each is directed to evaluating the ability of crabs to escape from a trap after entering it Giant crab fisher estimates on the number of traps lost per year ranges from 3 to 30 Extrapolating this number for all major crab fishers and adding a factor to cover the minor operators suggests that the number of lost pots per annum is likely to be significantly less than 500

Monitoring

Monitoring

Recommendation 3 from previous assessment DPIWE to develop and implement an ongoing data collection and monitoring system to enable identification of long term trends in giant crab discards within two years Response fishers record details of giant crab discards (returned to sea) in logbook data for is use in the stock assessment Landings of all giant crab are subject to the rigorous reporting requirements of the giant crab quota monitoring system Monitoring changes in fishing patterns provides information about the state of the resource A research program has been initiated to provide ongoing monitoring of bycatch in the absence of a regular observer program (which is not economically feasible) This involves bycatch data collection by fishers at sea using waterproof disposable cameras This project is funded by DPIWE and is ongoing with results to be reported in the next assessment

Indicators and trigger points

Recommendation 5 from previous assessment DPIWE to develop and implement within three years meaningful performance indicators and trigger points relating to legal size biomass and egg production If existing research yields sufficient biological data this work should be undertaken as soon as possible Addressing this recommendation was totally reliant on the additional biological data generated through the FRDC project developing assessment tools This project was not able to commence until about 18 months later than was anticipated when the first assessment report was drafted Hence DPIWE has not been able to address this recommendation to date However as a draft final report has now been submitted to FRDC a review of meaningful indicators and triggers for the crab fishery is scheduled as a high priority

Performance indicators from the Giant Crab Policy Document 1999 The performance of the Giant Crab Fishery Management Plan in meeting the objectives of maintaining biomass and recruitment will be measured through a combination of performance indicators concerning the sustainability of the giant crab resource Analysis of fishery performance under this management plan will be examined and measured variously by the use of but not restricted to the following items

Appendix A 261

bull Catch per unit effort (CPUE) bull Catch per unit of effort is a measure of the catch rate and is also commonly used

as an index of relative abundance bull The total annual commercial catch including by-catch bull The total annual catch may fall below the TAC for a number of reasons which

must be accounted for before any action is taken The commercial catch taken under quota will be monitored against the TAC for the fishery In addition the level of the by-catch of giant crabs taken by rock lobster fishers will be monitored and action taken if it increases beyond historic levels

bull Size and sex distribution of the commercial catch Changes in the size distribution or sex ratio of the catch may result from changes in the stock and may provide information about declines in the biomass However such changes may result from changes in fishing or market requirements

bull Changes in fishing area - if catch and effort from an area declines it may be as a result of overfishing In this case fishers may shift their effort to other regions Monitoring changes in fishing patterns provides information about the state of the resource and

bull The size of the giant crab fleet As the restructuring process occurs it is likely that the number of licences and vessels operating in the giant crab fishery will decline

Trigger points for management review Trigger points are levels of or rates of change in the above performance indicators that are considered to be too low or outside the normal variation of the stocks and the fishery When one or more of the following trigger points have been met the Minister will review the management of the giant crab fishery These trigger points may be reached by themselves or in combination There may also be additional factors such as those relating to the environment or market or requests from sectors of the fishery that could lead to a review of the management of the fishery A trigger point will be reached when one or more of the following criteria are met Catch per unit effort (CPUE)

bull When CPUE for the State declines for two consecutive years bull When CPUE for any region declines by a total of 20 in two years bull The total annual commercial catch bull When the total yearly catch does not exceed 90 of TAC in any year bull The by-catch of giant crabs taken by rock lobster fishers exceeds 5 tonnes in

any year bull Size distribution of the commercial catch bull The proportion of the catch above 5 kg varies by more than 30 compared to

the 199697 distribution and bull The proportion of the catch below 3 kg varies by more than 30 compared to

the 199697 distribution

262

Management action upon reaching Trigger Points When one or more of the fishery performance indicators described have reached or exceeded their respective trigger point the Secretary will undertake the following actions 1 Notify the Minister the Giant Crab Fishery Advisory Committee and participants in

the fishery 2 Undertake an examination of

bull The status of the giant crab fishery at the State and regional levels via the performance indicators and any other indicator of the fishery or its stocks

bull A variety of management options which would start rebuilding the stock to above the trigger level within a single year and

bull The implications of such management options for the fishery 3 Consult with the industry and the community as appropriate on the development of

alternative management strategies 4 Report to the Minister and industry within three months of the initial notification

on the outcomes of the examination of the fishery and the proposed management options Under Part 3 of the Living Marine Resources Management Act 1995 the Minister may review the Management Plan undertake emergency changes to the rules or revoke the Plan and introduce an interim Management Plan

Reporting Fishers The giant crab catch and effort logbook program has been place since 1999 (prior to this catch and effort data was recorded in a general fishing logbook) The provision of log sheets on a monthly basis is mandatory Fishers cannot renew their giant crab licence unless all their log sheets have been submitted Giant crab fishers are required to complete a daily catch and effort log sheet by midnight for every day that fishing occurs Data collected includes date time depth position and number of traps set date and time traps were hauled number of male and female crabs retained number of undersize crabs discarded number of legal size discarded and number and weight of crabs unloaded There have been no changes to the logbook between the first Department of the Environment and Heritage (DEWHA) assessment of the fishery in 2003 until March this year when a number of additional data fields were incorporated Additions included protected species interaction numbers of fish placed in a fish cauf and markers to indicate which sets contributed to each unloading The record of discards was also expanded to collect data on numbers of over size male discards and numbers of berried and un-berried females discarded From 1 March 2006 the discard section was made voluntary instead of mandatory

DPIW The Rural and Marine Industry Profiles (1999 2003 2004) are a comprehensive guide to Tasmanias animal plant fisheries and organics industries The Tasmanian Marine Industry Profiles are a comprehensive guide to the wild fisheries and the aquaculture

Appendix A 263

sector Each profile includes the industry structure economic data Government inputs and involvements objectives for the future and topical issues

Research A research program is under way mainly by researchers of the Tasmanian Aquaculture and Fisheries Institute Marine Laboratories at Taroona There are several areas for this research

bull To monitor the fishery via the collection and processing of catch and effort returns provided by commercial fishers

bull Coordination of voluntary collection of length-frequency data by commercial fishers to provide population parameters for stock assessments including - annual changes in the size structure of the giant crab population - to improve existing growth estimates

bull To assess the fishery using research data in conjunction with developing a mathematical stock assessment model including the analysis of risk associated with alternative harvest levels and

bull To understand the giant crab habitat and ecosystem including the assessment of the vulnerability of habitat damage by trawl and trap fishing gears

The second significant FRDC project which addresses DEWHA recommendation 2d (further research on ecosystem and habitat) and may provide data relevant to this section of the assessment report is FRDC project 2004066 lsquoUnderstanding shelf break habitat for sustainable management of fisheries with spatial overlaprsquo (this project will be referred to as FRDC project lsquounderstanding shelf break habitatrsquo ) The project is due to be completed by the end of 2006 This is a collaborative project between CSIRO and TAFI addressing issues of habitat structure and fishery interactions in the shelf-break zone (180-400 m) Objectives of this project are to

bull Evaluate the vulnerability of shelf-edge habitat to damage by trawl and trap fishing gears

bull Detail the distribution of exploited shelf-edge species in relation to habitat features

bull Define and map key habitats on the shelf edge (~80-180 fm) at key locations around Tasmania where fisheries using different gear types interact

bull Evaluate ecosystem links within habitats specifically trophic temperature and current flow links and

bull Evaluate our ability to use video to obtain fishery independent stock assessment information such as abundance sex ratio condition and size of target species

Full assessment of the results of this project and any implications for the management of the crab fishery will be considered in 2007

Consultation Ongoing stakeholder involvement in the management of the Giant crab fishery is through the expertise based Crustacean Fisheries Advisory Committee (CFAC) This

264

committee is appointed by the Minister under the Living Marine Resources Management Act 1995 to provide advice about the management of the Giant crab fishery The committee is comprised of three industry members nominated by the TRLFA a representative of the Tasmanian Fishing Industry Council (TFIC) a rock lobster fisher not on the TRLFA board two giant crab fishers (one with 15 + quota units) the executive officer of the TRLFA two processing sector representatives the DPIW fishery manager a TAFI research representative a Marine Police representative the DPIW Chief Fisheries Investigations Officer a conservation community representative nominated by the Tasmanian Conservation Trust There is an independent chairperson and the executive officer is provided by DPIW ndash 17 persons in total The committee meets four to five times per year and the term of appointment is for two years The Crustacean Research Advisory Group (CRAG) provides strategic research planning advice for the rock lobster and giant crab fisheries to the Tasmanian Aquaculture and Fisheries Institute (TAFI) and the Tasmanian Fisheries Research Assessment Board The CRAG is appointed by the Director of TAFI This group includes research scientists from TAFI CSIRO and the Australian Maritime College the commercial and recreational fishery managers commercial and recreational representatives and one conservation community representative The group meets one to two times per year The Crustacean Fisheries Assessment Working Group includes TAFI research scientists the commercial and recreational fishery managers commercial and recreational representatives This group provides advice to TAFI DPIW and the CFAC relating to the assessment of the fishery and the total allowable catch The group meets one to two times per year

Reportssupporting documentation The Giant Crab Policy Document 1999 Tasmanian Marine Protected Areas Strategy August 2001

References TAS DPIW submission to DEWHA Assessing the Ecological Sustainability of the Tasmanian Giant Crab fishery A draft report prepared for the Department of Environment and Heritage as required for assessment against the Guidelines for the Ecologically Sustainable Management of Fisheries for the purposes of Part 13 and Part 13A of the Environment Protection and Biodiversity Conservation Act 1999 (April 2006) prepared by Hilary Revill Tasmania Department of Primary Industries and Water DEWHA assessment Assessment of the Tasmanian giant Crab Fishery (July 2006) Australian Government Department of the Environment and Heritage

Appendix A 265

Legislation Commonwealth legislation

bull Environmental Protection and Biodiversity Conservation (EPBC) Act 1999 TAS State legislation

bull Tasmanian Living Marine Resources Management Act 1995 bull Fisheries (Giant Crab) Rules 2006 bull Living Marine Resources Management Act 1995 bull Fishing (Licence Ownership and Interest) Registration Act 2001 bull Marine Farming Planning Act 1995 Regulations bull Fisheries (General and Fees) Regulations 2006 bull Fisheries (Infringement Notices) Regulations 2001 bull Fisheries Penalty Regulations 2001 bull Fishing (Licence Ownership and Interest) Registration (Fees) Regulations 2002

and bull Marine Farming Planning Regulations 1996

Orders bull Fisheries (Research Area) Order 2005 bull Fisheries (Research Area) Order 1996 and bull Fisheries (Value of Fish) Order 1997

Management

bull Fisheries Rules 1999 bull Fisheries (Giant Crab) Rules 2006 (managed under a management plan) and bull Fisheries (Processing and Handling) Rules 2001

Others

bull Assessment of the Tasmanian giant Crab Fishery (July 2006) Australian Government Department of the Environment and Heritage (Overall assessment pgs 7-8)

bull The rural and Marine Industry profiles (199 2003 2004) bull Gardner C (2006) Faunal Catalogue FRDC project 2004066 Understanding

shelf break habitat for sustainable management of fisheries with spatial overlap Unpublished report Tasmanian Aquaculture and Fisheries Institute University of Tasmania

bull Punt and Kennedy (1997) missing in assessment report130 and bull FRDC 2001049 entitled Developing the tools for long-term management of

the giant crab resource Data collection methodology stock assessment and harvest strategy evaluation

266

Part 2 DEWHA Assessment 3Giant Crab Fishery 3Department of the Environment and Heritage assessment report (July 2006)

The assessment

bull Department of the Environment and Heritage assessment report (October 2003) bull 3Department of the Environment and Heritage assessment report (July 2006) bull 3Accreditation of a Plan of Management for the Purpose of Part 13 ndash 14 July

2006 bull 3Accreditation of a Plan of Management for the Purpose of Part 13 (21 July

2003) bull 3Declaration of a Wildlife Trade Operation ndash Gazetted on Monday 28 July 2003

S290 bull 3Declaration of an approved Wildlife Trade Operation ndash Gazetted on Tuesday 18

July 2006 S139 bull 3Amendment of List of Exempt Native Specimens- Gazetted Wednesday 20

October 2004 GN 42 bull 3Ministerial decision and recommendations (21 July 2003) bull 3Ministerial decision and recommendations (14 July 2006) bull 3Agency submission on ecological sustainability (May 2006) bull 3Agency submission on ecological sustainability (November 2002) and bull Invitation to comment on agency submission (May 2006) closed 2 June 2006

DEWHA assessment

Assessment of the Tasmanian giant Crab Fishery (July 2006) Australian Government Department of the Environment and Heritage (Overall assessment pgs7-8) The material submitted by DPIW demonstrates that the management arrangements for the TGCF meet most of the requirements of the Australian Government Guidelines for the Ecologically Sustainable Management of Fisheries Some changes to the TGCF management arrangements have occurred since the fishery was first assessed by DEWHA in July 2003 While progress has been made across a range of issues a number of commitments prepared in the initial assessment of the fishery in 2003 including a number of recommendations arising from the assessment do not appear to have been fully implemented by DPIW These include the implementation of performance indicators and trigger points relating to legal size biomass and egg production a system to validate byproduct data undefined longer term sustainable yield and biomass levels for giant crabs creating some uncertainty as to the appropriateness of the existing TAC level and a lack of bycatch monitoring and validation While this will not affect the immediate sustainability of the target species these issues and recommendations need to be addressed for the longer term sustainability of giant crab stocks A size-based stock assessment model for giant crabs has been developed by DPIW as part of the FRDC funded project While this is a significant step in providing the biomass of giant crabs is maintained at ecological viable levels the model is still under development and uncertainties discussed later in this report still remain In light of a

Appendix A 267

number of these concerns DPIW have advised that the development of a new strategic policy document incorporating a review of existing trigger points and performance indicators and the development of new indicators will commence towards the end of 2006 While the fishery is relatively well managed DEWHA has identified a number of risks and uncertainties that must be managed to ensure their impacts are minimised

bull Longer term sustainable yield and biomass levels for giant crabs not defined creating some uncertainty as to the appropriateness of the existing TAC level

bull Lack of byproduct data validation bull Lack of bycatch monitoring and validation and bull Lack of monitoring general ecosystem impacts

The operation of the fishery is consistent with the objects of Part 13A of the EPBC Act DEWHA therefore recommends that the fishery be declared an approved WTO Specifically the WTO declaration would allow the export of product from the fishery for a period of three years The WTO declaration will require annual reporting on the progress of implementing the conditions and recommendations of this report and other managerial commitments As the official fishery area encompasses Commonwealth as well as State waters consideration under Part 13 of the EPBC Act is required regarding the impact of the fishery on listed threatened species listed migratory species cetaceans and listed marine species The TGCF in force under the Fisheries (Rock lobster and Giant crab) Rules 2001 was accredited under sections 208A 222A 245 and 265 of the EPBC Act in 2003 when it was first assessed However the rules were changed under the relevant legislation now outlined in the Fisheries (Giant Crab) Rules 2006 Due to this change in the management regime consideration under Part 13 of the EPBC Act is required regarding the impact of the fishery operating under the Fisheries (Giant Crab) Rules 2006 on listed threatened species listed migratory species cetaceans and listed marine species A number of protected wildlife species occur in the fishery area including marine turtles seals cetaceans and seabirds however the fishery has minimal interaction with these species A revised logbook was implemented into the TGCF in March 2006 which now includes a component on protected species to assist with data collection From 2003 ndash 2006 there were no recorded interactions with any protected wildlife species directly linked to the TGCF DEWHA considers that the fishery is unlikely to have an unacceptable impact on protected species Based on this assessment the following conditions to the WTO declaration and recommendations have been made with regards to the management of the fishery which will be monitored and reviewed as part of the next DEWHA review of the fishery in three years time

268

Ministerial decision (14 July 2006)

The submission has been assessed for the purposes of the protected species provisions of Part 13 and the wildlife trade provisions of Part 13A of the EPBC ActThe Tasmanian Giant crab fishery was assessed by Environment Australia and declared approved as a Wildlife Trade Operation in July 2003 subject to conditions in accordance with Part 13A of the EPBC Act A second assessment for the purposes of Part 13 and Part 13a was submitted in April 2006 invitations for comment closed 2 June 2006 In addition to the conditions to the WTO declaration DPIW have agreed to a number of recommended actions focusing on addressing key issues outstanding from the last assessment to be implemented before the next Australian Government review of the fishery Performance against the Australian Government Guidelines for the Ecologically Sustainable Management of Fisheries is adequate however there are a number of issues outstanding from the first assessment of the fishery that need to be addressed to contain environmental risks in the longer term Hence the Minister declared the fishery an approved Wildlife Trade Operation (WTO) under Part 13A of the EPBC Act This declaration would allow the export of product from the fishery for the next three years The declaration subject to the conditions and recommendations below Conditions Conditions on the Approved Wildlife Trade Operation Declaration for the Tasmanian Giant Crab Fishery (TGCF)

1 Operation of the TGCF will be carried out in accordance with the management regime in force under the Living Marine Resources Management Act 1995

2 The Tasmanian Department of Primary Industries and Water (DPIW) to advise the Department of the Environment and Heritage (DEWHA) of any material change to the TGCF management arrangements that could affect the criteria on which Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) decisions are based within three months of that change being made

3 Reports to be produced and presented to DEWHA annually and to include

bull Information sufficient to allow assessment of the progress of DPIW in implementing the recommendations made in the Assessment of the Tasmanian Giant Crab Fishery 2006

bull A description of the status of the fishery and catch and effort information

bull A statement of the performance of the fishery against objectives performance indicators and measures once developed and

bull Research undertaken or completed relevant to the fishery

4 DPIW by the end of July 2007 to develop a strategy that provides for defining and monitoring robust target levels of sustainable yield and biomass for giant crab stocks in the TGCF The strategy should include provisions to review and minimise the impacts of discarded giant crabs and review and address any requirements for additional giant crab assessment and monitoring data

Appendix A 269

Recommendations DPIW should action these recommendations before the next review in 2009 or within the timeframe specified in individual recommendations

1 Within 18 months DPIW to develop and implement a program for reporting byproduct species taken in the fishery and develop measures to periodically validate byproduct species taken in the TGCF DPIW to also develop and implement preliminary performance measures for key byproduct species within two years

2 DPIW to implement within 18 months measures to monitor changes in the composition and quantity of bycatch species The effectiveness of these measures should be periodically reviewed to ensure the validity of bycatch estimates

3 DPIW in collaboration with industry to continue to encourage and monitor the adoption of the environmental code of practice the lsquoClean Green Programrsquo in particular those measures that minimise the impacts of trap loss and potential ghost fishing

4 DPIW to continue to collaborate with AFMA and implement measures to mitigate against impacts of harvest of and incidental damage to giant crabs and their habitat by trawling activity in the TGCF In particular DPIW to consult further with AFMA to ensure accurate reporting by Commonwealth trawl operators of giant crab catch from the area of the TGCF for inclusion in the stock assessment and TAC setting processes

270

Victorian fisheries bull 3Abalone Fishery addressed

guidelines bull 3Eel Fishery addressed guidelines bull 3Giant Crab Fishery addressed

guidelines bull 3Jellyfish Fishery developmental

fishery management plan bull 3PQ Aquatics management

arrangements open for comment until 271106

bull 3Rock Lobster Fishery addressed guidelines

bull 3Scallop Fishery statement of management arrangements and bycatch monitoring report

bull 3Sea Urchin Fishery statement of management arrangements

VIC DPI submissions to DEWHA

The submissions to DEWHA varied as outlined above For those that addressed the guidelines only the ecological components were considered For the Abalone fishery the ecological economic social and governance components were considered

The VIC 3Abalone Fishery an example Part 1 provides a summary and details of the VIC (DPI) agency submission on ecological sustainability to DEWHA Part 2 provides summary information of DEWHA assessment of the fishery and the Ministerial decision conditions and recommendations

Part 1 VIC (DPI) submission to DEWHA (April 2001) Submission for the purposes of the protected species provisions of Part 13 and the wildlife trade provisions of Part 13A of the EPBC Act The following information is from the report Assessment of the Victorian Abalone Fishery against Guidelines for the Ecologically Sustainable Management of Fisheries (April 2001) prepared by the Victorian Department of Natural Resources and Environment Other relevant information that is included is sourced from the TAS (DPIW) fisheries web documents and in each case source references are provided

A summary of the VIC (DPI) submission to DEWHA is provided in the table below and then in more detail under the same headings This is followed by other TAS (DPIW) supporting documents and reports and references for this section Legislation Commonwealth legislation Environmental Protection and Biodiversity

Conservation (EPBC) Act 1999 State legislation The Fisheries Act 1995

Management Management plans and regulations Abalone Management Plan (March 2002) Codes of practice No Harvest strategies Target quotas legal minimum lengths limited

Appendix A 271

entry annual TAC is determined for each zone Spatial management Zoning and seasonal closure for greenlip abalone

Assessment

Stock assessment Blacklip A fishery assessment model has been developed for blacklip abalone that incorporates reported catch catch rates (optional) and independently estimated abundance The model needs to account for all mortality including landed (illegal legal and recreational) discarding high grading and mortality during discarding Greenlip estimate of absolute abundance was made from the 1998 surveys MAFRI undertakes annual surveys of abalone communities at 150 fixed locations across breadth fishing grounds

EIS No

Risk assessment Blacklip A risk-based approach is adopted that incorporates the uncertainty in estimates of current and predicted stock status into the decision-making process The risk framework provides for robust assessments of the consequences of alternative management strategies on the relative biomass of exploited abalone populations

Economic components Catching production and economic efficiency

Social components Equitable distribution

Governance Costs compliance and co-management

Monitoring and performance Monitoring The Abalone Fishery Committee (AFC) will

monitor the performance of the fishery annually as a complement to its role in TAC setting This monitoring will be based largely on reports covering each of the ecological economic social and governance dimensions of the fishery

Performance indicators and trigger points Objectives performance indicators trigger points for ecological economic social and governance Reference points were not applicable for many of the objectives either for reasons of utility or practicality

Observer program MAFRI on-board observer program Reporting Fishers Data include daily commercial catch weight (kg)

of blacklip and greenlip abalone and effort (min) for each operator at a scale of reef complexes small bays and headlands This reporting is a mandatory component of the Abalone Quota Management System administered by Fisheries Victoria

VIC DPI MAFRI observer reports MAFRI assessment reports

Research

Research Research and development is an important component of the abalone fishery management process and includes the ecological economic

272

social and governance components

Consultation

The CAFC to be renamed the Abalone Fishery Committee (AFC) THE CAFC is a committee established by the Fisheries Co-management Council to carry out the functions of a fishery committee under Part 6 of the Fisheries Act 1995

Abalone Fishery Advisory Group

VIC (DPI) submission to DEWHA in more detail

Legislation Acts Commonwealth legislation

bull Environmental Protection and Biodiversity Conservation (EPBC) Act 1999 State legislation

bull The Fisheries Act 1995

Management

Plans and regulations

The Victorian abalone fishery is operated under a management regime that is described-in detail in the Abalone Management Plan (March 2002) This is a five year plan after which it will be subject to review This report is necessarily consistent with the operational objectives of the draft management plan that in-turn complies with provisions of the Victorian Fisheries Act (1995) The Victorian Fisheries Act under Part 3 Management Plans section 28 Management plans clause (6) states that a management plan must (e) as far as is known identify critical components of the ecosystem relevant to the plan

and current or potential threats to those components and existing or proposed preventative measures and

(f) specify performance indicators targets and monitoring methods Subclause (f) accords with Principle 1 of the EA guidelines and similarly subclause (e) accords with Principle 2 The objectives of the Draft Abalone Management Plan were developed in accordance with the Victorian Fisheries Act (1995) Environment Australia guidelines and the ESD framework proposed by the Standing Committee on Fisheries and Aquaculture The objectives form an integrated package with those concerned with ensuring sustainability of the abalone resource and associated ecosystem having paramount importance With this in mind the objectives to be pursued will be as follows

Appendix A 273

Ecological objectives bull Productive capacity of stocks sustained into the future at low levels of risk bull Ecosystem health (including genetic integrity of abalone) not jeopardised by

abalone fishery practices and bull Management responsive to changes in ecosystem health

Economic objectives bull Opportunities for commercial production fully utilised bull Commercial production economically efficient and bull Commercial production directly enhanced through appropriate activities

(including aquaculture ranching enhancement and access to stunted stocks)

Social objectives bull Equitable assignment of productive capacity between commercial recreational

indigenous and non-exploitative uses bull Recognition of past access by indigenous Australians and bull Appropriate community return where there is commercial use of publicly owned

abalone stocks and habitats

Governance objectives bull Management which is cost-effective and transparent bull Recovery of the attributable costs of management including research and

compliance bull Stakeholders and government fisheries administration sharing responsibility and

involvement in management bull Compliance targets for licensed sectors of the fishery achieved and monitored

and bull Illegal activities prevented and targets for reduction of theft monitored and

achieved

Co-management arrangements

The co-management process involves the Minister receiving advice from three groups of entities The first group comprises the peak bodies Seafood Industry Victoria (SIV) Victorian Aquaculture Council (VAC) Victorian Recreational Fishing Peak Body (VRFish) and Victorian National Parks Association (VNPA) The next group comprises the Fisheries Co-Management Council (FCC) and its Fishery Committees of which the most important in the context of this fishery is the Commercial Abalone Fishery Committee (CAFC) The latter normally submits its advice through the FCC but may also advise the Minister directly on matters relating to a proposed fisheries notice The third group is the government agencies which includes the Department of Natural Resources and Environment (NRE) of which Fisheries Victoria (FV) is a Division

Harvest strategies

The target species are managed through quota units legal minimum lengths and limited entry

274

Spatial management

The Victorian Government has jurisdiction over the Victorian abalone fishery under an Off Shore Constitutional Agreement with the Commonwealth Government The commercial fishery is divided into three zones The Eastern Zone is all Victorian waters east of longitude 148o East (Lakes Entrance) The Western Zone is all Victorian waters west of longitude 142o31 East (Hopkins River mouth) The Central Zone is all Victorian waters between 142o31 East and 148o East These are depicted in the above map There is no zonation of the recreational fishery Abalone Fishery Access Licence (AFAL) It entitles the holder to take abalone for sale to use or possess commercial abalone equipment and to have other persons carry out activities authorised under the licence in the zone specified in the licence The number of AFALs is restricted by Ministerial direction to 71 comprising 23 in the Eastern Zone 34 in the Central Zone and 14 in the Western Zone There is an automatic right of renewal of an AFAL with the only exception being in the event of a serious offence under the Act The renewals occur annually A total allowable catch (TAC) is determined for each zone These may be adjusted annually A closed season for greenlip abalone applies from October 1 to March 31 for both commercial and recreational users

Assessment

Stock assessment

Target In contrast with past quota management arrangements the Draft Plan provides for separate management of blacklip and greenlip abalone stocks Annual Fishery Assessment reports for both blacklip and greenlip abalone are published by the Marine and Freshwater Resources Institute and distributed to all stakeholders to ensure that management advice is transparent and that the community is fully informed about the current and predicted future status of the resource Both fishery dependent and fishery independent data are collected as part of the fishery assessment process administered by MAFRI Comprehensive tagging studies are also implemented to estimate key population parameters required for fishery assessment The legal instrument for managing resource harvesting and quota ownership will cease to be the Abalone Fishery Access Licence (AFAL) Instead there will be two instruments and hence a separation of the right to harvest abalone from the right to own quota units The holder of a harvesting entitlement will be required to also hold a quota ownership Blacklip abalone A fishery assessment model has been developed for blacklip abalone that incorporates reported catch catch rates (optional) and independently estimated abundance The model needs to account for all mortality including landed (illegal legal and recreational) discarding high grading and mortality during discarding The model is

Appendix A 275

highly dependent on spatially variable growth natural mortality and recruitment parameters The recruitment parameters incorporate the reproductive capacity of the populations modelled and stochasticity is introduced into the recruitment function to reflect natural variation associated with environmental fluctuations The model is dynamic and can accommodate density dependence and depensatory effects Greenlip abalone Although the current fishery model used for blacklip abalone could be applied to greenlip populations given sufficient data in the absence of a fishery independent time series of abundance an estimate of absolute abundance was made from the 1998 surveys These stratified random surveys were much more intensive than for blacklip and densities of greenlip abalone were scaled to the digitised areas of their reef habitats contained in the MAFRI GIS A combination of exploitation rates estimated for blacklip abalone and sensitivity analysis using the uncertainty in density estimates was used to determine possible sustainable catches Quotas for the fishery are set annually by the Minister acting on advice of the Fisheries Co-management Council This advice is based largely on assessments of the fishery completed by the Abalone Fishery Assessment Group at MAFRI This Group involves stakeholder representatives from each relevant peak body The assessments depend heavily on model outputs in the first instance and secondly on verification of these outputs in terms of model assumptions reliability of inputs and any external indicators of stock status Greenlip abalone Currently separate management arrangements for greenlip abalone only include a six month seasonal closure during the spring-summer spawning period and a larger LML of 130 mm that applies throughout the state To date greenlip abalone have been taken commercially as part of the same TAC applied to blacklip abalone The Draft Management Plan recommends separate arrangements be effected by an amendment to the Fisheries Act 1995 Byproduct Greenlip abalone has essentially been a byproduct species since the late 1970s Reported catches of greenlip abalone during the entire history of abalone fishing in Victoria have never exceed 5 of the total catch and for the past decade have been less than 1 The Draft Management Plan recognises that this species was probably over-fished two decades ago and as indicated by the 1998 assessment has not recovered The estimated potential productivity is regarded as insufficient to sustain a commercial fishery Consequently a commercial TAC of zero is recommended in the Draft Management Plan Bycatch The Victorian abalone fishery is target-specific and has no bycatch

276

TEP The Victorian abalone fishery is target-specific and has no apparent direct effects on any threatened or protected species or threatened ecological communities and no known indirect effects Habitat There is no physical damage to the substrate that can be ascribed to the fishing activity Abalone fishing operations take place from relatively small runabout boats (Gorfine and Dixon in-press) As with any small boating activity there is some potential for anchor damage to the substrate and benthic organisms however in temperate rocky reef systems this is negligible in terms of the ecosystem as a whole Ecosystems The Abalone Assessment Sub-program conducted by MAFRI undertakes annual surveys of abalone communities at 150 fixed locations across the breadth of the fishing grounds (Gorfine and Dixon 2000) In addition to these surveys the Marine Strategy Unit of the Victorian Department of Natural Resources and Environment surveys species diversity and abundance at fixed sites within Marine Protected Areas (MPAs) as part of an Environmental Inventory Program Whilst the former surveys are specifically directed towards the sustainability of abalone populations the latter are more broadly focused and concerned with entire ecosystem

Risk assessment

Blacklip abalone Assessments are made annually in accordance with requirements of the Draft Management Plan for providing TAC advice to the Minister under the Fisheries Act 1995 A risk-based approach is adopted that incorporates the uncertainty in estimates of current and predicted stock status into the decision-making process The risk framework provides for robust assessments of the consequences of alternative management strategies on the relative biomass of exploited abalone populations In addition the process is sufficiently flexible to allow managers to explore the effects of various assumptions about how the fishery operates in an iterative fashion The fishery assessment process is holistic and whilst the current fishery model is a pivotal tool it is only one of a range of informative mechanisms used to determine the status of the fishery Annual assessments include a review of methodology and data requirements and consideration of changes in abundance of species other than abalone

Economic social and governance

See performance indicators and trigger point below

Appendix A 277

Monitoring and performance

Monitoring

The Abalone Fishery Committee (AFC) will monitor the performance of the fishery annually as a complement to its role in TAC setting This monitoring will be based largely on reports covering each of the ecological economic social and governance dimensions of the fishery The reports are to be prepared by the relevant staff in the Victorian Department of Natural Resources and Environment Any observational evidence provided directly by the industry members of AFC is also to be utilised All material will be made available to AFC by the end of November one month before submission of the TAC and LML recommendations to the Minister The fishery monitoring information in the reports is to include the data items listed below and other information considered necessary by AFC Where appropriate this information will be provided for the whole fishery and separately for each of the zones and sub-zones comprising the fishery Following examination of the reports AFC will prepare a brief fishery performance summary for submission to the Minister This will be submitted together with its advice from the TAC setting process Ecological Economic Social Governance MAFRI model projections Exploitation rate Exploited biomass (t) Fishing effort (diver hr) Mature biomass (t) CPUE (kgdiver hr) Egg number (population fecundity) Catch by reef (tyr) Length composition(cm) Ecological health indices

Catch weight (t) commercial Wages ($) Catch value ($) Commercial Fixed costs ($) Average price ($kg) Management cost recovery ($) Investment ($) Total costs ($) Operating costs ($) Fishery profit ($)

Catch weight (t) recreational indigenous usage Catch weight (t) commercial Community return ($) Access licence holders (no) Community return catch value () Harvesters (no) Community return fishery profit ()

Total management costs ($) Case management effort (hr) Management costs recovery ($) Offences by type (no) Costs recoverytotal management costs ($) Compliance rates () Costs recoverycatch value () Costs of enforcement($) Costs recovery fishery profit () Catch weight (t) illegal Quality inspections (hr amp no)

Harvesting of abalone is highly selective very little by-catch is taken and physical disturbance of the substrate is negligible Fishing occurs mainly in oceanic high-energy waters free from pollutants Hence negative ecosystem effects from harvesting wild stocks seem unlikely Nevertheless there have been localised population increases of natural competitors and predators that remain to be explained The introduction of exotic species poses a potential threat There is also the possibility of disease to wild stocks and loss of genetic integrity from aquaculture and ranching MAFRI staff will undertake ecosystem monitoring in conjunction with the annual fishery independent surveys This will involve research divers recording the abundance of known competitor and predator species substrate food organisms and shelter species

Performance indicators and trigger points

Performance indicators are quantities to be measured in order to track the status of the

278

fishery relevant to the objectives Target reference points represent the status that management wishes to achieve while trigger reference points indicate that the status may be unacceptable to the extent that immediate remedial action is required The following suite of performance indicators and reference points associated with the above fishery objectives will be applied Reference points were not applicable for many of the objectives either for reasons of utility or practicality In these cases only the performance indicator is provided

App

endi

x A

279

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280

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281

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282

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Appendix A 283

Reporting Fishery Dependent These data include daily commercial catch weight (kg) of blacklip and greenlip abalone and effort (min) for each operator at a scale of reef complexes small bays and headlands This reporting is a mandatory component of the Abalone Quota Management System administered by Fisheries Victoria In addition MAFRI undertakes commercial catch sampling and the worldrsquos only on-board observer program for abalone The commercial catch sampling provides the size structure and reproductive condition of the catch and the on-board observation provides instantaneous catch rates and insights into diver behaviour including their harvesting techniques and dive depth profiles On-board observers also interview divers about their observations and perceptions regarding the ecosystem at each site dived Initiatives are underway for introducing finer scale spatial reporting and the counting and measuring of all abalone in the catch using digital technology Fishery Independent One of the advantages of abalone compared with other fisheries is the opportunity to observe populations directly during underwater surveys Blacklip abalone MAFRI conducts a comprehensive annual survey of blacklip abalone at 150 fixed locations distributed across the commercial abalone fishing grounds in Victoria Relative abundance of abalone is estimated from transect counts timed collections and nearest-neighbour distances for random samples within each location The timed collections also provide independent estimates of abalone shell length frequency for the surveyed populations Fisheries Victoria Assessment reports compiled by Abalone Stock Assessment Group

Research (source Victorian Abalone Fishery Management Plan (March 2002) Research and development is an important component of the abalone fishery management process There has been a considerable investment in abalone research in Victoria as well as other Southeast Australian states The combined expertise and facilities of these states ensures by fisheries standards that the abalone resource is well understood and monitored Optimum utilisation of the resource occurs when the fishery objectives are achieved and the more refined management to achieve this requires information in the following categories Fisheries biology and assessment to improve the current understanding of stock dynamics This information relates to

bull Further development and refinement of existing stock assessment models bull Development of more refined indices which reflect the dynamics of the

populations and bull Better understanding of temporal and spatial aspects which will allow for

management on a more refined spatial scale than is currently the case

284

Optimum resource utilisation needs to be achieved with due regard to the impacts of harvesting on the habitat of abalone This requires an understanding of

bull Meaningful environmental sustainability indicators and bull The interaction between abalone and potential benthic competitors and the

impact of abalone harvesting on these relationships

Information on the economic and social ramifications of trends in the fishery and how management actions impact on the economic efficiency and social benefits associated with the harvesting of the abalone resource is important The research and development needs to achieve this aspect of optimum utilisation include

bull Economic assessment and monitoring of the industry bull Better understanding of the economic and social aspects of the catching

processing and recreational sectors as well as the impact of resource theft and bull Monitoring of the efficacy of management in achieving optimal utilisation

Consultation The management regime is documented in the Victorian Abalone Fishery Management Plan (April 2002) The Plan stems from extensive consultation via a Reference Group convened from among all stakeholders in the community The CAFC is a committee established by the Fisheries Co-Management Council to carry out the functions of a fishery committee under Part 6 of the Fisheries Act 1995 When the Minister requests the advice of a fishery committee the committee responds directly to the Minister with a copy of the request and the advice to the FCC The CAFC to be renamed the Abalone Fishery Committee (AFC) will be the cornerstone for co-management related to TAC setting and other matters Its membership will be expanded to include persons with appropriate expertise from the FCC Recreational Fishery Committee and the FCC Research Committee This will ensure that when dealing with abalone TAC and other issues the AFC will have the full range of expertise required to undertake this important task The Abalone FAG provides a process for bringing together scientists with a range of skills resource users and resource managers for the purpose of advising on methodology synthesis of information interpreting outputs and for giving technical and scientific advice for use in managing the abalone fishery Participants include

bull MAFRI scientists directly involved in abalone research and assessment bull Scientists with special expertise in abalone biology and fishery stock

assessment bull Fisheries Victoria bull Abalone Fishery Committee bull Industry including SIV zonal abalone associations (harvesters quota owners

and processors) and aquaculture interests bull Victorian recreational fishing peak body bull Conservation peak body (Victorian National Parks Association) and bull NRE coastal regions

Appendix A 285

Functions 1 Improve scientific input into stock assessment of Victorias abalone fishery 2 Interpret assessment outputs for utilisation in the management of the fishery 3 Encourage direct stakeholder participation in the stock assessment processes 4 Provide a forum for planning future abalone stock assessment and other research

needs and priorities 5 Prepare annual Abalone Fishery Assessment Reports and associated scientific

advice

Supporting documentsreports (VIC DPI) The Fisheries Victoria Positioning Statement 2006 ndash 2010 outlines Fisheries Victorias vision and identifies strategic directions forming a framework that can help resolve the challenges facing Fisheries Victoria

References VIC DPI submission to DEWHA Submission to Environment Australia Assessment of the Victorian Abalone Fishery against Guidelines for the Ecologically Sustainable Management of Fisheries (April 2001) prepared by the Victorian Department of Natural Resources and Environment DEWHA assessment Assessment of the Victorian Abalone Fishery (July 2003) Australian Government Department of Environment and Heritage Legislation Commonwealth legislation

bull EPBC Act 1999 VIC State legislation

bull The Fisheries Act 1995

Management

bull Victorian abalone fishery management plan (April 2002) State Government Victoria Department of Natural Resources and Environment

bull Gorfine HK and Walker TI (eds) (1997) Abalone 1996 Fisheries Victoria Assessment Report No 9 Compiled by Abalone Stock Assessment Group (Fisheries Victoria East Melbourne)

bull Gorfine H K and Dixon D (Eds) (2000b) Greenlip Abalone ndash 1999 Fisheries Victoria Assessment Report Series No 26 47 pp (Marine and Freshwater Resources Institute Queenscliff) and

bull Gorfine H K and Dixon D (Eds) (2000a) Abalone ndash 1999 Compiled by the Abalone Fishery Assessment Group Fisheries Victoria Assessment Report Series No 27 89 pp (Marine and Freshwater Resources Institute Queenscliff)

286

Other Mercer J (2001) Conditioning Australian Abalone Broodstock Best Practice Manual Marine and Freshwater Resources Institute Report No 17 Marine and Freshwater Resources Institute Queenscliff

Part 2 DEWHA Assessment

The assessment

bull 3Department of the Environment and Heritage assessment report (July 2003) bull 3Accreditation of a plan of management for the purposes of Part 13 (21 July

2003) bull 3Amendment of list of exempt native specimens ndash Gazetted on Wednesday 30

July 2003 GN 30 bull 3Ministerial decision (21 July 2003) and bull 3Agency submission on ecological sustainability (April 2001)

DEWHA assessment

Assessment of the Victorian Abalone Fishery (July 2003) Australian Government Department of Environment and Heritage (Overall assessment pgs 6-7) The material submitted by Fisheries Victoria indicates that the fishery operates generally in accordance with the Commonwealth Guidelines for the ecologically sustainable management of fisheries As the principal fishery area occurs in Commonwealth waters consideration under Part 13 of the EPBC Act is required regarding the impact of the fishery on listed threatened species and threatened communities listed migratory species cetaceans and listed marine species While a number of protected species occur in the fishery area there is little indication from available information of any significant interactions with protected species EA is therefore satisfied that the operations of the fishery ensure that it is unlikely to have an unacceptable impact on protected species EA is also satisfied that in the event that interactions are detected Fisheries Victoria will ensure that all persons engaged in fishing are required to take all reasonable steps to minimise impacts EA recommends that this fishery be accredited under Part 13 of the EPBC Act The assessment concludes that the VAF is managed in an ecologically sustainable way EA recommends that the export of Haliotis rubra and H laevigata should be exempt from the export permit requirements of Part 13A of the EPBC Act with that exemption to be reviewed in five years To further strengthen the effectiveness of the management arrangements for the VAF and to contain the environmental risks in the medium to long term EA has developed a series of recommendations and made a number of suggestions The implementation of these and other commitments made by Fisheries Victoria in the submission will be monitored and reviewed as part of the next Commonwealth review of the fishery in five years time

Appendix A 287

Recommendations

1 Fisheries Victoria should inform Environment Australia of any future changes to the management regime of the Victorian Abalone Fishery

2 Abalone Fishery Committee to report on the performance of the fishery against fishery objectives performance indicators and reference points as part of the annual Fishery Assessment Report process

3 Fisheries Victoria to consult with other fishery agencies on the development and implementation of appropriate biological parameters and reference points for abalone harvesting and pursue with these agencies a national process for developing adopting and reviewing these indicators along with periodic review of respective abalone stock assessment processes

4 Abalone Fishery Committee to give priority to defining target biomass to produce the ecologically sustainable yield from the fishery within 3 years and review this estimate within the context of the annual stock assessment process

5 Fisheries Victoria to ensure reliable growth data across the various regions of the fishery is obtained as a high priority to ensure the effectiveness of existing management controls and continued sustainability of abalone stocks

6 Fisheries Victoria to investigate and establish over the next 3 years appropriate decision rules relevant to the regional-scale or sub-zonal management to prevent the potential serial depletion of abalone stocks

7 Fisheries Victoria to review within 3 years the effectiveness of beach weighing measures currently being implemented including any implications for the stock assessment process

8 Fisheries Victoria to take actions to improve the reliability of illegal catch estimates and establish and implement measures to achieve the reduction targets set out in the Victorian Abalone Fishery Compliance Strategy

9 Fisheries Victoria within 12 months to assess the extent of take and level of recreational abalone fishing with an emphasis on greenlip abalone impacts and implement additional management measures where necessary

10 Fisheries Victoria to ensure a full risk assessment on the ecological implications including disease and genetic impacts of artificial stock enhancement of abalone in Victorian reefs is completed before any reseeding program is undertaken

11 The Abalone Fishery Committee to give priority to the development of decision rules based on an identified list of indicator species to provide the basis for monitoring and responding to ecosystem changes

3Ministerial decision

The submission has been assessed in accordance with the protected species provisions of Part 13 and the wildlife trade provisions of Part 13A of the EPBC Act

I am satisfied that it is unlikely that fishing operations conducted in accordance with the management arrangements will adversely affect the conservation status of protected species or affect the survival and recovery of threatened species

288

The management arrangements for the Victorian Abalone Fishery meet the requirements of Part 13 of the Act and Minister proposed to accredit the management arrangements accordingly Accreditation will ensure that individual fishers operating in accordance with the management arrangements are not required to seek permits in relation to interactions with protected species in Commonwealth waters

The management arrangements for the fishery meet the Commonwealth Guidelines for the Ecologically Sustainable Management of Fisheries While there are some environmental risks associated with this fishery I believe that Fisheries Victoria is addressing them adequately Officers from our two departments have discussed some key areas requiring ongoing attention I understand that they have agreed to a number of recommended actions focusing on ensuring the continuation of good management practices to be implemented before the next Commonwealth review of the fishery These recommendations attached to the letter have been an important factor in my decision to exempt the fishery and I look forward to receiving your agreement to their implementation No recommendations attached see DEWHA assessment above

Appendix A 289

Western Australian Fisheries bull 3Abalone Fishery bull 3Abrolhos Island and Mid West

Trawl Managed Fishery bull 3Beche-de-mer Fishery bull 3Broome Prawn Managed

Fishery bull 3Cocos (Keeling) Islands Marine

Aquarium Fish Fishery bull 3Exmouth Gulf Prawn Fishery bull 3Kimberley Prawn Managed

Fishery bull 3Mackerel Fishery bull 3Marine Aquarium Fish Fishery bull 3Northern Demersal Scalefish

Managed Fishery bull 3Northern Developmental Blue

Swimmer Crab Fishery bull 3Octopus Fishery bull 3Onslow and Nickol Bay Prawn

Managed Fisheries bull 3Pearl Oyster Fishery bull 3Pilbara Trap Fishery bull 3Pilbara Trawl Fishery

bull 3Salmon Managed Fisheries bull 3Shark Bay Experimental Crab

Fishery bull 3Shark Bay Prawn Fishery bull 3Shark Bay Scallop Fishery bull 3Shark Bay Snapper Fishery bull 3South Coast Crustacean Fishery bull 3South Coast Trawl Fishery bull 3Specimen Shell Managed

Fishery bull 3Temperate Shark bull 3Tropical Shark bull 3Western Rock Lobster Fishery

(environmental economic and social aspects)

bull 3West Coast Deep Sea Crab Interim Managed Fishery

bull 3West Coast Purse Seine Managed Fishery and South Coast Purse Seine Managed Fishery

WA Fisheries submissions to DEWHA

The submissions address the EPBC guidelines and provide a performance report and an ecological risk assessment report

The WA Fisheries 3Western Rock Lobster Fishery an example Part 1 provides a summary and details of the WA Fisheries agency submission on ecological sustainability to DEWHA (October 2001) Part 2 provides summary information of DEWHA assessment of the fishery and the Ministerial decision conditions and recommendations

Part 1 WA fisheries submissions to DEWHA (October 2001) Submission for the purposes of the protected species provisions of Part 13 and the wildlife trade provisions of Part 13A of the EPBC Act The following information is from the report Application To Environment Australia On The Western Rock Lobster Fishery Against the Guidelines for the Ecologically

290

Sustainable Management of Fisheries For Continued Listing on Section 303DB of the Environmental Protection and Biodiversity Conservation Act 19991 (October 2001) Fisheries Western Australia Other relevant information that is included is sourced from the TAS (DPIW) fisheries web documents and in each case source references are provided

A summary of the WA fisheries submission to DEWHA is provided in the table below and then in more detail under the same headings This is followed by other WA Fisheries supporting documents and reports and references for this section Legislation Commonwealth legislation The Offshore Constitutional Settlement (OCS)

arrangements between Western Australia and the Commonwealth Government of 1995 Environmental Protection and Biodiversity Conservation (EPBC) Act 1999

State legislation Fish Resources Management Act 1994 (FRMA) Fish Resources Management Regulations 1995 (FRMR) Fisheries Notices amp Orders (Notices made under the Fisheries Act 1905 and Orders made under the FRMA)

Management Management plans The West Coast Rock Lobster Limited Entry

Notice 1993 made under the WA Fish Resources Management Act 1994 (the management plan) The WA Fish Resources Management Act 1994

Code of practice No Harvest strategies Licence limitation minimum size limits gear

restrictions Spatial management Spatial zones and temporal closures

Assessment

Stock assessment Annual assessment of target species using fishery independent surveys and on board monitoring monthly returns from commercial operators and annual estimates of recreational and indigenous harvest

EIS No

Risk assessment A formal ecological risk assessment that was conducted by independent consultants International Risk Consultants (see IRC 2001)

Economic components No but the SCFA ESD Component Report contains a comprehensive performance evaluation of the WRL fishery based upon the framework described in the Fisheries WA ESD policy (Fletcher 2001)

Social components No but the SCFA ESD Component Report contains a comprehensive performance evaluation of the WRL fishery based upon the framework described in the Fisheries WA ESD policy (Fletcher 2001)

Governance Performance report component tree management effectiveness arrangements compliance

Appendix A 291

allocation between users legal arrangements consultation

Monitoring and performance Monitoring Ongoing monitoring programs are supported by a

long history of research programs on the biology ecology and interactions of lobsters along the west coast of WA

Performance indicators and trigger points SCFA ESD Component Reports(see Section 5) contains the available objectives indicators and performance measures for measuring the effectiveness of the management arrangements for the WRL fishery For some components the objectives indicators and performance measures are well established and the data are available to demonstrate levels of performance over time For other components the objectives indicators and performance measures have only just been developed andor the necessary data collection is only just being initiated

Observer program On board observer program covering all zones times and depth ranges

Reporting Fishers Monthly returns voluntary daily logbooks WA Fisheries State of Fisheries Annual Report

Annual Reports to industry Research

Research The Performance reports for retained species non retained species the general environment and governance each provide information on supporting research for the Western Rock Lobster

Consultation

Rock Lobster Industry Advisory Committee (RLIAC) which is a statutory committee under legislation (S29 and S30 of the FRMA) and also from requested submissions from industry groups (eg WAFIC) other stakeholder groups (eg Recfishwest Conservation Council of WA) and the general public

WA Fisheries submission to DEWHA in more detail Environmental Assessment submissions to DEWHA (October 2001) Purpose Part 13 A and for continued listing on section 303DB of EBPC Act 1999 requirements under Part 13 A of the Environmental Protection and Biodiversity Conservation Act (1999) to enable the Western Rock Lobster (Panulirus cygnus) and other relevant byproducts of this fishery to remain on the section 303DB list of species exempt from export regulations (previously Schedule 4 of the Wildlife Protection (Regulation of Exports and Imports) Act 1982) past December 2003 The submission addresses the EPBC guidelines and provides a performance reports (as outlined below) and an ecological risk assessment report The application is based upon the ESD report for the WRL fishery This assessment examined the benefits and the

292

costs of the WRL fishery across all the major components of ESD In doing so it provides a report on the performance of the fishery for each of the relevant ecological economic social and governance issues associated with this fishery Because of the limited criteria used in the ldquoGuidelines for the Ecologically Sustainable Management of Fisheriesrdquo ndash only some elements of ESD are required to be reported here These are outline below Only those elements in bold are reported in this application A full ESD report covering all elements will be published SCFA ndash ESD components Contribution to Ecological Wellbeing

bull Retained Species bull Non-Retained Species bull Other Environmental Issues

Contribution to Human Wellbeing bull Indigenous Community Issues bull Community Issues bull National Social and economic Issues

Ability to Achieve bull Governance bull Impact of the environment on the fishery

There were four steps involved in completing the ESD report for the WRL fishery It was based upon using the SCFA process which is outlined in detail in the WA ESD policy paper 1 A set of ldquoComponent Treesrdquo that identified the issues specific to the WRL fishery

was developed from the 8 generic SCFA ndashESD component trees 2 A risk assessmentprioritisation process was completed that objectively determined

which of these identified issues was of sufficiently significance to warrant specific management actions and hence a report on performance Justifications for assigning low priority or low risk were however also recorded

3 An assessment of performance for each of issues of sufficient risk to require specific management actions was completed using a standard set of report headings where operational objectives indicators and performance measures management responses etc are specified

4 An overview assessment of the fishery was completed including an action plan for activities that will need to be undertaken to enable acceptable levels of performance to continue or where necessary improve the performance of the fishery

Legislation Acts Commonwealth legislation

bull The Fish Resources Management Act (FRMA 1994)

Appendix A 293

bull The Offshore Constitutional Settlement (OCS) arrangements between Western Australia and the Commonwealth Government of 1995 (originally developed in 1988) established that it is the sole responsibility of the State of Western Australia to manage the rock lobster fishery OSC arrangement ldquowas developed to simplify legal arrangement for the management of fisheries operating in both State and Commonwealth watersrdquo (Anon 1988) and

bull Environmental Protection and Biodiversity Conservation (EPBC) Act 1999

This OCS agreement jointly signed by Ministers Beddall for the Commonwealth Government and House for Western Australia prescribes that all rock lobster fishing (amongst other species) in Western Australia (which includes the WRL fishery) out to the limit of the AFZ is under the jurisdiction of WA This further simplified the management of the fishery from system prior to any OCS arrangements where jurisdiction was split between WA within 3 nm of the coast and the Commonwealth outside of this area These arrangements are supported using Part 3 of the FRMA relating to the Commonwealth State management of fisheries and Commonwealth Fisheries Management Act (1991)

State legislation bull Fish Resources Management Act 1994 (FRMA) bull Fish Resources Management Regulations 1995 (FRMR) and bull Fisheries Notices and Orders (Notices made under the Fisheries Act 1905 and

Orders made under the FRMA)

Management

Plans and regulations

The FRMA and specifically the management plan for the WRL fishery provides the legislative ability to control the level of harvest within this fishery This is achieved through the use of a sophisticated and effective combination of input control measures based upon limiting the number of vessels allowed to operate in the fishery the amount (and type) of gear each of these boats may use the seasons and areas they are allowed to fish along with a variety biological controls which restrict the types of lobsters allowed to be landed These arrangements have been varied during the past 40 years to ensure that management remains appropriate to achieve the sustainability objectives for the fishery Thus there have been both permanent and temporary reductions in the numbers of pots that can be used changes to the fishing seasons at both the coastal and Abrolhos Islands sites changes to the size limits (minimum and maximum sizes) to protect a greater proportion of breeding lobsters changes to the reproductive stages permitted to be landed (berried tar spot and setose etc) changes to permitted pot designs (eg introduction of escape gaps)

294

Harvest strategies

In the late 1980s and early 1990s the breeding stock had fallen to a level which could have resulted in a reduction in the average levels of recruitment to the fishery In 1993 a management package was introduced aimed at rebuilding the breeding stock of western rock lobster to levels where this possibility was minimised This package included a temporary reduction of a further 18 to the commercial pot numbers and prohibition on taking various reproductive stages of rock lobster (in addition to the berried female restrictions) to increase the flow-through of pre-breeding lobsters to the breeding stock and to increase the survival of breeding females This package of management measures was originally intended to remain in place for two years while RLIAC developed options for the long-term management of the fishery However as the package appeared to be succeeding in its objective of rebuilding the breeding stock it was extended and has largely continued through to the 200102 season

Summary of WRL Management Arrangements

bull Closed season July 1 to November 14 (Coastal Zones) March 14 (Abrolhos Is) Maximum Number of pots entitlements for fishery (currently 56906 pots distributed amongst 594 boats)

bull The licensee can only operate in the zone for which heshe is licensed bull Minimum size of carapace is 76 mm except for a period of 25 months at the

start of the season when the minimum size is 77 mm bull It is illegal to take setose females or those carrying eggs or tarspot bull A maximum size of 115 mm for lobsters landed south of 30oS and 105 mm for

landed north of 30oS (except for 200102 only) bull The configuration of pots and size and number of escape gaps (54 mm) are

regulated bull Pots may only be pulled during specified daylight hours and bull To operate in the managed fishery a licence must have between 63 and 150

units of pot entitlement

Spatial management

The commercial fishery is divided into a number of zones The boundary between the northern and southern zones is at 30oS The northern zone is further divided in that only A Zone licences fish the Abrolhos Islands area (which does not open until after March 15) while B Zone licences can only fish the remaining coastal waters There are also some small areas in the fishery from which all commercial andor recreational fishing are excluded

Appendix A 295

Assessment

Stock assessment

Retained (targetbyproduct) species The status of the breeding stock of the WRL is assessed annually using a synthesis of information obtained in coastal waters and the Abrolhos Islands using both fishery independent surveys and onboard monitoring of the commercial fishery These assessments are reported annually within the State of the Fisheries Report

Within the list of monitoring programs outlined above for the WRL fishery data covering each of these sources of removal are outlined In most cases these data are collected annually or at least on a sufficiently frequent basis to ensure robust estimates are available The stock assessment modelling that is conducted includes estimates of each of these categories in determining the current and likely future status of the WRL stock Sector Catch Data Collected Frequency Commercial

Fishers Monthly Returns Processor Returns Voluntary Daily Logbooks On-board observer data

Daily or Monthly during season

Bycatch There are relatively few non-retained species caught by the WRL fishery As a potting fishery with pots designed to catch lobsters of a certain size (including numerous escape gaps) it is a very selective method of fishing Only a few non retained species were identified of significance in this fishery A formal risk assessment for each of the identified bycatchnon retained species (including those caught by the pots and entangled within ropes) was completed

TEP Monitoring programs based upon the information collected by the on-board observers are now in place for sea lions turtles and whalesdolphins The logbooks also contain the ability to record interactions with each of these speciesgroups Previously the only information available was from the sparse data collected by the Dept of Conservation and Land Management who has the legislative responsibility for these species within WA waters A formal risk assessment for each of the identified bycatchnon retained species (including those caught by the pots and entangled within ropes) was completed

Given the relatively low levels of interactions of the WRL fishery with non-retained species (including those on the threatened or protected lists) and the relatively stable nature of this fishery (including constancy of methodology ndash and a general trend for a decrease in pot lifts over the past 8 years) makes it unlikely that there will be increases in the level of impact on either the threatened or protected species by the WRL fishery Nonetheless as monitoring data become more available the suitability of these current

296

performance limits may need to be reviewed If they are inappropriate andor the level of interactions increases appropriate alterations to practices will be taken

HabitatEcosystems The issues that relate to the broader ecosystem which were identified for the WRL fishery using the component tree A formal risk assessment process subsequently assessed each of these issues Of the ten identified issues only one (impacts on coral reef) was rated as a moderate risk all others were rated as a low risk The information available to assess potential ecosystem impacts includes data directly related to the WRL fishery ndash such as the total biomass of lobsters the levels and distribution of effort design of gear and an understanding of the method and area of deployment There are also a number of research publications on the prey species of lobsters and lobster predators along with other scientific reports that have investigated the impacts of bait and reviews of fishing impacts in the Abrolhos Is In cases where the level of information was insufficient processes are already in place to remedy this situation to enable a more informed decision to be made (eg impacts on corals) Consequently the levels of information available for most issues identified allowed a sensible assessment of the level of risk to be determined

Economicsocial The SCFA ESD Component Report contains a comprehensive performance evaluation of the WRL fishery based upon the framework described in the Fisheries WA ESD policy (Fletcher 2001) This includes the development of objectives indicators and performance measures for all aspects of this fishery (including social and economic issues) and includes status reports for those components that are not subject to annual assessment This full assessment including an examination of the validity of the objectives and performance measures is planned to be completed and reviewed externally every five years Governance Performance report using Component tree for governance of the Western rock lobster fishery This includes management effectiveness arrangements compliance allocation between users legal arrangements consultation

Risk assessment

After the componentsissues were identified with the component trees a process to prioritise each of these was completed The environmental issues were assessed as part of the requirements for continued MSC accreditation using a formal risk assessment that was conducted by independent consultants International Risk Consultants (see IRC 2001 for full details ndash the report was submitted as part of this application) using a two-day meeting held in January 2001 The participants at this meeting included a large number who attended the SCFA-FRDC meeting along with a number of other relevant stakeholders and experts

Appendix A 297

Monitoring and performance

Monitoring

Retained (target) species

A substantial level of information is collected for the WRL fishery Data are collected through a combination of fishery dependent and fishery independent systems many of which have been in place for decades These ongoing monitoring programs are supported by a long history of research programs on the biology ecology and interactions of lobsters along the west coast of WA A summary of the monitoring program and information collected is presented in the table below Monitoring Program Information Collected Robustness

Monthly return data from all fishers

Monthly Catch Days Fished Traps Pulled per day

Moderate

Processor Returns Weights of lobsters purchased by processors by grade category

High

Factory size class and quantity figures for WRL

Length Frequency sample of lobster from factories in each Zone of the fishery

High

A voluntary daily logbook completed by a large percentage of fishers

Daily Catch Traps Pulled Days fished Swell Height Number of undersized returned Number of Breeding Lobsters returned

High

On-board observer program covering all zones times and depth ranges

Pot by pot catch details size structure reproductive condition and other species information ndash eg octopus numbers interactions with other fauna (eg seals turtles dolphins)

High

Compliance data on breaches of regulations

Records of breaches and infringements of fishers and processors

Moderate

Fishery independent spawning stock surveys

Numbers of spawning individuals per pot lift on standardised surveys in 3-5 regions of the fishery

High

Puerulus settlement data Monthly numbers of puerulus from collectors at five standard sites along the lower west coast

High

Climatic data Monthly Fremantle Sea Level data ndash used to estimate strength of Leeuwin Current Rainfall data Wind data and Swell Height Conditions

High

Surveys of recreational fishers

Annual phone survey of licensed recreational lobster fishers including levels of effort and catch

Moderate

indicates monitoring programs that also relate to species other than the WRL

298

Performance indicators and trigger points

The SCFA ESD Component Reports (see Section 5) contains the available objectives indicators and performance measures for measuring the effectiveness of the management arrangements for the WRL fishery For some components the objectives indicators and performance measures are well established and the data are available to demonstrate levels of performance over time For other components the objectives indicators and performance measures have only just been developed andor the necessary data collection is only just being initiated There is an annual review of the performance of the major aspects of the WRL fishery through the completion of the ldquoState of the Fisheriesrdquo report This is updated and published each year following review by the Office of the Auditor General It forms an essential supplement to the Departmentrsquos Annual Report to the WA Parliament The SCFA ESD Component Report contains a comprehensive performance evaluation of the WRL fishery based upon the framework described in the Fisheries WA ESD policy (Fletcher 2001) This includes the development of objectives indicators and performance measures for all aspects of this fishery (including social and economic issues) and includes status reports for those components that are not subject to annual assessment This full assessment including an examination of the validity of the objectives and performance measures is planned to be completed and reviewed externally every five years

The WRL fishery has recently been reviewed and awarded the Marine Stewardship Councils certification as a Sustainable Fishery To maintain this certification requires periodic assessment by an independent review team at intervals not exceeding five years First fishery worldwide to be awarded Marine Stewardship Council chain of custody certification on the basis of demonstrating the ecological sustainability of its fishing and management operations Finally an inquiry completed by the WA Government Legislative Council Standing Committee on Ecologically Sustainable Development (ESD) in May 2000 confirmed that lsquohellipthe yield from the western rock lobster resource is currently sustainable and the infrastructure managing the fishery is operating along ESD principleshelliprsquo (Western Australia Legislative Council 2000)

App

endi

x A

299

OVE

RVI

EW T

AB

LE e

xam

ples

Su

bset

from

ove

rvie

w ta

ble

(pgs

39-4

1)

Issu

e

Obj

ectiv

e D

evel

oped

In

dica

tor

Mea

sure

d Pe

rfor

man

ce

Mea

sure

C

urre

nt

Perf

orm

anc

e

Rob

ustn

ess

EA

G

uide

lines

C

over

ed

Act

ions

Ret

aine

d sp

ecie

s (C

ompo

nent

Tre

e)

1

1

Spaw

ning

B

iom

ass o

f Lo

bste

rs

Yes

Sp

awni

ng b

iom

ass

at A

brol

hos I

and

C

oast

al R

egio

ns

Abo

ve 2

2

unfis

hed

leve

l

Acc

epta

ble

Hig

h 1

11-

11

7 C

ontin

ue c

urre

nt m

onito

ring

m

anag

emen

t and

ass

essm

ent

arra

ngem

ents

Non

-ret

aine

d sp

ecie

s (C

ompo

nent

Tre

e)

2

12

2

Leat

herb

ack

Turtl

es

Yes

B

egun

in 2

001

No

incr

ease

in

rate

s of

inte

ract

ions

Acc

epta

ble

Low

2

22

22

4

22

6

Initi

ate

Mon

itorin

g of

in

tera

ctio

ns

Gen

eral

en

viro

nmen

t (C

ompo

nent

Tre

e)

2

3

Impa

cts o

n C

oral

Pend

ing

Furth

er

Stud

y

Aw

aitin

g Fu

rther

D

ata

A

ccep

tabl

e

23

1-2

25

Impl

emen

t Rec

omm

enda

tions

fr

om A

brol

hos I

s W

orks

hop

Gov

erna

nce

(Com

pone

nt T

ree)

Man

agem

ent

Effe

ctiv

enes

s Y

es

Act

ual C

atch

vs

Pred

icte

d C

atch

D

iffer

ence

gt 1

0

Acc

epta

ble

B

ackg

roun

d C

ontin

ue m

onito

ring

of c

atch

an

d pu

erul

us to

cal

cula

te

pred

icte

d ca

tch

leve

ls

300

Retained species an example Risk assessment completed October 2001 Impact on breeding stock moderate risk

Primary species Operational Objective Ensuring there is sufficient breeding stock5 to continue recruitment at levels that will replenish that taken by fishing predation and other environmental factors by maintaining the spawning stock of western rock lobster at or above a level that minimises the risk of recruitment overfishing

Indicator measured Estimates (indices) of the level of breeding stock and the associated level of egg production are obtained from two programs conducted by the Department of Fisheries (Chubb 2000)

bull At-sea monitoring of the abundance and size frequency of breeding females in the commercial catch This is referred to as the ldquomonitoring spawning indexrdquo It provides indices for the two coastal areas based on monitoring at Dongara and Jurien for the northern index and Lancelin and Fremantle for the southern index This index is not calculated for the Abrolhos Islands region because it is not open during the spawning season Furthermore given the small size at maturity at this location means that the total catch in this region can be used as an indicator of spawning biomass and

bull A fishery independent systematic survey of the breeding grounds is conducted immediately prior to the rock lobster season (in October) which is at the beginning of the breeding season The survey is carried out using charter vessels that fish to research specifications It is referred to as the ldquoindependent breeding stock survey indexrdquo and is made up of a coastal index with sampling taking place at Fremantle Lancelin Jurien Dongara and Kalbarri and an Abrolhos Island index with sampling taking place throughout the Island groups

Performance measure For acceptable performance the best estimate of the current level of egg production should be above the agreed limit reference point This limit reference point is the

Appendix A 301

estimated level egg production that was present of during the late 1970s currently estimated to be approximately 22 of the unfished level (Hall and Brown 2000)

Data Requirement Availability Results from an independent survey of breeding stock undertaken by Department of Fisheries (ie the independent breeding stock survey indices (see Chubb 2000))

Yes available on an annual basis ndash since 1991

Information on the relative number and sizes of breeding (berried setose and spawning size) lobsters collected At sea monitoring by fishermen and Department of Fisheries research staff - see Chubb 2000 for more details

Yes available on an annual basis ndash since 1970

Computer modelling and simulations based on catch data puerulus settlement and breeding stock estimates (see Hall and Brown 1999 Hall and Chubb in press)

Undertaken on annual basis but extent of analysis may vary

Evaluation Summary The current analyses indicate that in most parts of the fishery the breeding stock is at or above the agreed reference point of 22 of unfished biomass Consequently the current performance of the fishery for maintaining a sufficient level of spawning biomass is acceptable Robustness High Both the measurements for the indicators and the performance limit used are both considered extremely robust as they

a Provide a statistically demonstrated high degree of confidence b Use multiple methods to verify estimates c They are direct estimates of egg production d Some estimates are calculated by a source independent of the fishermen and e Research has been peer reviewed both in scientific journals (see reference list) and

also by scientific review panels (eg MSC) Fisheries management response Current To ensure maintenance of the required level of breeding stock

a The fishery is managed through input controls based on individual transferable effort (tradable units that allow fishermen to use a finite number of pots according to the number of units they hold) with the ability to vary the total number of pots used in the fishery during a fixed fishing season

b The annual fishing season is for a fixed period from 15 November to 30 June limiting the opportunity for fishermen to take lobsters

c There is a limit on the total number of pots used (69288 ndash of which only 56906 pots can be used after pot reductions and pots lost through prosecutions) within the fishery within each zone of the fishery and by each vessel in the fishery

d There are prohibitions on the taking of berried setose tar-spot oversize females (gt105 mm north of 30oS and gt115 mm south of that line) and animals smaller than lt 76mm

302

e A zone-based management system reduces the risk of local concentrated fishing effort depleting key elements of the breeding stock (eg Abrolhos Islands)

f Compliance policing focuses on checks of the legality of lobsters consigned to processors

g Policing that the pot use by individuals does not exceed that allowed on the licence h Escape gaps that decrease the opportunity for undersize lobster to remain entrapped

in pots i Limits on the size and structure of pots used to trap lobster are designed to maintain

the current level of fishing efficiency and j Limits on the use of new technology that may increase fishing efficiency Future The success of the management arrangements over the past 8 years have seen the abundance of large breeding females increase greatly As explained above during the 200102 season only the maximum size limit will be removed However as the setose and other regulations remain in place this will only have a minimal impact on the level of exploitation of these sizes The maximum size limit will be reinstated for the following season (200203)

The formulation of explicit decision rules to improve the management of the breeding stock levels in a more predictable manner are currently being developed ie determination of maximum as well as the minimum trigger points

Actions if Performance Limit Exceeded Strategies available to offer further protection to the breeding stock if required include

a Further reductions in the total number of pots that may be used in the fishery b A reduction in the length of the fishing season or within season closures c Changes to minimum and maximum size gauges to protect juvenile and large

breeding female rock lobsters and d Area closures

With fishermen continually improving their fishing efficiency it is very likely that there will be a need to periodically reduce effective fishing effort through reductions in the total number of pots that may be used in the fishery Research into the change in fishing efficiency should allow this to happen in advance of any significant reduction in the estimated level of breeding stock In any event past experience suggests that if there is any significant decrease in the estimates of breeding stock levels appropriate measures such as ldquopot reductionsrdquo can be readily implemented to address the risk to the fisheryrsquos sustainability

It should be noted that if monitoring suggests that the breeding stock increases to and as yet undetermined upper reference point short term measures might also be adopted to temporarily increase the commercial exploitation rates (ie pot reductions could be lifted or the total number of pots allowed to be used in the fishery increased or size upon the level of spawning biomass will be valuable

Appendix A 303

Comments and action There has been a process of continual improvement in the ongoing development and refinement of the modelling and simulations used to determine the breeding stock estimates to measure performance against this objective This involves both the collection of information and the method of analysis Furthermore there is ongoing monitoring of environmental sciences and advances that might improve the reliability of estimates as well as the relationships between breeding stock environmental factors and annual recruitment For example oceanographic modelling and genetic fingerprinting may be used to determine if any parts of the stock are likely to have more significance in supplying recruitment and to better understand what seasonal environmental effects and ocean currents have on the level and geographic distribution of annual puerulus settlement

External driver check list Environmental factors such as climatic changes and in particular variations in the strength of the Leeuwin Current are known to affect the annual levels of recruitment of lobsters (see later) which impact on the level and productivity of breeding stock In the long term the most significant risk factors in the context of external drivers are probably climate change which may alter long term patterns of recruitment (global warming) and significant environmental pollution (ie oil or chemical spills in key breeding areas) or habitat degradation in juvenile areas (ocean based developments)

Observer program

On-board observer program covering all zones times and depth ranges Information collected pot by pot catch details size structure reproductive condition and other species information ndash eg octopus numbers interactions with other fauna (eg seals turtles dolphins)

Reporting Fishers Voluntary daily logbooks and monthly fisher returns WA Fisheries It is important that the outcomes of the fisheries management processes administered by the Department for the WRL fishery are available for review by external parties It is also important that the community is sufficiently informed on the status of this fishery given that it is utilising a community resource The reports that are currently provided annually are

bull The State of the Fisheries Report the Annual report to the Auditor General and bull More irregular reports include the Parliamentary Inquiry the ESD report and

this application to EA The majority of data required to generate reports is already collected in the course of pursuing resource management objectives The Department conducts an annual survey of the community with respect to its opinion on the status of the Statersquos fisheries and their attitudes to the performance of the Department

304

Current Reporting Arrangements for this fishery include

bull State of Fisheries Annual reporting on the performance of the fishery against the agreed objectives within the State Of The Fishery Report

bull Annual Report A summary of this report is presented within the Departmentrsquos Annual Report and is used in some of the Performance Indicators that are reviewed annually by the Office of the Auditor General (OAG) The OAG also periodically audits that the information (both the data and processes) used to generate these reports

bull Western Rock Lobster Fishery (4 December 2005) ESD Report Series No 4 Fletcher W Chubb C McCrea J Caputi N Webster F Gould R and Bray T Published by the Department of Fisheries Western Australia

bull Reports to Industry Each year the status of the resource effectiveness of current management predictions for future years catches and any proposals for alterations to arrangements are presented to fishers and other interested parties in a series of public meetings along the coast This is termed the Rock Lobster Tour This includes the production of a summary report which is provided to the audience and

bull Rock Lobster Rock Lobster Industry Advisory Committee (RLIAC) Coastal Tour Documents (1999- 2006)

In line with the new Commonwealth Government requirements the Department of Fisheries is in the process of developing a tri-partite memorandum with the Western Australian Environmental Protection Authority and the Office of the Auditor General to conduct a regular audit of the fishery Various integrated fisheries management reports relating to the Western rock lobster include

bull 3Department of Fisheries Submission On The Draft Allocation Report For The Western Rock Lobster Resource To IFAAC (March 2006)

bull 3Integrated Fisheries Management ndash Draft Allocation Report ndash Western Rock Lobster Resource (October 2005)

bull 4Allocation of the Western Rock Lobster Resource Between User Groups (June 2005) and

bull Integrated Fisheries Management Report Rock Lobster Resource (February 2005)

Research The Performance reports for retained species non retained species the general environment and governance each provide information on supporting research for the Western Rock Lobster The performance reports are contained within the Application To Environment Australia On The Western Rock Lobster Fishery Against the Guidelines for the Ecologically Sustainable Management of Fisheries For Continued Listing on Section 303DB of the Environmental Protection and Biodiversity Conservation Act 1999 (October 2001) Fisheries Western Australia WA Fisheries scientific papers web page httpwwwfishwagovaudocsfrrindexphp0401

Appendix A 305

Various scientific papers relating to the Western rock lobster 4The western rock lobster fishery 20012002 to 20022003 (and previous years)

Consultation The management arrangements for the WRL fishery have been developed through formal consultation with industry and the general public which includes the Rock Lobster Industry Advisory Committee (RLIAC) which is a statutory committee under legislation (S29 and S30 of the FRMA) and also from requested submissions from industry groups (eg WAFIC) other stakeholder groups (eg Recfishwest Conservation Council of WA) and the general public The level of involvement the range of expertise and community interests that are involved and have been involved in the process of determining management and reviewing stock assessments is extensive The groups that have been involved in the generation of the information contained in this application include

bull Department of Fisheries WA bull Department of Environment WA bull Department of Conservation (formerly known as CALM) bull The Rock Lobster industry bull Western Australian Fishing Industry Council (WAFIC) bull Recfishwest bull Conservation Council of WA bull WWF bull Museum of WA and bull Marine Stewardship Council (MSC ndash including the three international experts on

their review panel) The FRMA has certain requirements with regard to consultation that must be undertaken in the course of managing fisheries The management of the rock lobster fishery is based around a very extensive consultation and communication process Advice provided to the Minister following each RLIAC meeting Production and circulation of Chairmanrsquos reports to all stakeholders Adherence to annual planning cycle Proper consultation procedures have been followed in any amendment of the management plan

Coastal tour held annually Views on the RLIAC and related consultation processes collected from stakeholders at each annual coastal tour Documentation of the formal consultation procedures followed when an amendment is made

Consultation on management of the rock lobster fishery is conducted in an open accountable and inclusive environment where all sectors of the industry and the Departments managers collectively identify and discuss appropriate courses of action Decision makers take due not of advice provided on the basis of this consultation and give reasons for decisions which vary from consultation-based advice

306

The consultation process is extremely well understood with relatively high levels of participation from the various stakeholder groups Membership of the RLIAC comprises an independent Chairperson Executive Director the Department of Fisheries an officer from the Department two rock lobster processors eight commercial rock lobster fishermen and one recreational rock lobster fisherman and a representative of the Conservation Council of WA Terms of appointment are usually for two years however members can seek to be reappointed for additional terms RLIAC has a number of sub-committees which are chaired by RLIAC members but nominations are sought from industry groups to make up the sub-committees There are a number of avenues through which RLIAC communicates to industry such as the RLIAC newsletter industry meetings management papers individual correspondence attendance at association meetings surveys and discussions with their peers

Various Fishing Bodies involved in the management process for the Western Rock Lobster Fishery Abbreviations ADC ndash Aquaculture Development Council RFAC ndash Recreational Fishing Advisory Committee WRLDA ndash Western Rock Lobster Development Association WAFIC ndash Western Australian Fishing Industry Council The Department will continue to provide a dedicated executive officer whose primary role to service the consultation process for the rock lobster industry

Supporting documentsreports bull The Annual Report to Parliament (1997-2006) (The Annual Report to

Parliament should be read in conjunction with its sister publication the 4State of the Fisheries Report)

bull 4State of the Fisheries Report (1998-2005) bull Business Plan 2002-2005 bull Strategic Plan 2004-2008 and bull Guides to Quality Fish

Appendix A 307

The Department of Fisheries publishes a range of document series that deal with issues relating to the management of Western Australias fisheries pearling and aquaculture and fish and fish habitats The major categories currently in use are 4Fisheries Management Papers 4Ministerial Policy Guidelines and 4Fisheries Occasional Papers

References WA fisheries submission to DEWHA Application To Environment Australia On The Western Rock Lobster Fishery Against the Guidelines for the Ecologically Sustainable Management of Fisheries For Continued Listing on Section 303DB of the Environmental Protection and Biodiversity Conservation Act 19991 (October 2001) Fisheries Western Australia DEWHA assessment Assessment of the Western Rock Lobster Fishery (August 2002) Environment Australia Department of Environment and Heritage Legislation Commonwealth Legislation

bull The Offshore Constitutional Settlement (OCS) arrangements between Western Australia and the Commonwealth Government of 1995 and

bull Environmental Protection and Biodiversity Conservation (EPBC) Act 1999 State legislation

bull Fish Resources Management Act 1994 (FRMA) The FRMA lists the objectives for the management and conservation of fish and their habitat ndash examples to conserve fish and to protect their environment and to achieve optimal economic social and other benefits from the use of fish resources and

bull Fish Resources Management Regulations 1995 (FRMR) Fisheries Notices and Orders Notices made under the Fisheries Act 1905 and Orders made under the FRMA are also a form of subsidiary legislation Notices made under the Fisheries Act 1905 were carried over and are still in force by virtue of Part 18 of the FRMA (Savings and Transitional Provisions)Notices and Orders may prohibit fishing by certain fishing methods by species or by persons or a class of persons

bull Fishing and Related Industries Compensation (Marine Reserves) Act 1997 bull Fishing and Related Industries Compensation (Marine Reserves) Regulations

1998 and bull Fishing Industry Promotion Training and Management Levy Act 1994

Management

bull The West Coast Rock Lobster Limited Entry Notice 1993 made under the WA Fish Resources Management Act 1994 (the management plan) and

bull The WA Fish Resources Management Act 1994

308

Other

bull Western Rock Lobster Ecological Risk Assessment (11 October 2001) prepared by IRC Environment and

bull Hall NG and RS Brown (2000) Modelling for management The western rock lobster fishery In Spiny lobsters fisheries and culture (Ed by Phillips BF and Kittaka J) pp 386-399 Fishing News Books Blackwell Science Ltd Oxford UK

Part 2 DEWHA Assessment

The assessment

bull Department of Environment and Heritage assessment report (August 2002) bull 4Accreditation of a Plan of Management for the Purposes of Part 13 (20 August

2002) bull 4Amendment of List of Exempt Native Specimens ndash Gazetted Thursday 4

September 2002 No GN 35 bull 4Ministerial decision (20 August 2002) and bull 4Agency submission on ecological sustainability (October 2001)

DEWHA assessment

Assessment of the Western Rock Lobster Fishery (August 2002) Environment Australia Department of Environment and Heritage (Overall assessment pgs 5-6) The Western Rock Lobster Fishery is assessed as being a well managed fishery where the risks of being ecologically unsustainable are constrained in the short to mid term The fishery has mechanisms in place which should control the ecological impact of the fishery As a consequence it is recommended that the export of species taken in the fishery should be exempt from the export controls of Part 13A of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) with that exemption reviewed in five years Specifically EA recommends that western rock lobster (Panulirus cygnus) Octopus (Octopus species) snow crab (Chacean bicolor) spiny (champagne) crab (Hypothalassia acerba) and giant crab (Pseudocarcinus gigas) taken in accordance with the Western Rock Lobster Limited Entry Notice 1993 be included on the list of exempt native specimens of the EPBC Act A number of issues have been identified which would need to be addressed prior to the next review to ensure ecological risks are contained in the mid to long term As the fishery area encompasses Commonwealth as well as State waters consideration under Part 13 of the EPBC Act is required vis-agrave-vis the impact of the fishery on threatened species migratory species cetaceans and listed marine species The submission indicates that the fishery may interact with leatherback turtles (Dermochelys coriacea listed as vulnerable on the EPBC Act) and Australian sea lions (Neophoca cinerea a listed marine species on the EPBC Act) As the level of interaction with both appears to be low the fishery is unlikely to have a significant impact Similarly the submission indicates minimal interactions between the fishery

Appendix A 309

and cetaceans and listed migratory species such that the fishery is unlikely to have a significant impact A declaration under ss208A 222A 245 and 265 of the Act would be appropriate

4Ministerial decision

The submission has been assessed in accordance with the protected species provisions of Part 13 and the wildlife trade provisions of Part 13A of the EPBC Act

The Western Rock Lobster Limited Entry Notice 1993 requires that all reasonable steps are taken to ensure that protected species are not injured or killed and the level of interactions with such species in the fishery is not likely to adversely affect the conservation status of protected species or the survival and recovery of listed threatened species Hence the management arrangements for the WRL fishery meet the requirements of Part 13 of the Act Accreditation will ensure that individual fishers operating in accordance with the Notice are not required to seek permits in relation to interactions with protected species

For the purposes of the wildlife trade provisions in part 13A of the EPBC Act the Notice provides the basis for the fishery to be managed in an ecologically sustainable way I shall therefore amend the list of exempt native specimens to include all products taken in accordance with the Western Rock Lobster Limited Entry Notice 1993 including western rock lobster (Panulirus Cygnus) octopus (Octopus species) snow crab (Chacean bicolor) spiny (champagne) crab (Hypothalassia acerba) and giant crab (Pseudocarcinus gigas) for a period of five years Such listing will serve to exempt the fishery from other export controls of the Act and exempt exporters from requiring export permits under the Act

The Western Rock Lobster Limited Entry Notice 1993 meets the Commonwealthrsquos Guidelines for the Ecologically Sustainable Management of Fisheries The Ministers decision is subject to the following recommendations Recommendations

1 The Western Rock Lobster Fishery submission contains a number of detailed and explicit management triggers decision rules and performance measures which are not included in the management plan The Western Australian Department of Fisheries (WADF) and the Rock Lobster Industry Advisory Committee should formally incorporate these into the management regime and decision making process with clear timelines for implementation These measures must ensure the total effort in the fishery from all sectors is controlled and within sustainable limits Serious consideration should be given to a cap on total effort including both the recreational and commercial sectors

2 WADF should undertake contingency planning to deal with breaches in the existing management triggers In the event that a review is triggered by a breach of the performance measures and that review establishes that the management regime is under-performing the management plan should require that action must be taken to return the fishery to a stage where it will satisfy the management objectives

310

3 The compliance and enforcement strategy should continue to be periodically reviewed to ensure emerging compliance risks are identified and addressed WADF should conduct an annual assessment of the risks to ensure that the current compliance and enforcement regime is as effective for the recreational as for the commercial sector

4 Recognising that consideration of issues relating to the impact of the fishery on the marine environment is currently undertaken as an implicit part of the development of the advice of the Rock Lobster Industry Advisory Committee consideration should be given to including an explicit requirement to consider such impacts in the terms of reference for the Committee

5 WADF should continue active encouragement of broad public notification of the potential to input into the environmental impact assessment processes Furthermore WADF should ensure the external peer review of the existing stock assessment process is maintained

6 WADF should continue to monitor the situation with respect to the harvest of immature animals to ensure any reductions in egg production or puerulus settlement are detected in a timely manner and develop a management response for implementation in the event that a major issue develops

7 WADF should continue to implement annual estimation of recreational and indigenous harvest of lobsters which is factored into management including ongoing improvement of data collection and analysis

8 Research into changes in fishing efficiency should be undertaken on a five yearly basis and contingency plans and management strategies be developed to compensate for potential increases

9 Monitoring should be undertaken to evaluate whether the impact of the fishery on octopus is increasing and if so the impacts that harvest is having on the stock and ecosystem A management response should be developed by WADF as a contingency

10 The retention of deep sea crabs in the western rock lobster fishery should be actively managed by WADF to ensure the sustainability of the developing deep sea crab fishery

11 WADF should undertake to develop appropriate triggers for endangered threatened protected or bycatch species and appropriate management strategies should the levels or sensitivity of interactions are shown to be greater than currently estimated To facilitate this process it is important that

bull WADF continue the recording of byproduct and bycatch taken by the fishery (using both fishery dependent and fishery independent methods) WADF analyse whether byproduct and bycatch recording by the fishery dependent methods are an effective mechanism for obtaining these data and

bull WADF continue the ongoing monitoring of sea lion and cetacean interactions In the event that these interactions significantly increase

Appendix A 311

WADF should implement appropriate mitigation measures in a timely fashion

12 WADF should assess options for system-based management objectives and associated biological reference target and limit levels and implement system-based performance measures in the fishery This should include a determination of the appropriate levels of protection for larger lobsters WADF therefore are encouraged to undertake the proposed additional work on the issue of the role of large western rock lobsters in the system including work on the catchability of larger lobsters

13 WADF should examine mechanisms for monitoring ecosystem impacts of the fishery including the appropriateness of reference areas that would allow comparison of fished and unfished areas

14 WADF should establish an environmental management plan for the fishery that deals with effective waste management in the fishery and minimises the impacts of gear loss

312

Commonwealth fisheries bull Antarctic

- CCAMLR New and Exploratory

- Heard Island and McDonald Islands

- Macquarie Island bull Bass Strait Central Zone Scallop bull Christmas Island and Cocos

(Keeling) Islands bull Coral Sea bull Eastern Tuna and Billfish bull Norfolk Island bull North West Slope bull Northern Prawn bull Skipjack Tuna bull Small Pelagic

bull Southern and Eastern Scalefish and Shark

- Commonwealth Trawl - Great Australian Bight

Trawl - Gillnet Hook and Trap - East Coast Deepwater

Trawl bull South Tasman Rise bull Southern Bluefin Tuna bull Southern Squid Jig bull Western Tuna and Billfish bull Torres Strait bull Western Deepwater Trawl

AFMA submission to DEWHA

The submissions to DEWHA under the EPBC Act addressed the EPBC principles and objectives (ecological only) The assessment must specifically address all aspects of the Guidelines for the Ecologically Sustainable Management of Fisheries In particular the assessment must demonstrate that the fishery is ecologically sustainable in terms of its impact on

a) target species b) non-target species and bycatch and c) the ecosystem generally (including habitat)

In particular the assessment must include

a) A description of the potential impacts of the fishery on the environment (including to the extent possible information on the degree of confidence with which the impacts can be predicted and quantified)

b) An analysis of the nature and extent of the likely environmental impacts including whether the impacts will be short term or long term impacts

c) An assessment of whether any environmental impacts are likely to be unknown unpredictable or irreversible

d) An analysis of the significance of the potential impacts and e) Reference to the technical data and other information relied upon in assessing

the environmental impacts of the fishery The assessment shall include consideration of impacts associated with the conduct of the fishery such as the discharge of waste and other pollution risks (including lost gear) The assessment shall include consideration of the international arrangements

Appendix A 313

established for the management of the species The assessment must include information on the recreational catch sector and its impact on stock sustainability

AFMA Eastern Tuna and Billfish Fishery an example Part 1 provides a summary and details of the FMA submission on ecological sustainability to DEWHA (October 2001) Part 2 provides summary information of DEWHA assessment of the fishery and the Ministerial decision conditions and recommendations

Part 1 Commonwealth (AFMA) submission to DEWHA Summary of AFMA submission to DEWHA Legislation International United Nations Fish Stocks Agreement which

came into force on 11 December 2001 United Nations Convention on the Law of the Sea Food and Agricultural Organisation of the United Nationrsquos Code of Conduct for Responsible Fisheries and Convention on the International Trade in Endangered Species of Wild Fauna and Flora South Pacific Forum fisheries Agency Convention 1979 Convention for the Prevention of Pollution from Ships (MARPOL 7378) Bilateral agreements between Japan and Australia regarding the shark bycatch code of practice and seabird mitigation measures

Commonwealth legislation Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Offshore Constitutional Settlement (OCS)

Management Management plans Fisheries Administration Act 1991 The legislative

basis for AFMArsquos management of fisheries is the Fisheries Management Act 1991 The Eastern Tuna and Billfish Fishery Management Plan 2005 ETBF Bycatch Action Plan Threat Abatement Plan 1998

Code of practice Agreement between Japan and Australia under the bilateral agreement regarding the shark bycatch code of practice Agreement between Japan and Australia under the bilateral agreement regarding seabird mitigation measures

Harvest strategies Limited entry with vessel restrictions in some areas Revised management arrangements

Spatial management Zones for longline and minor line sectors

Assessment

Stock assessment EIS No

Risk assessment Ecological Risk Assessment for the Effects of

314

Fishing Eastern Tuna amp Billfish Fishery Longline Sub-fishery Report for the Australian Fisheries Management Authority (2006)

Economic components No Social components No

Governance No

Monitoring and performance Monitoring Monitoring logbooks TAP SPC coastal states

VMS effort monitoring Performance indicators and trigger points Performance criteria based on ETBF management

plan 2005 objectives only provisional reference points for primary and secondary species

Observer program AFMA observer program operating since July 2003

Reporting Fishers Daily fishing log on a shot by shot basis to AFMA

14 days after end of each month verified by AFMA observers

AFMA Annual fisheries data summaries AFMA annual performance reports

Research

Research Eastern tuna and billfish fishery five year research plan 2003-2008

Consultation

The Eastern Tuna and Billfish Fishery Management Advisory Committee (Eastern Tuna (MAC)

AFMA submission to DEWHA in more detail The information provided in general comes from the assessment report submitted to DEWHA other information from the jurisdiction fishery web page Sources of information will be noted

Legislation International legislation

bull United Nations Fish Stocks Agreement which came into force on 11 December 2001

bull United Nations Convention on the Law of the Sea bull Food and Agricultural Organisation of the United Nationrsquos Code of Conduct for

Responsible Fisheries bull Convention on the International Trade in Endangered Species of Wild Fauna

and Flora bull South Pacific Forum fisheries Agency Convention 1979 bull Convention for the Prevention of Pollution from Ships (MARPOL 7378) bull Australia has signed (but not ratified) the Convention for the Conservation and

Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean Once ratified the Convention establishes a Commission

Appendix A 315

comprising coastal states and distant water fishing nations which will manage the tuna and billfish stocks on a regional basis

bull Agreement between Japan and Australia under the Bilateral agreement regarding the shark bycatch code of practice 4 June 1997 and

bull Agreement between Japan and Australia under the Bilateral agreement regarding the seabird mitigation measures 4 June 1997

Commonwealth legislation

bull Fisheries Administration Act 1991 bull Fisheries Management Act 1991 bull Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)

and bull Offshore Constitutional Settlement (OCS)

Management

Plans and regulations

bull The Eastern Tuna and Billfish Fishery Management Plan 2005 and bull The ETBF Management Plan 2005 was accepted on the 12 October 2005 by the

Minister The Management Plan is made under the Fisheries Management Act 1991 manages only commercial fishing for tuna and billfish species in the area of the fishery The bycatch provisions set out in the Fisheries Management Regulations 1998 apply to all Fishing Permits in the Eastern Tuna and Billfish Fishery The 1998 Threat Abatement Plan to reduce incidental bycatch of marine birds The objectives of this Management Plan and the objectives for AFMA to pursue when it is administering the Plan are as follows (a) to manage the fishery efficiently and cost-effectively for the

Commonwealth (b) to ensure that the exploitation of the resources of the fishery and the

carrying on of any related activities are conducted in a manner consistent with the principles of ecologically sustainable development and the exercise of the precautionary principle and in particular the need to have regard to the impact of fishing activities on bycatch species and the long-term sustainability of the marine environment

(c) to maximise economic efficiency in the exploitation of the resources of the fishery

(d) to ensure AFMArsquos accountability to the fishing industry and to the Australian community in managing the resources of the fishery

(e) to reach Government targets for the recovery of the costs of AFMA in relation to the fishery and

(f) to ensure that conservation and management measures taken in relation to the fishery implement Australiarsquos obligations under relevant international agreements

316

Measures by which the objectives are to be attained (Act s 17 (5)) The measures by which the objectives of this Management Plan are to be attained include the following (a) providing the services needed to manage the fishery including (i) data collection research and consultation and (ii) services to ensure compliance with the Plan (b) annually evaluating and if necessary revising the range extent and cost

of the services mentioned in paragraph (a) (c) in the first year of the Management Plan developing and implementing a

data plan to collect verify analyse and manage data that is related to the management of the fishery including data about

(i) the catch and the effort required to achieve the catch and (ii) the biological and ecological state of the fishery and (iii) the technical and economic issues related to fishing in the fishery (d) publishing and every 2 years reviewing the data plan mentioned in

paragraph (c) (e) if relevant information about the fishery is received mdash reviewing

ecological risk assessments of marine communities primary species and secondary species to determine the risk to the maintenance of an ecologically sustainable fishery

(f) developing in cooperation with stakeholders a plan to strategically address any high risks identified during an ecological risk assessment

(g) setting catch limits or designing other measures for species of fish that are managed under State or Territory law

(h) periodically taking account of the impact of fishing on primary species secondary species by-catch species and species that are ecologically related to those species and the marine environment and

(i) determining the status of stocks and the marine environment in relation to the reference points for stocks of primary species by conducting stock assessments risk assessments or both and

(ii) reviewing and if necessary improving the reference points for stocks of primary species and secondary species and

(iii) developing publishing and applying decision rules for setting the longline TAE and minor line TAE and any other related management decisions and

(iv) reviewing evaluating and if necessary improving the decision rules mentioned in subparagraph (iii) and

(v) implementing reviewing and if necessary updating the by-catch action plan and

(vi) implementing reviewing and if necessary updating other action plans to minimise the impact of fishing on by-catch species and species that are ecologically related to primary species secondary species and by-catch species

(i) setting for each fishing season the longline TAE and minor line TAE that are needed to manage the fishery in an ecologically sustainable manner based on

Appendix A 317

(i) information given by the advisory committee and other interested bodies including international bodies and

(ii) the total estimated catch by the commercial recreational indigenous and any other users of the fishery and adjacent or overlapping fisheries and

(iii) information about the sustainability of marine species in the area of the fishery and

(iv) the reference points that are set for the stocks of any primary or secondary species and

(v) any decision rule used for setting the longline TAE and minor line TAE and

(vi) the precautionary principle and (vii) any decision made by the Minister or an intergovernmental

Ministerial Council about resource sharing in the fishery (j) if necessary giving directions that fishing is not to be engaged in the

fishery or a particular part of the fishery during a particular period or periods

(k) if necessary determining the fishing capacity permitted for the fishery or a part of the fishery in respect of a particular period or periods

(l) granting transferable SFRs to eligible persons (m) when appropriate granting permits to eligible persons (n) setting up a research program to support the management of the fishery

during the first year of the Management Plan and (i) annually publishing a report about the research program and (ii) reviewing and if necessary improving the program (o) on commencement of the Management Plan implementing a risk-based

compliance program and a catch monitoring program for the fishery (p) reviewing and if necessary improving the programs mentioned in

paragraph (o) (q) each fishing season evaluating the methods used to monitor compliance

with the Management Plan and if necessary improving those methods (r) gathering information about the economic efficiency of the fishery and

implementing long-term management arrangements that pursue economic efficiency for the fishery

(s) within 3 years after the day when the first longline SFRs come into effect

(i) conducting a review to decide whether to effectively manage the fishery the number of boats in the fishery should be limited and

(ii) if necessary making an appropriate determination (t) within the first 18 months of the Management Plan developing and

implementing a communication plan for the fishery providing for the publication of reports about the status of stocks and the management of the fishery

(u) after consulting with the advisory committee preparing (in accordance with the governmentrsquos cost recovery policy) annual budgets and recommending levies to recover the costs of management that are attributable to the fishing industry

318

(v) managing the fishery in a way that is compatible with Australiarsquos international obligations

(w) at least every 5 years reviewing the Management Plan and if necessary amending the Plan to improve management of the fishery

Part 2 Specific ecosystem requirements 10 By-catch (Act s 17 (6D)) (1) AFMA must prepare and implement a by-catch action plan or by-catch action

plans for the fishery

(2) AFMA must review each by-catch action plan at least once every second year while it is in force

(3) A by-catch action plan must require action to ensure that (a) information is gathered about the impact of the fishery on by-catch

species and (b) all reasonable steps are taken to minimise interactions with seabirds

marine reptiles marine mammals and fish of a kind mentioned in sections 15 and 15A of the Act and

(c) the ecological impacts of fishing operations on habitats in the area of the fishery are minimised and kept at an acceptable level and

(d) by-catch is reduced to or kept at a minimum and below a level that might threaten by-catch species

(4) In developing a by-catch action plan AFMA must take into account (a) the protection given to whales and other cetaceans under Division 3 of

Part 13 of the EPBC Act and (b) the requirements under the EPBC Act for the protection of (i) listed threatened species and (ii) listed threatened ecological communities and (iii) listed migratory species and (iv) listed marine species within the meanings given in that Act

(5) If information gathered under a by-catch action plan shows it is necessary to do so AFMA must consider making appropriate amendments of this Management Plan or changes to the conditions imposed on the holders of fishing concessions

ETBF Bycatch Action Plan Australias Tuna and Billfish Longline and Minor Line Fisheries Bycatch Action Plan (AFMA 2004) requires further validation of turtle catch rates The draft plan requires that AFMA prepare and implement a bycatch action plan to ensure

a) Information is gathered about the impact of the fishery on bycatch species b) All reasonable measures are taken to minimise interactions with seabirds

marine mammals and fish

Appendix A 319

c) The ecological impacts of fishing operations on habitats in the area of the fishery are minimised and kept at an acceptable level

d) Bycatch is reduced to or kept at a minimum and below a level that might threaten bycatch species

In particular the bycatch action plan must take into account the protection of whales and other cetaceans under Division 3 Part 13 of the EPBC Act and the requirements under the EPBC Act for the protection of threatened species threatened ecological communities migratory species and listed marine species Threat Abatement Plan 1998 (2004) Oceanic longline fishing is listed as a key threatening process to seabirds under the EPBC Act The TAP was prepared for nationally coordinated action to alleviate the impact of longline fishing activities on seabirds in Australian waters The TAP was released in 1998 and was being reviewed in 2003 The TAP focuses on implementing a range of mitigation measures as a key action in reducing seabird bycatch to an acceptable level The primary objective of the current TAP (1998 ndash 2003) is to reduce the seabird bycatch in longline fisheries to below 005 birds per 1000 hooks This represents a reduction of up to 90 of seabird bycatch within the AFZ and should be achievable within the five year life of the TAP (EA 1998) The TAP is administered by the Department of the Environment and Heritage in conjunction with the Threat Abatement Plan Team The Department of the Environment and Heritage in conjunction with the TAP Team prepares updates on TAP progress Actions identified in the TAP include the adoption of measures known to be effective at mitigating seabird bycatch development or refinement of new mitigation measures as well as education and collection of information on which to base future decisions Since 1995 pelagic longline vessels have been required to deploy a tori pole and line (bird scaring line) when setting longlines south of 30deg South Legislative Regulations were implemented in February 2001 under the Fisheries Management Act 1991 to meet the requirements of the TAP These regulations require all longliners

bull To carry a tori pole and when fishing in waters south of Latitude 30degS to attach the line where baits enter the water (Tori poles consist of a pole mounted on the stern of a vessel and a line with streamers attached which is towed astern directly above the area where bait enters the water The streamers deter birds from taking the bait)

bull To ensure that no offal is discharged when longlines are being set and where possible when longlines are being hauled operating in waters south of 30ordmS to set their lines at night (between nautical dawn and nautical dusk) and

bull To only use thawed baits The Regulations also allow for further development and testing of alternative mitigation measures to be facilitated under Scientific Permits In accordance with these Regulations operators in the ETBF set their gear at night The Threat Abatement Plan (1998) outlines the compulsory and voluntary mitigation measures that currently exist for vessels operating in the AFZ Mandatory measures include

320

(1) Fisheries Management Regulation 19A of the Fisheries Management Act 1991 specifies mandatory use of tori poles (constructed in accordance with the regulation) by all vessels setting beneath 30deg S

(2) Night setting by operators south of 30deg S (3) All day setting vessels must also demonstrate an ability to thaw baits prior to

setting and use thawed baits on hooks Use weighted lines as determined by experimental trials

(4) Retention of offal during line setting and hauling to be discharged when not line setting

(5) Code of Practice specific to pelagic longline vessels It should be noted that boats under 20m may apply for variation to the prescribed measures Agreements by AFMA board May 2005

(i) operators allowed day setting south of 25deg S providing line weighting regime achieves recommended sink rate (ETMAC July 2005) and mandatory use of a standardised tori line system

A further proposal by ETMAC (ii) all hooks set south of 25deg S be weighted with either (a) 60gram swivels no

more than 1m from the hook or (b) 98 gram swivels no more than 35m from the hook These arrangements are lsquoprovisionalrsquo pending revision of TAP and further research and development work

Codes of practice United Nationrsquos Code of Conduct for Responsible Fisheries As a part of the bilateral negotiations Australia and Japan developed a Code of Practice for Sharks The code required that sharks were identified and recorded to species level As a signatory to the Food and Agriculture Organisationrsquos International Plan of Action on Sharks Australia has committed to developing a National Plan of Action on Sharks (NPOA Sharks) This is currently being progressed by DAFF in consultation with a working group DAFF expects the NPOA Sharks will be complete by late 2003 The International Plan and the NPOA Sharks aim to

bull Ensure shark catches are sustainable bull Facilitate improved species-specific catch and landings data and monitoring of

shark catches bull Facilitate the identification and reporting of species-specific biological and trade

data and bull The NPOA Sharks will include actions to address these aims Once finalised

AFMA and other stakeholders will be committed to implementing actions within defined timeframes

Agreement between Japan and Australia under the bilateral agreement regarding the shark bycatch code of practice ldquoDelegations of the Government of Australia and of the Government of Japan wish to record the following with respect to the Subsidiary

Appendix A 321

Agreement between the Government of Australia and the Government of Japan concerning Japanese Tuna Long-Line Fishing done at Canberra on 4 June 1997 1 In recognition of the concerns for appropriate practices for dealing with the bycatch of shark in the tuna long-line fishery the Japanese delegation stated that the Japanese authorities are to issue Administrative Guidance to Japanese tuna long-line vessels to avoid conduct by Japanese fishermen contrary to the terms of the Shark Bycatch Code of Practice set out below (a) Details will be recorded on individual shark species both for sharks retained and

sharks hooked but discarded (b) Australian observers will continue to monitor closely shark bycatch levels and

collect biological samples (c) All vessels licensed to fishing in the Zone under this Subsidiary Agreement will

ensure that all sharks taken are either (i) released alive and undamaged where possible ie sharks should not be

mutilated or cut in any way prior to release Japanese tuna ling-line fishermen will be encouraged to remove hooks with a ldquode-hookingrdquo device or

(ii) retained whole (this does not preclude processing such as hading and gutting but where fins are retained trunks must also be retained) Any sharks retained will be processed only after they have first been killed

a) The Japanese delegation stated that the Japanese tuna long-line fishing industry is to continue to make its best efforts to identify possible markets for shark in cooperation with the Australian tuna fishing industry 4 June 1997rdquo Agreement between Japan and Australia under the bilateral agreement regarding seabird mitigation measures ldquoDelegations of the Government of Australia and of the Government of Japan with respect to the Subsidiary Agreement between the Government of Australia and the Government of Japan concerning Japanese Tuna Long-Line Fishing done at Canberra on 4 June 1997 wish to record the following b) Both delegations stated that Japanese tuna long-line vessels are to use tori poles and are to be encouraged to continue to develop fishing practices and methods to reduce the incidental take of albatross including setting the long-lines at night where practicable and ensuring that all bait used is appropriately thawed c) The Australian delegation advised that the Australian Fisheries Regulations had been amended to require all licensed foreign long-line vessels operating in the Zone to use tori poles of a standardised design south of 30 degrees South latitude The Australian delegation confirmed that there would be no difference in treatment between Japanese and Australian domestic vessels in respect of these Regulations 3 Both delegations stated that Japanese tuna long-line vessels are to be encouraged to provide reports to the competent authorities in both countries on the effectiveness of tori poles and other methods in reducing the incidental take of albatross 4 The Australian delegation acknowledged the Japanese fishing industryrsquos undertaking in response to Australiarsquos request to make voluntary efforts to collect where

322

practicable albatross taken incidentally during fishing operations and to provide them to Australian authorities in port The Australian side advised that the purpose of such collection was to assist with research on the ecology of albatross 4 June 1997rdquo

Harvest strategy

The main management control for the fishery is a cap on total number of hooks which can vary from year to year A recent modification is to differentiate the value of hook deployments by area such that hooks deployed in areas where stocks are depleted will be counted more heavily than those deployed in other areas Trip limits for some species (eg sharks mahi mahi) and limited catch (eg SBT see technical measures) bycatch provisions For 2006 an interim total catch quota of 1400 t for broadbill swordfish was implemented There is a management framework to restrict long-line access to waters containing SBT Typically two restricted access zones one in which fishers may set gear if they hold lt500 kg of SBT quota and a more southern zone where fishers must hold more than 4 t on quota This zone is managed in an interactive fashion during the season AFMA must before the start of each fishing season and after considering the reference point for each primary species and secondary species determine the longline TAE and minor line TAE for the fishery for that fishing season and any later period specified in the determination

Spatial management

There are zones for longline and minor line sectors There are four Commonwealth marine protected areas in the area of the ETBF Barrier Reef marine park Solitary Islands marine park Lord Howe Island marine park Tasmanian Seamounts marine Parks and two reserves Coringa-Herald and the Lithou Reef National Nature Reserves Directions powers under the Eastern Tuna and Billfish Fishery Management Plan 2005 allow AFMA to define spatial and temporal areas in which specific management regimes apply This is a useful tool in a multi species longline fishery as it allows area closures to be implemented to ensure that fishing does not have high impact on areas of particular sensitivity Area management will be used as required to avoid the capture andor mortality of endangered threatened or protected species The differential hook decrementation system will provide AFMA with a mechanism to implement spatial and area management within the fishery The system will be designed to create a disincentive for operators to fish in areas where localised depletion is occurring or where species of concern are predominant The Australian Tuna and Billfish Fisheries Bycatch Action Plan 2001 includes an action to assess the utility of spatialtemporal area management in sub-regional areas and other mitigation measures on reducing the likelihood of negative interactions with protected species

Appendix A 323

Assessment

Stock assessments

Terms of Reference for the Fishery Assessment Group of Eastern Tuna MAC The following terms of reference apply to the Fishery Assessment Group (FAG) of Eastern Tuna MAC 1 To compile an annual fishery and stock assessment on the Eastern Tuna and Billfish Fishery (ETampBF) to report on the state of stocks and the economic status of the fishery This will incorporate

bull Scientific and economic assessment on the status of tuna and billfish fisheries within the area of the fishery

bull All sectors of the fishery (both commercial and recreational) bull Information from all participants (scientists economists managers industry and

recreational representatives) involved in the assessment process bull Findings from international research of relevance to the ETampBF and bull Environmental considerations of relevance to the sustainable development of the

ETampBF

2 To provide advice to the Research Review and Recommendation (RRR) Group and Eastern Tuna MAC on

bull Deficiencies in the information on the stock assessment process and bull Stock and economic research needs on each species and sector of the fishery

3 To produce an annual ETampBF Assessment Report for Eastern Tuna MAC A project entitled Integrated Analysis and Assessment of the Eastern Tuna and Billfish Fishery is currently underway This project has funding from MAC initiated research funds The project commenced 2002 and completion was expected 2005 The objectives of this project include developing an assessment framework for principal tuna and billfish resources in particular

bull Investigating environmental factors that influence catch rates bull Standardising domestic longline catch rates as a proxy for indices of stock

availability bull Further developing the MULTIFAN-CL stock assessment models (described in

more detail below) for yellowfin tuna and bigeye tuna (in collaboration with scientists at SPC)

bull Developing a stock assessment model for broadbill swordfish within the south west Pacific and

bull Identifying performance indicators and decision rules for adjustment of total allowable effort (TAE) for each stock

The stock assessment processes include where possible estimates of all sources of

324

mortalities Estimates of commercial removals are considered to be reliable Recreational and Indigenous take is not as well known however there are several processes in place to improve these estimates These are described below

Risk assessment

The assessment of the ecological impacts of the Eastern Tuna and Billfish Fishery Longline Sub-fishery was undertaken using the ERAEF method version 92 ERAEF stands for ldquoEcological Risk Assessment for Effect of Fishingrdquo and was developed jointly by CSIRO Marine and Atmospheric Research and the Australian Fisheries Management Authority ERAEF provides a hierarchical framework for a comprehensive assessment of the ecological risks arising from fishing with impacts assessed against five ecological components ndash target species byproduct and bycatch species threatened endangered and protected (TEP) species habitats and (ecological) communities ERAEF proceeds through four stages of analysis scoping an expert judgement based Level 1 analysis (SICA ndash Scale Intensity Consequence Analysis) an empirically based Level 2 analysis (PSA ndash Productivity Susceptibility Analysis) and a model based Level 3 analysis This hierarchical approach provides a cost-efficient way of screening hazards with increasing time and attention paid only to those hazards that are not eliminated at lower levels in the analysis Risk management responses may be identified at any level in the analysis Sustainability of both target and non-target catch is an important issue for the ETBF longline sector The high risk target species swordfish is now under an interim quota The non-target group at highest risk is undoubtedly seabirds and this issue is being addressed through the Threat Abatement Plan process (currently in its second planning period) Some species of turtles may also be at risk from capture and interactions with marine mammals should continue to be monitored While four species of chondrichthyans (longfin mako porbeagle white shark and dusky shark) were a high risk this is a taxa group that will require increased focus and monitoring The Level 1 analysis also identified disease risk from imported bait as a potential issue Using the results of the ecological risk assessment the next steps for each fishery will be to consider and implement appropriate management responses to address these risks To ensure a consistent process for responding to the ERA outcomes AFMA has developed an Ecological Risk Management (ERM) framework

Appendix A 325

Monitoring and performance

Monitoring

Summary of fishery dependent research and monitoring for the ETBF

Description Information collected Collection frequency Provided to

Observer program Verified shot by shot data on species caught in the fishery including wildlife interactions

51 coverage of fishing effort for 5 years commenced in 2003

AFMA

Logbooks Shot by shot data on Ongoing - every shot AFMA amp CSIRO AL05 ndash longline sector w some - fishing effort provisions for minor line - catch estimates of PS01 - purse seine amp pole sector primary amp OT03 - minor line sector secondary species

for stock monitoring purposes

TL04 logbook amp observer data Approximately 10 AFMA for the Japanese fleet bull Data collected under the

Verified shot by shot data on -fishing effort coverage of the

Japanese fleet

Australia Japan Joint Venture Program (south of 40ordm) This is indicative data only

- species caught in the fishery including wildlife interactions

operational in waters covered by the ETBF from 1 November 1979 to 31 October 1997

Threat Abatement Plan AFMA amp research

1 chute trail

Verified shot by shot data on

Defined number of observed hooks

organisations 2 combined branch line - fishing effort Commenced in 2002 monitoring bird weighting amp twin tori lines - primary amp interactions amp 3 line weighting secondary species bycatch

assessment Ongoing AFMA and

CSIRO Data on primary species including

- weightfrequency

AFMA ETBF size monitoring program in cooperation with associated fish processors

- otoliths for ageing - other biological information SPC information collection from Catch data from SPC Ongoing SPC AFMA amp coastal states coastal states and FFA CSIRO for stock observer programs for

ETBF primary amp secondary species

monitoring

As well as observer coverage all vessels operating under the AustralianJapan bilateral agreements were subject to pre and post fishing inspections Through these inspections fisheries officers estimated freezer capacity and catch as a proportion of freezer capacity Vessel monitoring system Under current management arrangements longline operators are required to carry and operate a vessel monitoring system (VMS) when fishing on the high seas VMS enables AFMA to monitor the movement of vessels within the AFZ and on the high seas VMS also enables cost effective monitoring of vessels operating in and around the Coral Sea Zone or areas under specific management arrangements In addition where an at sea or

326

aerial patrol is required reporting from VMS allows a patrol vessel or plane to be directed to the exact location of the vessel resulting in substantial savings in search time VMS will provide ancillary benefits to operators in the fishery such as improved communications and safety Effort monitoring system In order to monitor TAE in the longline sector AFMA will implement an effort monitoring system through Regulations under the plan AFMA and industry have explored several methods for monitoring effort use in the fishery These include

bull Clip nomination method a drum monitoring system where an operator will be required to pre-nominate the number of clips that will be set on each longline shot This may vary between operators because of differing fishing techniques The pre-nominated number will be the maximum number of clips that can be carried on board Each vessel will be required to attach a monitor to the drum on which longlines are stored This lsquodrum monitorrsquo will be linked to the VMS As the longline is set the drum will turn The number of turns will be recorded by the drum monitor Once the drum has turned a defined number of times AFMA will be notified via the VMS This will then be counted as one longline set and the pre-nominated number of branch-line clips will be deducted from that operators holding of longline SFRs and

bull Clip monitoring method alternative mechanisms which will allow for the counting of the actual number of hooks deployed by operators instead of a pre-nominated amount AFMA envisages that any alternative mechanism would initially be used as an adjunct to and not replace the need for a drum monitor

Indicatorstriggers

Source The Eastern Tuna and Billfish Fishery Management Plan 2005 Performance criteria against which measures taken will be assessed (Act s 17 (5)) (ETBF management plan 2005) (1) The performance criteria against which the measures taken may be assessed

are the following (a) that (i) the range extent and cost of AFMArsquos services in the fishery are

reviewed annually and (ii) the review is published and (iii) the management of the fishery has been carried out

cost-effectively (b) that the method used to collect data is published in accordance with the

data plan (c) that the data plan is reviewed every 2 years and if necessary improved (d) that data is collected and analysed and used in accordance with the data

plan

Appendix A 327

(e) that for primary species secondary species by-catch species and species that are ecologically related to those species the necessary stock assessments or risk assessments or both are

(i) carried out and (ii) reviewed (f) that the following are published reviewed evaluated and if necessary

improved (i) decision rules for setting the longline TAE and minor line TAE

and any other related management decisions (ii) the by-catch action plan and any other action plan (g) that reference points are reviewed and if necessary improved (h) that the status of stocks is assessed in relation to the reference points for

those stocks and if a risk to the sustainability of a species is discovered steps are taken to minimise those risks

(i) that the method used for any revision of the reference points is published (j) that for each fishing season the longline TAE and minor line TAE are

set (k) that SFRs are granted to eligible persons (l) that when appropriate fishing permits are granted to eligible persons (m) that the research program mentioned in paragraph 7 (n) is operating and

information about the program is published (n) that the compliance program mentioned in paragraph 7 (o) is developed

and is effective (o) that methods for monitoring the fishing effort and if necessary the

catch are (i) developed and used and (ii) reviewed and if necessary improved (p) that the minor line TAE and subject to the provisions relating to

overcatch and undercatch the longline TAE for each fishing season is not exceeded

(q) that if the reference point for a particular species is approached or exceeded action is taken to ensure that the stock is rebuilt to at least the level that allows a sustainable harvest to be taken

(r) that the fishery is managed in a way that is compatible with the decisions of any relevant international body of which Australia is a member

(s) that data about the economic efficiency of the fishery has been collected and analysed to enable a periodic assessment of whether the data is consistent with improvements in the economic efficiency of the fishery

(t) that any changes to the management of the fishery are assessed in relation to their likely effect on the economic efficiency of the fishery

(u) that a review is conducted to decide whether the number of fishing boats in the fishery should be limited and appropriate action taken as a result of the review

(v) that the public and the fishing industry are in accordance with the communication plan mentioned in paragraph 7 (t) given information about the management of the fishery

328

(w) that the costs of the management of the fishery that are attributable to the fishing industry are recovered

Note Subsection 17 (5C) of the Act provides that a plan of management for a fishery affecting straddling fish stocks highly migratory fish stocks or ecologically related fish stocks must set out stock-specific reference points for the stocks

(2) AFMA must at least once every 5 years after the commencement day assess the effectiveness of this Management Plan including the measures taken to achieve the objectives of this Management Plan by

(a) reference to the performance criteria mentioned in subsection (1) and (b) taking into account the advice of the advisory committee Reference points (1) This section sets out provisional reference points for primary and secondary

species

(2) Within 12 months after the commencement day AFMA must (a) collate all available information about the stocks of bigeye tuna

broadbill swordfish striped marlin and yellowfin tuna in the fishery and (b) assess the risks to the ecological sustainability of those stocks and (c) unless it sets reference points at the end of that 12 months mdash not increase

the amount of each of the species mentioned in paragraph (a) expected to be taken under the longline TAE and minor line TAE

(3) Within 24 months after the commencement day AFMA must (a) carry out an assessment of the risk to the ecological sustainability of each

primary species and secondary species posed by fishing in the fishery and

(b) establish reference points for each of those species

(4) If no reference points are set AFMA must set precautionary limits on the catch of the species

Note 1 Subsection 17 (5C) of the Act provides that a plan of management for a fishery affecting straddling fish stocks highly migratory fish stocks or ecologically related fish stocks (within the meaning of the Fish Stocks Agreement) must set out stock-specific reference points (within the meaning of that Agreement) for the stocks Information to determine reference points is currently poor and until reliable information is available provisional reference points are being used When improved monitoring yields more accurate information the provisional reference points will be revised Note 2 Other ecosystem requirements in this Management Plan are included in Part 4 (Statutory fishing rights and fishing permits) and section 50 (Obligations relating to interactions with certain species and communities) Note 3 Obligations have been placed on the holders of fishing concessions under section 49 (Obligations of holders of SFRs) to ensure that by-catch is kept to a minimum

Appendix A 329

Observer program

AFMA observer program was initiated in 2002 Earlier observers worked as part of scientific studies and the data is often classified A more comprehensive AFMA observer program commenced in July 2003 and aims to achieve 5 coverage This is a requirement under the Threat and Abatement Plan (TAP) 1998

Reporting Fishers AFMA logbook data exists since the mid-1980rsquos AFMA Logbooks Longline sector operators and those operators who are using both pelagic longline and minor line methods are required to complete the lsquoAustralian Pelagic Longline Daily Fishing Logrsquo AL05) on a shot-byshot basis The AL05 was introduced into the fishery in September 2000 replacing the AL04Operators fill in catch and effort logbooks while fishing They are required to send them to AFMA 14 days after the end of each month The data is entered into AFMArsquos GENLOG database Data collected prior to 251199 is stored in AFMArsquos TUNALOG database AFMA observers collect data to verify logbook information AFMA

bull AFMA Annual Data summaries which provides a broad outline of the catch and effort in the Eastern Tuna and Billfish Fishery (ETBF) The data summary focus on logbook and observer information from the financial year and

bull AFMA Annual Reports report on performance including Commonwealth fisheries

Research Dealing with scientific uncertainty is a key challenge in managing marine fisheries resources Accordingly AFMA puts a priority on fisheries research stock assessments and in identifying strategies aimed at promoting the sustainable use of fisheries resources AFMAs longer-term research directions and key research areas are set out in the Authoritys Five Year Strategic Research Plan Key fisheries also have their own Five Year Strategic Research Plans that outline priority research areas for the fishery Terms of Reference for the Research Review and Recommendations (RRR) Group of Eastern Tuna MAC Function of the RRR Group In line with the legislative objectives specified in the Fisheries Management Act 1991 the RRR Group is to undertake the following functions on behalf of Eastern Tuna MAC with respect to the Eastern Tuna and Billfish Fishery (ETampBF)

bull In association with the Fishery Assessment Group (FAG) identify the research needs for the ETampBF on an annual basis and advise Eastern Tuna MAC on the type and priority of research required to effectively and sustainably manage the fishery

bull Review and update the Strategic Research Plan for the ETampBF on an annual basis

bull In line with the institutional research framework set up for Commonwealth

330

bull Managed fisheries review research proposals submitted to Eastern Tuna MAC AFMA and FRDC for the ETampBF and make recommendations to the MAC on which projects should be funded

bull Advise Eastern Tuna MAC on the disbursement of available research funds bull In line with the Strategic Research Plan for the ETampBF review research

projects undertaken from Eastern Tuna MAC AFMA Research and FRDC funds including

- review of annual milestone reports and final draft reports for projects undertaken

- advising the principal researchers of shortfalls in these studies and reports

bull Provide advice to Eastern Tuna MAC and AFMA on the management implications of research outcomes

bull Where required organise and conduct research workshops for user groups of the ETampBF

bull Deal with general research issues for the ETampBF as required from time to time and

bull Hold at least two research meetings per year to carry out the above mentioned functions

Eastern Tuna and Billfish Fishery Five Year Research Plan (2003 ndash 2008) Research Review and Recommendation Group of Eastern Tuna MAC (April 2003) Given the present legislative and management environment for the fishery ongoing research priorities for the ETBF can be grouped into the following four areas

1 Assessment of the fishery on targeted stocks 2 Assessment of the impact of the fishery on the related ecosystem 3 Assessment of the economic performance of the fishery 4 Identification and appraisal of appropriate management action

Eastern Tuna MACrsquos Research Priorities for 20032004 The following areas of research are Eastern Tuna MACrsquos research priorities for 20032004 listed in decreasing order The provision of sound scientific advice is central to the successful management of the ETampBF However the provision of appropriate data is fundamental to the research process As such the collection and analysis of data is seen as been central to but standing above all other research priorities Data requirements include

bull Provision of logbook and fishery independent data on catch and effort bull Size monitoring bull Species identification bull Collection of biological samples bull Collation of oceanographic and remotely sensed data bull Documentation of fishing and targeting practices within the ETampBF and bull Collection of economic data

Appendix A 331

The identification and evaluation of cost effective data collection and monitoring strategies for the ETampBF is an important part of this process 1 Assessment of the resource status of the primary ETampBF species including

bull Stock assessment and modelling bull Identification of environmental and oceanographic factors influencing the bull Availability of fish within the ETampBF bull Development of indices of resource status including the standardization of

CPUE bull development of alternative stock assessment methodologies bull Assessment of new technology on targeting practices in the ETampBF and bull Identification and evaluation of appropriate biological reference points

2 Determination of the ecological relationship between the fish caught in the ETampBF with fish caught in other regions of the western and central Pacific Ocean including

bull Stock structure bull Recruitment of ETampBF species to and from other regions bull Mixing rates between the western and central Pacific and the ETampBF bull Identification of environmental influences on recruitment and movement

patterns and bull Development of predictive models

3 Evaluation of management strategies for the ETampBF including bull Evaluation of the ecological and economic consequences of alternative harvest

strategies (eg Total allowable effort levels) and decision rules for adjusting harvest strategies

bull Identification and cost-benefit analysis (including ecological and economic) of ancillary management measures such as spatial closures and gear restrictions

bull Development of appropriate ecological and economic performance indicators and related target and limit reference points and

bull Measuring and monitoring progress against economic efficiency bull

4 Assessment of the impact andor reliance of the ETampBF on related pelagic ecosystem including

bull The impact on Ecologically Related Species (ERS) such as byproduct and bycatch species (including sharks blue and black marlin mahi mahi wahoo and pomfrets) threatened endangered and protected species (such as seabirds turtles and marine mammals) and baitfish

bull The impact on trophic levels and linkages bull Identification and evaluation of appropriate ecological indicators and reference

points and bull Development and evaluation of mitigation measures to reduce impacts

5 Determination of the biological characteristics of the primary ETampBF species including

bull Feeding reproductive biology life history bull Age and growth determination and

332

bull Habitat preferences

6 Evaluation of the biological and economic impact of fisheries interactions both external to and within the ETampBF including

bull Between the ETampBF and other fisheries in the central and western Pacific bull Between the northern central and southern regions of the ETampBF bull Between commercial and recreationalcharter fisheries and bull Between fisheries utilising shared resources such as baitfish

7 Development and evaluation of mitigation measures to reduce the loss of catch by predation 8 Evaluation of measures to optimise resource utilisation of ETampBF resources including

bull Strategic planning bull The aquaculture of ETampBF species and bull Environmental impact considerations

9 Value adding via appropriate post harvest handling and technology bull Primary ETampBF species are yellowfin tuna bigeye tuna broadbill swordfish

striped marlin skipjack tuna and albacore tuna for the commercial sector and yellowfin tuna black marlin blue marlin striped marlin sailfish and spearfish for the recreational sector

Consultation AFMA actively involves a wide range of key stakeholders in the process of developing and implementing fisheries management arrangements This approach is supported by specific consultative processes that are embodied in the Authorityrsquos governing legislation and undertaken as part of good fisheries management practice AFMArsquos legislation specifies the consultative processes that AFMA must undertake with stakeholders when preparing plans of management In particular AFMA is required under Section 17 of the Fisheries Management Act 1991 to maintain a register of interested persons who are to be notified of draft plans of management The Act also requires AFMA to give public notice inviting persons and organisations to have their names and addresses entered on the register Before formally accepting each statutory Management Plan the Minister responsible for fisheries must be satisfied that adequate consultation has taken place and that AFMA has taken account of any representations received AFMA also consults broadly when developing fisheries management policy The manner in which consultation is undertaken depends on the nature and scope of the issues being considered AFMA advertises the availability of documents through newspaper advertisements the AFMA website AFMA Fishing Future publications andor mail outs to persons on various registers maintained by the Authority In most cases documents are available on the AFMA website or can be obtained directly from AFMA AFMA also undertakes client surveys as a means of gathering information to assist the Authority measure its performance The Eastern Tuna and Billfish Fishery Management Advisory Committee (Eastern Tuna MAC) provides the principal forum in which matters relating to the management of the

Appendix A 333

Fishery are considered The AFMA Board has established the following generic Terms of Reference for each Management Advisory Committee (MAC) reflecting the specific needs and priorities within each fishery while maintaining a basic commonality across MACs

1 To provide a forum for the discussion of matters relevant to the management of the fishery and to act as a conduit for the flow of information between all stakeholders eg commercial operators recreational fishing environmental and conservation groups researchers and AFMA

2 To advise and make recommendations to the AFMA Board with respect to the management of the fishery

3 To provide advice and make recommendations to the AFMA Board on i) the development of plans of management ii) on-going measures required to manage the fishery in accordance with the provisions of the plan of management and iii) amendments to the plan of management as required

4 To provide advice and make recommendations to AFMA on research priorities and projects for the fishery and to ensure that processes are in place for industry and other interested stakeholders to receive advice from researchers in a form appropriate to the audience

5 To establish such sub-committees as are required to ensure that the diversity of management issues are given proper attention

6 To liaise with appropriate AFMA staff and provide assistance as necessary to ensure that approved management measures are implemented

7 To undertake on behalf of AFMA and in accordance with policies and delegated functions determined by AFMA such functions as the Authority from time to time determines

Supporting documents and reports

References AFMA submission to DEWHA Assessment report Eastern Tuna and Billfish fishery (September 2003) AFMA DEWHA Assessment Strategic assessment of the Eastern Tuna and Billfish Fishery (March 2005) Australian Government Department of the Environment and Heritage Legislation International legislation

bull United Nations Fish Stocks Agreement which came into force on 11 December 2001

bull United Nations Convention on the Law of the Sea bull Food and Agricultural Organisation of the United Nationrsquos Code of Conduct for

Responsible Fisheries bull Convention on the International Trade in Endangered Species of Wild Fauna

and Flora

334

bull South Pacific Forum fisheries Agency Convention 1979 bull Convention for the Prevention of Pollution from Ships (MARPOL 7378) and bull Bilateral agreements between Japan and Australia regarding the shark bycatch

code of practice and seabird mitigation measures Commonwealth legislation

bull Environment Protection and Biodiversity bull Conservation Act 1999 (EPBC Act) and bull Offshore Constitutional Settlement (OCS)

Management

bull Fisheries Administration Act 1991 The legislative basis for AFMArsquos management

bull of fisheries is the Fisheries Management Act 1991 bull The Eastern Tuna and Billfish Fishery Management Plan 2005 bull ETBF Bycatch Action Plan bull Threat Abatement Plan 1998 bull Agreement between Japan and Australia under the bilateral agreement

regarding the shark bycatch code of practice and bull Agreement between Japan and Australia under the bilateral agreement

regarding seabird mitigation measures Other

bull Annual ETBF Data summaries (200001-200405) AFMA bull Eastern Tuna and Billfish Fishery Five Year Research Plan (2003 ndash 2008)

Research Review and Recommendation Group of Eastern Tuna MAC (April 2003) and

bull Ecological Risk Assessment for the Effects of Fishing Eastern Tuna and Billfish Fishery Longline Sub-fishery Report for the Australian Fisheries Management Authority (2006) Webb H A Hobday J Dowdney C Bulman M Sporcic T Smith I Stobustzki M Fuller D Furlani

Part 2 DEWHA assessment of the fishery The assessment

bull 4Department of the Environment and Heritage Assessment Report (March 2005) bull 4Accreditation of plan of management and declaration pursuant to section 33 (14

April 2006) bull 4Declaration of an approved Wildlife Trade Operation ndash Gazetted on Wednesday

10 August 2005 GN 31 bull 4Accreditation of a Plan of Management for the Purposes of Part 13 (17

December 2005) bull 4Amendment to the List of Exempt Native Specimens ndash Registered Wednesday

10 August 2005 F2005L02277 bull Ministerial Decision and Recommendations

Appendix A 335

bull 4Letter to Senator Abetz Minister for Fisheries Forestry and Conservation ndash April 2006

bull 4Letter to the Australian Fisheries Management Authority ndash April 2006 bull 4Agency submission on ecological sustainability (September 2003) and bull Invitation for comment closed 14 November 2003

DEWHA assessment

Strategic assessment of the Eastern Tuna and Billfish Fishery (March 2005) Australian Government Department of the Environment and Heritage (Overall assessment pgs 6-9)

The material submitted by AFMA indicates that the ETBF under the ETBF MP will operate in accordance with the Guidelines While the Australian commercial fishery is relatively well managed by AFMA DEWHA has identified a number of risks that must be managed to ensure that their impacts are minimised The risks can be categorised into those within the international fishery management framework of the WCPFC (which are outside the capacity or responsibility of AFMA to manage) and those within the domestic fishery Within the international fishery DEWHArsquos concerns are as follows

bull Bigeye tuna is fully fished in the WCPO and while knowledge on stock structures is limited there are possibly two stocks There is no Total Allowable Catch (TAC) or reference point (s) for these stocks

bull Yellowfin tuna is nearing full exploitation in the WCPO but there is tentative indication that the stocks in the western Pacific Ocean are capable of further limited exploitation The stock status is uncertain and stock structure is unknown There is no TAC or reference point (s) for these stocks and

bull Broadbill swordfish status is unknown No formal stock assessment has been conducted and the stock structure is unknown There is concern over the prospect of localised depletion There is no TAC or reference point (s) for these stocks

Other more general concerns with the international fishery relate to bycatch unsustainable fishing methods (such as purse seining for juvenile bigeye and yellowfin tuna around FADs) and poor recording of catch data Australian fishers have expressed a desire for future expansion of the Australian fishery into the wider Pacific Ocean but this prospect is limited While the pressure on the stocks from high seas fishing activities and from Pacific Island States is a major limitation to expansion there are other constraints some of which are economic in nature

Failure by the WCPFC to address high fishing pressures and potentially unsustainable fishing practices on key stocks will ultimately impact on Australiarsquos harvest of any (or all) bigeye tuna yellowfin tuna or broadbill swordfish If the WCPFC is unable to engender commitment and capacity to effectively manage the species under its responsibility and in particular to maintain or if needed rebuild the bigeye andor yellowfin tuna stocks to ecologically sustainable levels Australia may need to consider other measures to provide some protection to these species within the Australian

336

jurisdiction Within the Australian domestic fishery DEWHArsquos concerns are as follows

bull Bigeye tuna ndash the total Australian catch is showing some decline noting that Australian fishers only take a very small amount (~ 08 ) of the total Pacific Ocean catch

bull Yellowfin tuna ndash the total Australian catch has shown a steady increase until the last year when it declined Australian fishers only take a very small amount (~ 05 ) of the total Pacific Ocean catch and

bull Broadbill swordfish ndash total Australian catch has shown a decreasing trend with the Pacific Ocean fishery status basically uncertain Australians only take a small amount (~ 80) of the total Pacific Ocean catch Localised depletion is a possibility

The fishery has significant issues relating to protected species interactions It is known to interact with seabirds marine turtles and cetaceans More observer data is urgently needed to quantify the risk across the full extent of the fishery The fishery will be managed in accordance with relevant recovery plans and threat abatement plans Appropriate mitigation measures need to be developed and introduced as necessary

The nature and amount of bycatch also need to be validated using independent means where possible Also an increasing range of byproduct species are being taken and this raises significant complementary (State and Commonwealth) management issues particularly for pelagic sharks such as blue sharks but also for a range of other species such as inshore demersal shark species rudderfish dolphinfish and escolar oilfish (Noting that sharks are considered both as byproduct and then as bycatch once catch limits are reached)

DEWHA considers that the operation of the fishery is consistent with the objects of Part 13A of the EPBC Act DEWHA therefore recommended that the fishery be declared an approved Wildlife Trade Operation (WTO) The WTO declaration will allow the export of product from the fishery for a period of 3 years The WTO declaration will require annual reporting on the progress of implementing the recommendations of this report and other managerial commitments The implementation of the recommendations will be monitored and reviewed as part of the next DEWHA review of the fishery in 3 years time As the official fishery area encompasses Commonwealth as well as State Territory waters consideration under Part 13 of the EPBC Act is required regarding the impact of the fishery on listed threatened species listed migratory species cetaceans and listed marine species (collectively referred to as protected species) Protected species that could occur in the fishery are listed in Appendix 2 The majority of reports of interactions with protected species relate to seabirds marine turtles and cetaceans There are reports of leatherback and loggerhead turtles being hooked but the majority are recorded as being released alive and vigorous

Appendix A 337

A Threat Abatement Plan (TAP) (Incidental catch (or bycatch) of seabirds during oceanic longline fishing operations) (the Longline Fishing TAP) became effective on 2 August 1998 and requires fishers to operate in accordance with a number of prescriptions relating to permitted gear areas and times The mandatory requirements of the Longline Fishing TAP are reducing the level of take of seabirds but have not yet been totally effective in achieving the longline fishery requisite criterion of reducing seabird captures to 005 birds per 1000 hooks set in all areas and seasons of the fishery The TAP is currently under review The level of interaction between cetaceans and fishing operations is uncertain but only a very few such interactions have been recorded

The Ministerrsquos decision

The Eastern Tuna and Billfish Fishery (ETBF) has been strategically assessed for the purposes of Part 10 of the EPBC Act including against the Terms of Reference ndash Environmental Assessment of the Eastern Tuna and Billfish Fishery and the Australian Government Guidelines for the Ecologically Sustainable Management of Fisheries (the Guidelines) The fishery was also assessed in accordance with the wildlife trade provisions of Part 13A of the EPBC Act and to determine whether the fishery would adversely affect species protected by Part 13 of the EPBC Act

Being satisfied that the management arrangements for the ETBF meet the requirements of Part 13 of the EPBC Act the Delegate of the Minister for the Environment and Heritage accredited the ETBF Management Plan on 17 December 2005 Accreditation will ensure that individual fishers operating in accordance with the management plan are not required to seek permits in relation to interactions with protected species The Minister declared the fishery an approved Wildlife Trade Operation (WTO) under section 303FN of the EPBC Act for a period of 3 years The declaration is subject to the following conditions and recommendations Conditions

1 Operation of the fishery will be carried out in accordance with the Eastern Tuna and Billfish Fishery Management Plan 2005

2 AFMA will inform the Department of the Environment and Heritage of any changes to the Eastern Tuna and Billfish Fishery Management Plan 2005 or other significant policy documents

3 Reports to be produced and presented to the Department of the Environment and Heritage annually and to include

bull A statement of the extent to which the performance criteria of the Eastern Tuna and Billfish Fishery Management Plan 2005 were met in the year and

bull Information sufficient to allow assessment of the progress of AFMA in implementing the recommendations made in the Strategic Assessment of the Eastern Tuna and Billfish Fishery 2005

338

Recommendations 1 Operation of the fishery is to be carried out in accordance with the Eastern Tuna

and Billfish Fishery Management Plan (as determined) including conducting the reviews identified in the Management Plan against an overarching objective of ensuring that the fishery achieves ecological sustainability AFMA to inform DEWHA of any proposed amendment to the management regime for the Eastern Tuna and Billfish Fishery including any significant shift in fishing away from the longline method of fishing to enable DEWHA to evaluate any impact on the ecological sustainability of the fishery

2 AFMA to develop a process and timelines for responding to triggering of performance criteria and reference points

3 AFMA to establish formal consultative mechanisms and subsequently implement research management monitoring and compliance approaches to ensure that there is complementary and appropriate management of species (that could include harvest limits reference points triggers and management responses to breaches) taken in the Eastern Tuna and Billfish Fishery and overlapping State managed fisheries (as either target primary byproduct secondary or bycatch species)

4 DAFF in consultation with AFMA DEWHA and other relevant government agencies must take a proactive role in the early work of the Western and Central Pacific Fisheries Commission (WCPFC) to ensure its effectiveness as the regional fishery management forum for managing and conserving the species on which the Eastern Tuna and Billfish Fishery relies This should include the following priorities

bull Developing management options that address concerns of the Working Groups formed under the WCPFC or the SPC on key target species

bull Endeavouring that the membership of the WCPFC includes all nations taking tuna species in the area of the convention

bull Verifying the catch of all nations both target and bycatch species bull Strengthening stock assessments of key species (with a priority for big

eye tuna and yellowfin tuna which are reportedly lsquofully fishedrsquo in the Pacific and uncertain in the Australian fishery and which may require stock rebuilding objectives to be established)

bull Developing national allocations including a position for establishing Australiarsquos claim for catch of key species noting the status of two of the key target species bigeye tuna and yellowfin

bull Establishing a regime in the Commission to protect ecologically related species and

bull Ensuring unsustainable fishing practices and technologies such as fish aggregating devices are thoroughly evaluated and if necessary phased out

5 AFMA to ensure that the observer program continues to meet domestic and international data and management needs and provide the required information at a statistically robust level

Appendix A 339

6 Within 3 years AFMA will identify and implement management responses to fishing impacts identified from the ecological risk assessment process taking into account known fishing impacts on

bull Species in the fishery listed as protected under the EPBC Act bull Species with low productivity bull Areas of localised depletion and bull Species with increasing levels or significant potential for increased

levels of catch landings 7 AFMA to ensure an effective effort monitoring system is in place to monitor and

manage the effort expended in the fishery from the time of introduction of the Total Allowable Effort

8 AFMA to monitor the impact of technological advancements in the fishery on the ecological sustainability of target byproduct and bycatch species and incorporate any mitigation measures into management as necessary taking account of the impacts of technological advancements in stock assessment and setting the Total Allowable Effort

9 AFMA to analyse the risks and the extent of the localised depletion of swordfish and to develop appropriate management measures to mitigate against any localised depletion as needed

10 AFMA to introduce management measures to reduce the incidence of capture injury and mortality to shark species that are identified in the ERA as being susceptible to fishing pressure

11 AFMA to implement the Tuna and Billfish Longline and Minor Line Bycatch Action Plan (BAP) as required under the Eastern Tuna and Billfish Management Plan (as determined) as a matter of priority and through the actions set in the BAP or through other approaches (egg Directions set under the Fisheries Management Act 1991 regulation or conditions on permits) ensure that the impacts of the fishery on bycatch are minimised and consistent with achieving the objectives of other legislative requirements including

bull All relevant Recovery Plans (such as the Recovery Plan for Grey Nurse Sharks Carcharias taurus in Australia the White Shark (Carcharodon carcharias) Recovery Plan the Recovery Plan for Albatrosses and Giant Petrels and the Recovery Plan for Marine Turtles in Australia)

bull All relevant Threat Abatement Plans (such as Incidental Catch (or By-catch) of Seabirds during Oceanic Longline Fishing Operations) or

bull All relevant National Plans of Action (such as the National Plan of Action for the Conservation and Management of Sharks)

12 AFMA to monitor the compliance of industry with their code of practice and where necessary and appropriate introduce regulatory measures to ensure bycatch is minimised

340

13 Within 3 months of acceptance of the ETBF Management Plan by the Minister for Fisheries Forestry and Conservation AFMA to apply measures commensurate with the prescriptions of the Longline Fishing TAP to the area of the ETBF between 25 and 30oS These measures to remain in place until the new Longline Fishing TAP or interim measures endorsed by the Department in consultation with key stakeholders come into effect

14 AFMA to introduce measures to reduce the incidental capture of marine turtles and to improve the survivability of those that are caught

15 AFMA to ensure that

bull Morphological measurements are taken from turtles caught bull Tagging programs are established to collect data on post release survival bull Genetic samples are taken where possible so that stocks of turtles being

caught may be determined and bull Feedback is provided on modifications to fishing operations or fishing

gear to reduce the likelihood of interactions andor increase the survival rates

Appendix B

341

APPENDIX B REVIEW OF THE MANAGEMENT RESPONSES TO ESD AND EBFM IN AUSTRALIA

Survey analysis and results

The ESDEBFM Survey Background A survey was sent to each jurisdiction to a nominated representative for management research and industry The purpose of the survey was to collect the relevant information to review the current experience and management responses for Fisheries ESD and EBFM in Australia for each jurisdiction This has been endorsed by AFMF and FRDC and will be used to inform future investment in development of tools to support ESDEBFM This survey provided an opportunity for a national snapshot of assessment methods and management responses for Fisheries ESD and EBFM in Australia This is a follow up to the national lsquosnapshotrsquo of experience and approaches regarding ESD (FRDC Project 98168) in 1998 The survey was in 5 sections as below Section 1 provides a background Sections 2 to 4 ask questions regarding experience and management responses for Fisheries ESD and EBFM in Australia for each jurisdiction Section 5 relates to ESDEBFM implementation generally Section 1 Background jurisdiction and role in organisation Section 2 How fisheries management has changed with regard to ESDEBFM from 1998 to 2006 Section 3 Where we are now 2006 Section 4 What needs further development over the next 6 years from 2006 to 2012 Section 5 ESDEBFM provides an opportunity for further comments regarding ESDEBFM implementation across all jurisdictions Technical The survey was conducted via a web based online format The online software used was SurveyMonkeycom which provided results that can then be downloaded into excel software for analysis Limitations on interpreting results There are a number of limitations on the analysis of the survey which need to be considered when interpreting the results A survey was sent to eight jurisdictions (NSW NT QLD SA TAS VIC WA and Commonwealth) to a nominated representative for management research and industry A full response by all nominated participants would represent 24 possible responses However not all nominated jurisdiction representatives for management research and industry were able to respond to the

342

survey and for those that did respond not all questions were answered There may also be an issue of different interpretations of questions by respondents One respondent suggested an onsite workshop would most probably produce a superior result and response This option was originally planned but was amended at the ESD Working Group meeting in October 2006 Under these conditions the multiple choice questions results have been summarised as an overall response by all jurisdictions under the heading of overall and jurisdiction responses under the heading results for all jurisdictions by component presented by number of occurrences For example Question 3 For each year (1998 and 2006) rank progress of incorporating ESDEBFM operational measures into policy planning legislation and management arrangements for environmental economic social and governance components (Fully implemented Partly implemented Planned No progress) Overall

Components 1998 overall for all jurisdictions

2006 overall for all jurisdictions

Trend from 1998 to 2006

Target species Partly implemented Fully implemented From partly to fully implemented (exception NSW still considered partly implemented by 2006)

Results Results for all jurisdictions and types (industry management and research) by number of occurrences

Components 1998 2006 Target species No progress

Planned Partly implemented Fully implemented

0 1

14 0

No progress Planned Partly implemented Fully implemented

0 0 6

10 There is the issue of different interpretation of questions As one respondent suggested an onsite workshop would most probably produce a superior result and response

Section 2 Survey results Section 2 In your jurisdiction how have fisheries management responses changed with regard to ESDEBFM from 1998 to 2006 Question 3 For each year (1998 and 2006) rank progress of incorporating ESDEBFM operational measures into policy planning legislation and management arrangements for environmental economic social and governance components (Fully implemented Partly implemented Planned No progress)

Appendix B

343

Overall

Further progress has been made in incorporating ESDEBFM operational measures into policy planning legislation and management arrangements for environmental economic social and governance components for the period 1998 to 2006 as highlighted by the figures below In 1998 all components were considered as having partly implemented operational measures even though levels of progress varied All components had some aspects that were considered at the planned or no progress stage Only the economic component was considered as making some progress towards being fully implemented By 2006 all components (except for the social) showed a shift towards being fully implemented with the target species component showing the most progress For components where incorporation of operational measures are considered partly implemented these show an increase and similar progress There has been a significant shift for components that consider progress as only planned or where no progress has been made with only some aspects of the habitat communityecosystems economic and social components being considered to be in these categories

1998 progress incorporating ESDEBFM operational measures

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344

2006 Progress incorporating ESDEBFM operational measures

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The figure below provides a comparison of progress in incorporating ESDEBFM operational measures for components from 1998 to 2006 This information was derived by a weighted sum of those components considered fully implemented partly implemented planned or no progress for each year (a relative weighting of levels) This demonstrates the overall progress made from 1998 to 2006 By 2006 progress for the byproduct bycatch TEPs species and governance components were similar and closer to the level of progress made for the target species component The next level of progress was for habitat communityecosystems economic and social components which as a group were at similar levels

Incorporation of ESDEBFM operational measures progress from 1998 to 2006

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Appendix B

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Comments on variations

By role of respondent A variation within and across all jurisdictions for both years was between research and management views on levels of implementation The majority (14 out of 23 occurrences) of research responses considered implementation to be not as far advanced as management responses For example research responses viewed implementation as planned and management as partly implemented or research responses viewed implementation as partly implemented and management as fully implemented

By component For all jurisdictions the overall progress of incorporating ESDEBFM operational measures by component are presented in the table below Where the overall progress for components from 1998 to 2006 remains the same for example byproduct and bycatch species and governance progress is reported as partly implemented for both years this does not necessarily mean a static situation as can be seen from the figures above

Components 1998 overall for all jurisdictions

2006 overall for all jurisdictions

Target species Partly implemented Fully implemented Byproduct species Partly implemented Partly implemented Bycatch species Partly implemented Partly implemented Threatened and Endangered species

Planned Partly implemented

Habitat Partly implemented Partly implemented Communitiesecosystems No progress Partly implemented Economic No progress Partly implemented Social No progress Partly implemented Governance Partly implemented Partly implemented

Results Results for all jurisdictions and types (industry management and research) by number of occurrences for the following reasons A survey was sent to each jurisdiction (eight jurisdictions) to a nominated representative for management research and industry (representing 24 possible responses However not all nominated jurisdiction representatives for management research and industry were able to respond to the survey and for those that did respond not all questions were answered

Components 1998 2006 Target species No progress

Planned Partly implemented Fully implemented

0 1

14 0

No progress Planned Partly implemented Fully implemented

0 0 6

10 Byproduct species No progress

Planned Partly implemented Fully implemented

1 3

11 0

No progress Planned Partly implemented Fully implemented

0 0

14 2

Bycatch species No progress Planned Partly implemented

1 7 7

No progress Planned Partly implemented

0 0

13

346

Components 1998 2006 Fully implemented 0 Fully implemented 3

Threatened and Endangered species

No progress Planned Partly implemented Fully implemented

3 9 3 0

No progress Planned Partly implemented Fully implemented

0 0

13 3

Habitat No progress Planned Partly implemented Fully implemented

4 5 6 0

No progress Planned Partly implemented Fully implemented

1 2

12 1

Communitiesecosystems No progress Planned Partly implemented Fully implemented

7 5 3 0

No progress Planned Partly implemented Fully implemented

0 5

10 1

Economic No progress Planned Partly implemented Fully implemented

6 4 4 1

No progress Planned Partly implemented Fully implemented

1 1

12 1

Social No progress Planned Partly implemented Fully implemented

10 2 3 0

No progress Planned Partly implemented Fully implemented

2 4

10 0

Governance No progress Planned Partly implemented Fully implemented

2 2

11 0

No progress Planned Partly implemented Fully implemented

0 0

13 3

Question 4 For each year (1998 and 2006) indicate where performance indicators and benchmarks wereare being used for environmental economic social and governance components (All Some None)

Overall

An increasing number of performance indicators and benchmarks are being used for the environmental economic social and governance components for the period from 1998 to 2006 as outlined by the figures below Generally in 1998 use of performance indicators and benchmarks was reported at none or only some for components By 2006 indicators and benchmarks were reported at all for components although at low levels with majority still reporting at some

Appendix B

347

1998 use of performance indicators and benchmarks

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Used

None Some All

2006 use of performance indicators and benchmarks

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Components

Use

d

None Some All

The figure below provides a comparison of use of performance indicators and benchmarks for components from 1998 to 2006 This information was derived by a weighted sum of those components considered using none some or all for each year (a relative weighting of levels) This demonstrates an overall increase in use from 1998 to 2006 By 2006 use of performance indicators and benchmarks had increased for all components although there were variations between components With highest use for target and byproduct species components followed by bycatch TEPs and governance as a group then habitat and communityecosystems and then economic and social components

348

Use of performance indicators and benchmarks from 1998 to 2006

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19982006

Comments on variations

By role of respondent A variation within and across all jurisdictions for both years was between research and management views on levels on levels of use of performance indicators and benchmarks The majority (14 out of 25 occurrences) research considered implementation to not be as far advanced as management For example research considered none used and management considered some used or research considered some used and management considered fully all used By component For all jurisdictions the overall use of performance indicators and benchmarks by component are presented in the table below Where the overall use of performance indicators and benchmarks from 1998 to 2006 remains the same for example byproduct and bycatch species as some used this does not necessarily mean a static situation as highlighted in the above figures

Components 1998 overall for all jurisdictions

2006 overall for all jurisdictions

Target species Some Some Byproduct species

Some Some

Bycatch species

None Some

Threatened and Endangered species

None Some

Habitat None Some Communitiesecosystems

None Some

Appendix B

349

Components 1998 overall for all jurisdictions

2006 overall for all jurisdictions

Economic None Some Social None Some Governance None Some

Results Results for all jurisdictions and types (industry management and research) by number of occurrences for the following reasons A survey was sent to each jurisdiction (eight jurisdictions) to a nominated representative for management research and industry (representing 24 possible responses However not all nominated jurisdiction representatives for management research and industry were able to respond to the survey and for those that did respond not all questions were answered Results

Components 1998 2006 Target species None

Some All

0 14

1

None Some All

0 7 8

Byproduct species None Some All

5 10

0

None Some All

0 10

6 Bycatch species None

Some All

9 6 0

None Some All

1 13

2 Threatened and Endangered species

None Some All

8 7 0

None Some All

0 14

2 Habitat None

Some All

10 4 0

None Some All

4 10

1 Communitiesecosystems None

Some All

12 2 0

None Some All

5 9 1

Economic None Some All

9 5 0

None Some All

5 8 2

Social None Some All

12 2 0

None Some All

7 7 1

Governance None Some All

7 6 1

None Some All

4 7 4

Question 5 For each year (1998 and 2006) what wasis the level of confidence in managing the environmental economic social and governance components under ESDEBFM principles (High Medium Low)

350

Overall

An increasing level of confidence in managing the environmental economic social and governance components under ESDEBFM principles was reported from 1998 to 2006 as outlined in the figures below Overall in 1998 low to medium confidence predominated but by 2006 this had shifted to medium to high confidence However there was only medium confidence for the communityecosystems and social components For those components that reported high confidence the target species component as might be expected had the greatest level of confidence followed by byproduct species governance habitat bycatch and TEPs species and economic components

1998 levels of confidence in managing the components under ESDEBFM principles

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Low Medium High

2006 levels of confidence in managing the components under ESDEBFM principles

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Conf

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Low Medium High

Appendix B

351

The figure below provides a comparison of levels of confidence in managing the components under ESDEBFM principles from 1998 to 2006 This information was derived by a weighted sum of those components considered low medium or high confidence for each year (a relative weighting of levels) This demonstrates the overall increase in levels of confidence from 1998 to 2006 By 2006 levels of confidence had increased for all components although there were variation in levels between components with least confidence for the communityecosystems and the social components

Levels of confidence in managing the components under ESDEBFM principles from 1998 to 2006

05

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19982006

Comments on variations

By component For all jurisdictions the overall levels of confidence in managing the components under ESDEBFM principles is presented in the table below Where the level of confidence in managing the components under ESDEBFM principles components from 1998 to 2006 remains the same for example bycatch species communitiesecosystems social and governance this does not necessarily mean a static situation as highlighted by the histograms above

Components 1998 overall for all jurisdictions

2006 overall for all jurisdictions

Target species Medium High Byproduct species

Medium Medium

Bycatch species

Low Medium

Threatened and Endangered species

Low Medium

Habitat Low Medium

352

Components 1998 overall for all jurisdictions

2006 overall for all jurisdictions

Communitiesecosystems

Low Low

Economic Low Medium Social Low Low Governance Medium Medium

Results Results for all jurisdictions and types (industry management and research) by number of occurrences for the following reasons A survey was sent to each jurisdiction (eight jurisdictions) to a nominated representative for management research and industry (representing 24 possible responses However not all nominated jurisdiction representatives for management research and industry were able to respond to the survey and for those that did respond not all questions were answered

Components 1998 2006 Target species Low

Medium High

2 10

3

Low Medium High

0 2

13 Byproduct species Low

Medium High

7 8 0

Low Medium High

0 9 6

Bycatch species Low Medium High

13 2 0

Low Medium High

2 12

2 Threatened and Endangered species

Low Medium High

10 5 0

Low Medium High

1 12

2 Habitat Low

Medium High

10 5 0

Low Medium High

6 6 3

Communitiesecosystems Low Medium High

14 1 0

Low Medium High

10 6 0

Economic Low Medium High

11 4 0

Low Medium High

6 9 1

Social Low Medium High

14 1 0

Low Medium High

10 5 0

Governance Low Medium High

6 8 1

Low Medium High

2 10

4 Question 6 Wasis the level of confidence in managing environmental economic social and governance components under ESDEBFM principles different across your major fisheries

Appendix B

353

Overall

Overall confidence in managing environmental economic social and governance components has increased since 1998 However there are differences in levels of confidence between these components Generally by 2006 there was greater confidence in managing target species followed by byproduct species governance bycatch species and TEPs habitat economics communitiesecosystems and social The habitat and communityecosystem components are taken into account in decision making but are more likely to be based on qualitative information Economic information is collected but approach and analysis in management decisions varies Much less information is collected and used for managing the social component There is confidence in the governance component but the development of performance indicators is considered difficult

Comments on variations

There were perceived differences across major fisheries within and between jurisdictions regarding the level of confidence in managing environmental economic social and governance components under ESDEBFM principles In general these differences related to the level of research and information available which tends to be associated with higher value fisheries which have the capacity ($) to collect such information Other differences reported included perceived benchmark differences between trawl fisheries and other types of fisheries and that recreational fisheries are not managed or assessed on a regular basis Commonwealth management considered there were no differences in the level of confidence they have in managing the various components under ESDEBFM principles which are generally consistent across major fisheries However there are differences in terms of the supporting data and amount of management focus that is applied across our minor fisheries

Section 3 Survey results Section 3 In your jurisdiction where are you now in 2006 Question 7 Which of the following assessment and management tools (ESD reporting framework risk assessment qualitative assessment quantitative assessment indicators benchmarks decision rules harvest strategies EMS) are being used

Overall

Overall for all jurisdictions in 2006 the use of assessment and management tools is represented by the figure below

354

2006 assessment and managment tools being used

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Decision r

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Comments on variations

By type (assessment and management tools) Overall for all jurisdictions in 2006 the use of assessment and management tools is ranked in the table below(from most to least)

By components (environmental economic social governance) Overall for all jurisdictions in 2006 the figure below outlines the use of assessment and management tools in managing components Highest use of assessment and management tools is for the target species component This is followed by the byproduct bycatch and TEPs species components where use is lower but at a similar level and next are the habitat communityecosystems and economic components as a group With least use of assessment and management tools for the social and governance components

Risk assessment

Qualitative assessment

ESD reporting framework

Quantitative assessment

Indicators

Benchmarks

EMS

Decision rules

Harvest strategies

9 9 8 7 7 5 5 4 2

Appendix B

355

2006 assessment and managment tools used by component

0

2

4

6

8

10

12

14

16

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Question 8 List any other assessment and management tools being used for Environmental Economic Social and Governance components In 2006 other tools listed under development or in use included the following

bull Development of codes of practice and conduct bull Development of co-management processes bull Fishery management plans and bull Formal sharing arrangements between commercial and recreational fisheries

Question 9 How useful is your current ESDEBFM reporting framework for Fisheries management EPBC requirements Regional marine planning (State) and Regional marine planning (Commonwealth)

Overall

In 2006 the overall response from jurisdictions suggests that management and research consider their current ESDEBFM reporting framework to be very useful for fisheries management EPBC requirements but less so for regional marine planning (State) and not for regional marine planning (Commonwealth) In contrast the industry response considered current ESDEBFM reporting framework for Fisheries management EPBC requirements Regional marine planning (State) as only somewhat useful and Regional marine planning (Commonwealth) not very useful

356

Component Fisheries

management EPBC requirements

Regional marine planning State

Regional marine planning Commonwealth

All jurisdictions Very useful Very useful Somewhat Not very Management Very useful Very useful Somewhat useful Not very useful Research Very useful Very useful Somewhat useful Somewhat useful Industry Somewhat useful Somewhat useful Somewhat useful Not very useful Question 10 What improvementsapproaches to reporting frameworks would you recommend for fisheries management EPBC requirements Regional marine planning (State and Federal)

Overall

Overall the recommend improvementsapproaches to reporting frameworks for fisheries management EPBC requirements Regional marine planning (State and Federal) can be categorised under processframeworks reporting tools DEWHA process and other shared stocks (collated from the survey) Processframeworks

bull Coordinated approach ndash use of similar process and framework by agencies bull Adoption of a single reporting framework would simplify reporting

requirements However the streamlining of reporting should not come at the cost of innovation

bull Processes and framework that meets fisheries management EPBC requirements and Regional marine planning

bull Integrate fisheries ESD research and management with regional marine planningMPAs

bull Need to integrate fisheries ESD research and management with regional marine planningMPAs

bull Flexibility use some parts of the framework or parts of different systems and bull Gaining a consistent reporting framework which can meet the needs of these

various requirements is essential Given the level of effort already required in managing fisheries ensuring that a reporting framework facilitates using the one process to inform and report to a number of requirements is a must Ensuring there is consistency in the reporting frameworks across jurisdictions will also become paramount as we move into a broader regional cross jurisdiction management focus These reporting frameworks do not need to be the same but need to be consistency so that they can inform each other to improve overall ecosystem management Further efforts by DEWHA and AFMF in 2006 to align the requirements of Strategic Assessments with standard ESD reporting mechanisms are also very useful and should continue to be actively supported by all parties The ESD reporting framework developed and promoted under the FRDC ESD subprogram along with other initiatives in pursuit of EBFM have

Appendix B

357

played a role in providing a common understanding across jurisdictions which has allowed some flexibility for jurisdictions to pursue different risk assessment methodologies etc (Commonwealth management)

Reporting

bull Better integration (indicators being reported on timing of reports) with State of Environment (SoE) reporting at various levels (national State and Regional Local Authority)

bull Better reporting of research outcomes in support of EPBC reporting process and bull Improved TEPs reporting

Tools

bull Improved risk assessment for each fishery as part of EPBC reporting and marine planning process

DEWHA process

bull Fisheries Management EPBC Requirements the Department of Environment and Heritage (DEWHA) needs to place greater consideration on individual fishery characteristics when conducting assessments For instance the NT has a number of characteristics that set it apart from the fisheries within other states ie large geographical area low licence numbers and significant area for expansion of many fisheries These characteristics seem to be often overlooked or misrepresented in any DEWHA assessment of the fishery Another point to note is that DEWHA recommendations that are imposed on some fisheries may not actually focus on the key sustainability areas within that fishery Perhaps a better approach is for local jurisdictions to have a greater input into the early development of DEWHA recommendations In doing so we may avoid conducting lsquounnecessaryrsquo research and instead focus the research effort on key sustainability areas within a fishery as determined by stateterritory researchers Regional Marine Planning It is important that Regional Marine Planning Boards acknowledge the DEWHA assessment of a fishery when determining Marine Park Zones For example a fishery assessed as ecologically sustainable under the EPBC Act may still have onerous restrictions placed on its area of operation within a marine park Additionally the planning process will need to recognise the sustainable fisheries management arrangements that are developed as part of any OCS agreement

bull Coordination and complementary reporting to prevent duplication Risk-based approach to improve efficiency For example no change since previous assessment therefore low risk therefore only low level reporting for EPBC Act Simplify and provide better examples ndash particularly for social and economic analysis and

bull Establish regular recreational assessments Improved risk assessment for each fishery as part of EPBC reporting and marine planning process Better reporting of research outcomes in support of EPBC reporting process Improved TEPs reporting sue early 2007

358

Other (shared stocks)

bull Reporting for shared stocks across jurisdictions and bull Coordination would be the most useful approach Currently states and the

Commonwealth report separately on shared stocks and many use different approaches Many species are fished in different jurisdictions and have different management regimes depending on whether they have crossed a boundary between State to State or State to Commonwealth waters Currently there is no incentive to get people together In the late 80s early 90s there were sub-committees of the southeast fisheries that facilitated sector (egg abalone lobster etc) meeting to discuss collaborative arrangements

Results Suggested improvements included the following

bull Coordinated approach ndash use of similar process and framework by agencies bull Adoption of a single reporting framework would simplify reporting

requirements However the streamlining of reporting should not come at the cost of innovation

bull Processes and framework that meets fisheries management EPBC requirements and Regional marine planning

bull Reporting for shared stocks across jurisdictions bull Coordination would be the most useful approach Currently states and the

Commonwealth report separately on shared stocks and many use different approaches Many species are fished in different jurisdictions and have different management regimes depending on whether they have crossed a boundary between State to State or State to Commonwealth waters Currently there is no incentive to get people together In the late 80s early 90s there were sub-committees of the southeast fisheries that facilitated sector (egg abalone lobster etc) meeting to discuss collaborative arrangements

bull Better integration (indicators being reported on timing of reports) with State of Environment (SoE) reporting at various levels (national State and Regional Local Authority)

bull Integrate fisheries ESD research and management with regional marine planningMPAs

bull Improved risk assessment for each fishery as part of EPBC reporting and marine planning process

bull Better reporting of research outcomes in support of EPBC reporting process bull Improved TEPs reporting bull Fisheries Management EPBC Requirements the Department of Environment and

Heritage (DEWHA) needs to place greater consideration on individual fishery characteristics when conducting assessments For instance the NT has a number of characteristics that set it apart from the fisheries within other states ie large geographical area low licence numbers and significant area for expansion of many fisheries These characteristics seem to be often overlooked or misrepresented in any DEWHA assessment of the fishery Another point to note is that DEWHA recommendations that are imposed on some fisheries may not actually focus on the key sustainability areas within that fishery Perhaps a

Appendix B

359

better approach is for local jurisdictions to have a greater input into the early development of DEWHA recommendations In doing so we may avoid conducting lsquounnecessaryrsquo research and instead focus the research effort on key sustainability areas within a fishery as determined by stateterritory researchers Regional Marine Planning It is important that Regional Marine Planning Boards acknowledge the DEWHA assessment of a fishery when determining Marine Park Zones For example a fishery assessed as ecologically sustainable under the EPBC Act may still have onerous restrictions placed on its area of operation within a marine park Additionally the planning process will need to recognise the sustainable fisheries management arrangements that are developed as part of any OCS agreement

bull Coordination and complementary reporting to prevent duplication Risk-based approach to improve efficiency For example no change since previous assessment therefore low risk therefore only low level reporting for EPBC Act Simplify and provide better examples ndash particularly for social and economic analysis

bull Establish regular recreational assessments Improved risk assessment for each fishery as part of EPBC reporting and marine planning process Better reporting of research outcomes in support of EPBC reporting process Improved TEPs reporting sue early 2007

bull Need to integrate fisheries ESD research and management with regional marine planningMPAs

bull Flexibility use some parts of the framework or parts of different systems bull The present ESD risk assessment method is probably now outdated and could be

replaced with more recentimproved methods and bull Gaining a consistent reporting framework which can meet the needs of these

various requirements is essential Given the level of effort already required in managing fisheries ensuring that a reporting framework facilitates using the one process to inform and report to a number of requirements is a must Ensuring there is consistency in the reporting frameworks across jurisdictions will also become paramount as we move into a broader regional cross jurisdiction management focus These reporting frameworks do not need to be the same but need to be consistency so that they can inform each other to improve overall ecosystem management Further efforts by DEWHA and AFMF in 2006 to align the requirements of Strategic Assessments with standard ESD reporting mechanisms are also very useful and should continue to be actively supported by all parties The ESD reporting framework developed and promoted under the FRDC ESD subprogram along with other initiatives in pursuit of EBFM have played a role in providing a common understanding across jurisdictions which has allowed some flexibility for jurisdictions to pursue different risk assessment methodologies etc(Commonwealth management)

Question 11 Duplication of processes what if any are the issues of fitoverlapduplication between fishery policy initiatives bioregional plans Commonwealth and State processes

360

Overall

Overall there are issues of fitoverlapduplication between fishery policy initiatives bioregional plans Commonwealth and State processes (collated from the survey) Fit

bull Better interaction and synchronization between fisheries management planning and review timetables and marine parks planning and zoning review including Commonwealth regional marine planning

bull Better integration of aquatic protected species management arrangements between jurisdiction

bull To date there is little evidence of any integration of fisheries and regional state marine planning and park processes)

bull Poor integration of fisheries ESD research and management with regional marine planningMPAs

bull Ability to fit State processes with EPBC requirements and bull The fit of processes between state and Commonwealth fisheries EBFM

initiatives and reporting frameworks has generally been streamlined effectively under the ESD framework Given the different management legislation policies and focus between the Commonwealth and State there is in many parts a variation in the emphasis placed on aspects of ESD (for example more direct emphasis by the states on social aspects compared to the Commonwealth) The variation in reporting frameworks for ESDEBFM results in a different lsquofitrsquo across the ecosystem Across all jurisdictions the reporting systems appear to vary in terms of the components it covers and where they apply to the same component the level of detail or rigor in the assessment and reporting While this variation arises due to the varying requirements of individual jurisdictions it only becomes an issue when attempting to compare reporting or when fisheries arrangements are being implemented in one jurisdiction but not in neighbouring jurisdictions Although we have some experience from the South East Marine Region it is yet to be seen how the different processes adopted by the various jurisdictions will fit together during the next stage of Bioregional Marine Planning which has commenced in all remaining Commonwealth waters around Australia

Overlap

bull There are overlaps between processes such as environmental approvals between EPA and ESD framework for aquaculture ventures This results in duplicate reporting requirements Both Commonwealth and State Marine bioregional plans are being undertaken at the same time both will require industry involvement and duplication is expected to occur

bull Overlaps between state and Commonwealth planning processes and bull Overlap between marine planning and fisheries management processes

Duplication

bull A fishery that is assessed as ecologically sustainable under the EPBC Act could have onerous restrictions placed on it when formulating bioregional plans ie closed areas to protect biodiversity This situation essentially means that the

Appendix B

361

fishery undergoes a double assessment process Perhaps the real problem is not lsquoduplication of processes but rather a lack of acknowledgement of the DEWHA assessment in the planning process and

bull An interesting follow up would be to identify what if any other issues of fitoverlapduplication between fishery policy initiatives bioregional plans Commonwealth and State processes besides those outlined below and which are generic and which are particular to individual jurisdictions This would then provide input to further improvementsapproaches to reporting frameworks for fisheries management EPBC requirements Regional marine planning (State and Federal) as recommended in Question 10 above and Question 12 below

Other

bull I think there is inadequate communication between the jurisdictions If there was more communication it would be easier to identify and discuss the issues

bull Our reporting against Management Plan Performance Indicators covers much of the territory under EPBC Be good if we had consistency of thought and objectives particularly when linking to MPA processes and

bull MSC approval should lead to automatic EPBC Act approval for export accreditation Need to align ESD reporting (biological component) with EPBC Act approval Need to provide a solution in order to reduce the cost burden to stakeholders

An interesting follow up would be to identify what if any other issues of fitoverlapduplication between fishery policy initiatives bioregional plans Commonwealth and State processes besides those outlined below and which are generic and which are particular to individual jurisdictions This would then provide input to further improvementsapproaches to reporting frameworks for fisheries management EPBC requirements Regional marine planning (State and Federal) as recommended in Question 10 above and Question 12 below Question 12 Provide recommendations for streamlining processes and reducing duplication

Overall

Queensland suggested that a national forum for ESDEBFM would bring together the people working in this discipline streamlining communication identify gaps and overlap This approach could be a useful approach for discussing and incorporating the recommendations for streamlining processes and reducing duplication as outlined below under results (collated from the survey) Results

bull Consistency between Fisheries legislation and Commonwealth legislation along with clearly defined ESD processes A single document such as an EMS should be able to be used for all processes and adequately cover all relevant issues

bull Regional planning should be consistent with endorsement of management arrangements under the EPBC Act as well as being consistent with localstate sustainable management practices

362

bull Annual fishery status reporting to meet requirements for SoE reporting as well as DEWHA EPBC assessment requirements Closer alignment of fisheries performance indicators with revised SoE indicators

bull A National forum for ESDEBFM would bring together the people working in this discipline streamlining communication identify gaps and overlap

bull Better linkagesintegration of legislation administration and research bull Fisheries management processes must be opened up to include State or

Commonwealth environment agencies so they better understand fisheries control and the benefits of current management arrangements These processes are exclusive of each other at present and a truly integrated process must occur to minimise fishery impacts and costs There needs to be improved information to the EPBC so it understands the ecosystem interactions where they exist

bull EPBC legislation shouldnt be used to manage fisheries Second assessments should be a refinement of the first round not a reinvention of them

bull Invest in regional sub-committees that cover the entire ecosystem or species range

bull Set outcome based objectives first complete risk analysis against those objectives Then develop strategies to meet objectives against risk ie do not start with a strategy (MPAs) and then look to find the objective and

bull Further efforts by DEWHA and AFMF in 2006 to align the requirements of Strategic Assessments with standard ESD reporting mechanisms are very useful and should continue to be actively supported by all parties

Section 4 Survey results Section 4 In your jurisdiction what needs further development over the next six years from 2006 to 2012 in order to better implement ESDEBFM Question 13 What are the key issueschallenges for implementation of ESDEBFM (environmental economic social governance ndash comment on each separately)

Summary

The key issueschallenges for implementation of ESDEBFM for the environmental economic social and governance components and other important points (collated from the survey) are outlined below

bull Environmental data and information needs regarding target byproduct bycatch and TEP species habitat and community components and further research for understanding the interactions between them

bull Economic identify economic issuesimpacts requiring management data collection and analysis for the development of useful management objectives performance indicators benchmarks and monitoring

bull Social identify social issuesimpacts that need to be considered data collection and analysis for development of meaningful management objectives indicators benchmarks and monitoring and

bull Governance resources for rationalisation and streamlining of governance arrangements and processes to support management and compliance and to also

Appendix B

363

ensure that the environmental economic and social components can be managed effectively within Australia

Other important challenges and points

bull Recognitionof the differences between large high value fisheries and smaller lower value fisheries The identification of differing needs and relative levels of complexity risks and impacts different fisheries pose

bull Balance between the varied environmental economic social and governance objectives

bull Regional assessments that integrate across all fishing activities and can link to the broader marine planning activities

bull How to accommodate different stakeholder perspectives and achieve equitable funding and resource allocation to meet the different needs

bull All fishery sectors to be considered and bull Improved understanding of the risks associated with issues external to the

standard biological approach for the target species (eg globalisation fuel climate change etc) is needed

Question 14 What management and assessment tools will you need to be available and in routine use by 2012 (environmental economic social governance ndash comment on each separately)

Summary

The management and assessment tools needed to be available and in routine use by 2012 for the environmental economic social governance components (collated from the survey) are as follows

Environmental

bull Cost effective environmental indicators bull Routine monitoring of target species and key habitats and ecosystem indicators bull A program for monitoring environmental changes and linking these with fishery

performance indicators bull Qualitative and quantitative models that capture some of the behaviour of the

system and use a range of data sources Also need long-term data sets from which to understand change and the processes that underpin observed patterns

bull Risk assessments quantitative studies identification of indicators performance measures and reference pointslimits (ie decision rules) and review of triggers

bull Effective methodology and supporting data to assess and manage the ecological risks associated with marine biological communities

bull Effective methodology and supporting data to take current risk assessments for species from relative risk to a better understanding of absolute (or actual) risk and

bull Effective and complementary cross jurisdictional risk assessment methodology and management for species found across fisheries (ie cumulative impact)

364

Economic

bull Economic data to reflect full picture (ie flow on costs employment in other sectors and final value of product at the restaurant)

bull A key suite of economic indicators and key aspects for the successful implementation of EBFM

bull Tools that allow economic assessment of complex fisheries ecosystems (recreational + commercial + indigenous + lsquoconservationrsquo)

bull Economic assessment techniques which are efficient and robust bull More effective economic assessment economic risk assessment and analysis

and economic management tools that can be applied consistently across all fisheries (and across different jurisdictions) and

bull Regular economic status reports showing the economic status of each of AFMArsquos fisheries

Social

bull Tools for comparing the value of fisheries resources across the commercial and recreational sectors to support objective policy decisions regarding resource allocation

bull Development of a uniform tool to measure social impacts during change bull National social impact assessment tools and bull Social risk assessment and evaluation

Governance

bull Adequate reporting bull Benchmarks for ESD bull Harvesting strategies implemented in the major fisheries bull Difficulties at present are related to habitat and community components and

social impacts Need useful tools in these areas that relate to fisheries management

bull Frameworks for managing fisheries in the context of increasing allocation shifts (commercial recreational conservation and indigenous) and external impacts including climate change and IUU fishing scenarios and

bull Review of the OCS arrangements that can effectively deal with all key species and allow them to be managed on an EBFM basis

Other important points regarding management and assessment tools

bull A range of assessment tools are required for fisheries and consideration of the varied levels of available information and research undertaken for the different fisheries

bull Simplified management strategy evaluation tools for use by fishery managers bull Performance indicators for all objectives and mechanism for ensuring balance

between objectives bull Regular recreational surveys bull EMS for all major fisheries and recognition of these tools by government as a

key management tool

Appendix B

365

bull Improved decision making models to ensure an open and transparent decision making process

bull Tools to address the cumulative impacts for bioregional planning bull Cost effective assessments that can report on the status of ecosystems at a

regional level Management systems to more efficiently reallocate resource access

bull Qualitative models that can simply integrate across all elements of ESD to provide advice on marine resource management and allocation issues and

bull Risk assessments quantitative studies identification of indicators performance measures and reference pointslimits (ie decision rules) economic social and governance probably have similar requirements

Question 15 Identify possible bottlenecks for successful implementation of ESDEBFM (list in order of most critical to least)

Summary

A number of possible bottlenecks were identified which are likely to affect the successful implementation of ESDEBFM These are categorised under the following headings funding and associated costs resources and people governancemanagement systems and the EBFM framework and datainformationresearch needs These bottlenecks (collated from the survery) are outlined below

Funding and associated costs

bull Lack of government funding and expectation on industry to pay (with current industry members investing for effects which may not be seen for future users)

bull Increased costs capacity to pay and willingness of governments to recover costs from all industry sectors especially for low value commercial and recreational fisheries

bull Lack of government funding for the co-management processes bull Lack of government funding for regular recreational management monitoring

and compliance bull Lack of government funding for core research bull Cost of research given government mandated research provider bull Industry reluctancelack of support in the cost recovery climate and bull Funding and political support to generate the necessary data tools and

management processes to further develop EBFM

Resources and people

bull The lack of staff working in the field may inhibit implementationinnovation bull Insufficient capacity amongst fishery managers bull Time and energy to focus all the right people into implementing the systems

already developed (ie people are already busy and it is hard to get all the required people to focus long enough to get real progress) ndash gaining momentum and urgency to change

bull Change fatigue in fisheries ndash there has been a lot of management change in recent years in all jurisdictions and stakeholders may be resistant to further change or lack the motivation to make EBFM a continuing priority or be

366

unable to fund the necessary changes given the economic state of many fisheries and

bull High expectations placed on industry by stakeholders in regard to various impacts

Governancemanagement systems and the EBFM framework

bull Poor legislation and policy bull Lack clear allocation and shares between fisheries sectors bull Mismatch in the spatial and temporal scales at which environmental economic

social and governance systems operate and are measured bull Challenges of interjurisdictional (including international) collaborative fisheries

ecosystem-based management and assessment of shared stocks bull Separation of marine planning and fisheriesaquaculture ESD administration and

research bull Recognition of the EBFM process as the framework for fishery management

planning bull Lack of understanding of the key frameworks by fisheries management staff

local interpretations affect the consistency of processes bull Documentation of policy development and performance measures for all areas

of EBFM Realistic indicators for ecosystem performance bull The major bottleneck is the lack of vision by most managers whose backgrounds

are primarily biological rather than multi-disciplinary bull The governance structures both within and across departments agencies and

jurisdictions clarity on the scope and objectivesoutcomes to be achieved ndash particularly at whole of government level and

bull Jurisdictional differences in implementing EBFM particularly when implementing different levels of action on the samesimilar species habitats or communities

Datainformationresearch needs

bull Developing acceptable reference points for interactions with TEP species and gaining public confidence in data collected from the fishery

bull Lack of information and need for quantitative studies to fill gaps in information feeding into risk assessments Quantitative studies to determine indicators and performance measures

bull The need for clarity of terminology as the terms ESD and EBFM are now often being used interchangeably This may lead to some confusion particularly with fisheries stakeholders and it would be useful to get an agreed understanding of this terminology across jurisdictions

bull An understanding of the importance of a multi-disciplinary approach that includes economic and social research in addition to environmental In the environmental area there is a need for a greater understanding of physical as well as biological processes and

bull Good social and economic data

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367

Question 16 Identify cost implications of implementing ESDEBFM for fisheries (both time and $)

Summary

A range of time and cost ($) implications were identified regarding implementing ESDEBFM for fisheries which affect research management and industry (collated from the survey)

Research

bull Researchers have insufficient resources to achieve their current workload let alone take on additional tasks of ESDEBFM researchanalysis and reporting The demand for traditional single species assessment advice remains We either need more staff less tasks simplified processes and innovation to better involve researchers in other disciplines

bull To develop appropriate multi-disciplinary teams in many of the agencies and institutes there needs to be an injection of capital for employment or a re-direction if resources are to be moved away from biological towards social and economic components It is unlikely that this can be achieved within the various state agencies and universities due to their small size Amalgamation of groups needs to be achieved with certain groups focused on the different aspects of ESDEBFM across all jurisdictions That is each stateuniversity is unlikely to have its own fisheries economist oceanographer sociologist etc There needs to be incentives for bringing different disciplines together even within the environmental arena such as physical (oceanography and habitat) as well as biological

bull Research costs associated with improving knowledge of ecosystem function to allow comprehensive quantitative risk assessment in complex multispecies fisheries

bull Suggest EBFM costs two to three times the cost of a basic single species stock assessment and

bull It has to be done without raising the overall level of resources required beyond about 10-15 Again getting over the initial hurdle of initiating these systems the start up costs are always more than the ongoing costs

Management

bull Example full time equivalent fisheries manager ndash $85 000 per annum 15 x full time equivalent research scientist ndash $135 000 per annum 15 x full time equivalent research technician ndash $90 000 per annum 10 x full time equivalent returns officer ndash $50 000 per annum approximately $150 000 ndash $200 000 per annum in operational costs to facilitate additional monitoring and generation of information

bull Increased management and monitoring costs Capacity to recover increased management and assessment costs from recreational fishers and non-extractive users of the resources Higher costs associated with undertaking more lsquoquantitativersquo risk assessments techniques

bull Full cost recovery basis from industry so require the most efficient process which implies that the Commonwealth and State processes should link and integrate

368

bull First round of EPBC assessments were very costly bull We have a set amount of money with which we must do the job This process

takes a lot of time to develop consult and implement thus takes time and money We are struggling to get precise assessments for key target species never mind all those other areas (bycatch TEP habitat ecosystem social economic governance) and

bull AFMA has invested over $15m (in direct attributable costs) in establishing the Ecological Risk Assement project since the year 2000 In addition to these direct costs there are substantial additional costs in terms of AFMA staff researchers industry MACs and RAGs and other stakeholders for their time and energy

Industry

bull The move to EBFM comes at significant cost to government and industry and requires ongoing commitment to continual improvement However any discussion of the costs of taking an EBFM approach should be compared to the costs to the marine environment and to our fisheries in not taking an EBFM approach Part of the problem is that the costs are incurred now (ie immediately) but the benefits will not be immediately recognisable (ie there is a time lag between investment and seeing the benefits)

bull Government has not put in the required resources Much responsibility and costs are placed on the industry of today when the benefits may not be seen for years to come

bull Failure to implement is driven by lack of government investment in all key areas of the framework Commercial industry is the only sector that contributes to management research and compliance on a cost recovery basis and

bull Significant costs and considered unaffordable by some industry members in the current climate of cost recovery

Question 17 To properly implement ESDEBFM what are the data analysis research and decision support needs (comment on each separately)

Summary

To properly implement ESDEBFM the following data analysis research and decision support requirements were identified (collated from the survey)

Data

bull Increased spatial detail and the greater detail required in terms of byproduct and bycatch corresponding to an increase in the amount of data to be collected and collated

bull Ecosystem models linkages between ecosystem components requiresdata inputs bull Improved knowledge of basic biology to support quantitative ecological

assessment tools bull Improved social and economic data for extractive and non-extractive users of

the resource bull Standardising and ensuring base level data collection among jurisdictions to

allow comprehensive assessments of ecosystems associated with shared stocks

Appendix B

369

bull Integrated spatial databases ndash all ecological data including fisheries dedicated research programs to address information needs data-based risk assessment and decision rules

bull Data across a broad range of disciplines as well as longer-term data series bull Develop databases that can handle the different data types (social economic

qualitative visual (video) as well as larger data sets bull There will be an increased need for higher resolution spatial and temporal data

All this will require improved data management and data sharing bull Need data on all components of the marine environment economics and social

aspects This needs to be both fishery related information and ideally fishery independent environmental data to allow for accurate determination of the level of impact

bull Habitat and ecological community data collection and mapping bull Consistency in the collection of data across purposes and jurisdictions is

required to allow information to be brought together when required to get a better regional perspective particularly in relation to assessing cross jurisdictional cumulative impacts and for marine bioregional planning

bull Need quantitative information to underpin the determination of indicators limit and reference points

bull Effective methodology and supporting data to assess and manage the ecological risks associated with marine biological communities and

bull Focus on innovative ways of incorporating data across disciplines Research will also need to provide monitoring technology at an affordable price This may require increased collaborations with Industry There will be increasing pressure placed on marine resources if the projected demands for fish increase Marginally harvested species will become economical and previously uneconomical species may also become economical Ecosystems that have adjusted to target species removal will now be faced with removals of species that have not been targeted previously As a small producer of seafood (kgarea of coastline or continental shelf) and the remote location Australia will be faced with increasing costs if the energy crisis eventuates High priced niche products will be important and complying with accreditation schemes The latter will be reliant on demonstrating ecosystem sustainability To do so there will need to be greater effort directed towards more vulnerable species While many of these are bycatch with minimal to no biological knowledge there will need to be improved ways of gathering data on such species

Analysis

bull Requirement for increased spatial detail corresponding to an increase in the complexity of the spatial analysis and the number of species considered

bull Regular ecological social and economic risk assessments using existing tools and refining tools where appropriate

bull Analysis of recreational participation and catch on a regular basis bull Assessment of size of populations of all TEPs bull New and novel approaches to data analysis will be required to develop decision

support mechanisms that in turn support ESD requirements bull Analysis of quantitative data for risk assessment and

370

bull Further develop the ERA methodology to assess absolute (actual) risks from fishing rather than relative risks cumulative impacts and ecological communities

Research

bull Research and monitoring to be conducted in a more spatially complex environment and a greater emphasis on the finer detail of the behaviour of the fishers and the impacts on additional elements of the ecosystem in addition to that of the target species

bull Spatial and temporal understanding of some key species that are now not taken over abroad area by commercial fishers due to closures and management changes

bull Filling information gaps needed for risk assessment and determination of indicators

bull Improved TEPs monitoring regime bull Better developed performance indicators that are able to take account of

variability of populations beyond fishing impacts bull More validation of the linkages between ecosystem components bull Further development and acceptance by other quantitative scientists of the

outcomes of ecosystem modelling techniques (including predictive tools) bull Research and development of low cost rapid assessment tools for resource

assessments in low value data poor fisheries bull Understanding recreational patterns and behaviour re bycatch and catch and

release impacts bull Co investment by State Government in key environmental and ecosystem

research as part of FRDC process bull Basic research on understanding ecological relationships between target species

and associated speciesenvironment Process studies on trophic and energynutrient linkages in the ecosystem Studies to provide information for ecosystem modelling together with the further development and refinement of ecosystem models

bull The development of frameworks and policy in line with strategic directions and supported by research and

bull Further understanding of marine ecosystems and linkages between the various components

Decision support

bull Revised fishery models that better reflect fishery status bull Management strategy evaluation tools framed in the context of ESDEBFM

They need to weight the achievement of particular objectives against the relative importance of each objective and the quality of the information against which the objective is measured

bull Better risk based systems for management decision making specific commercial and recreational allocations with appropriate monitoring a commitment to use the triple bottom line approach to decision making commitment by governments not to interfere in the management process and skew resource

Appendix B

371

shares better understanding and use of performance indicators and better decision making models and

bull Specific decision support needs will be identified through the process of establishing better data to support EBFM

Other important points

bull One size does not fit all as this is dependent on each fishery There is varying levels of risk and certainty A range of tools are required

bull A practical conceptual framework for regional level ESD ndash EBFM development of cost effective bioregional level assessments of the status of community structure Cost effective ongoing general biodiversity and habitat monitoring program Establishment of indicator sites for monitoring climate shifts Ecosystem modelling of specific high risk or priority regions Develop costs effective methods for monitoring the catch of the non commercial sector Assessment of the socio economic outcomes of current and proposed resource allocation decisions and

bull There are increasing demands and pressures on the available resources for fisheries management while the needs of the environment and government demands are continuing to escalate A clear focus on efficiency and cost effectiveness will be key drivers in prioritising what will be possible to pursue in ESDEBFM with limited future funding for data analysis and research

Section 5 Survey results Section 5 ESDEBFM across all jurisdictions Question 18 Do you have any recommendations to better achieve ESDEBFM for fisheries in Australia Responses to this question can be categorised by those issues dealt with under other questions in previous Sections 2 and 3 and new issues (collated from the survey) Those issues dealt with under other questions

bull Benchmarks must be established bull Greater budget and resources bull Simplify the reporting processes bull Better recognition of and an agreed framework for use by all jurisdictions and

agencies (fisheries and environment) Local variations that do not address all of the framework or vary the model leave industry susceptible to other interventions from other jurisdictions or agencies

bull Linked objectives between the environment and fisheries portfolios so we can shoot for the same thing This implies a more rational (and realistic) approach to marine environmental objectives

bull ESDEBFM requires a greater commitment to the collection of quantitative ecosystem data Governments need to be prepared to increase levels of funding for research and development for ESDEBFM to be adequately implemented and

372

bull OCS reform to better integrate management of fisheries eg Bass strait scallop fisheries

New issues

bull Continue national forums to facilitate discussion of jurisdictional approaches to implementing EBFM Greater engagement of industry leaders stakeholder representatives in these meetings

bull Full implementation of existing legislation Require all fisheries to comply with legislation Dont issues permitsexemptions to clearly non-compliant fisheries Apply same standards to domestic and export fisheries Community component of FRDC funding should be directed more explicitly to addressing ESD issues Industry component (1+1) only for industry priorities

bull Despite having considerable expertise located around Australia we are still a very fragmented poorly collaborating body For research the environment is still one of competition rather than collaboration Despite attempts (eg FRDC subprograms) there are few examples where the social economic and environmental disciplines are coming together to focus on fisheries issues There are also few examples where the physical and biological disciplines within the environmental area get together My recommendation would be for broader committees tasked with implementing ESD to be established across a range of sectors (eg all trawl fisheries all lobster fisheries all abalone fisheries)

bull This must be seen as the way management is done ndash not as additional processes It must be recognised that ESD and EAFM are specific versions of risk based management processes While the basic EAFM approach is the same for all fisheries the precise methods used for undertaking each of these steps needs to vary according to the situation that is being addressed This includes recognising the level of sophistication in management arrangements and processes that are available the complexity of the problems that are being addressed the level of information available and the level of formal education of those involved What can be appropriate in the assessment of a highly industrial fishery will almost certainly be inappropriate when trying to assess a small fishery in a remote community We therefore need a suite of tools that can be applied in the appropriate situation and

bull To better implement EBFM across Australian Fisheries there needs to be clarity about what EBFM is and how it is to be applied effectively across all jurisdictions Without this there will be varying implementation of EBFM which will create tension between the sectors and may result in the efforts undertaken in one jurisdiction being ineffective due to the under-implementation in another jurisdiction Having consistency in approaches will also assist Australia in reporting efforts internationally where all efforts can be aggregated

Appendix B

373

Results The following recommendations to better achieve ESDEBFM for fisheries in Australia were identified

bull Benchmarks must be established bull Greater budget and resources bull Simplify the reporting processes bull Continue national forums to facilitate discussion of jurisdictional approaches to

implementing EBFM Greater engagement of industry leaders stakeholder representatives in these meetings

bull Full implementation of existing legislation Require all fisheries to comply with legislation Dont issues permitsexemptions to clearly non-compliant fisheries Apply same standards to domestic and export fisheries Community component of FRDC funding should be directed more explicitly to addressing ESD issues Industry component (1+1) only for industry priorities

bull Better recognition of and an agreed framework for use by all jurisdictions and agencies (fisheries and environment) Local variations that do not address all of the framework or vary the model leave industry susceptible to other interventions from other jurisdictions or agencies

bull Linked objectives between the environment and fisheries portfolios so we can shoot for the same thing This implies a more rational (and realistic) approach to marine environmental objectives

bull Despite having considerable expertise located around Australia we are still a very fragmented poorly collaborating body For research the environment is still one of competition rather than collaboration Despite attempts (eg FRDC subprograms) there are few examples where the social economic and environmental disciplines are coming together to focus on fisheries issues There are also few examples where the physical and biological disciplines within the environmental area get together My recommendation would be for broader committees tasked with implementing ESD to be established across a range of sectors (eg all trawl fisheries all lobster fisheries all abalone fisheries)

bull ESDEBFM requires a greater commitment to the collection of quantitative ecosystem data Governments need to be prepared to increase levels of funding for research and development for ESDEBFM to be adequately implemented

bull OCS reform to better integrate management of fisheries eg Bass strait scallop fisheries

bull This must be seen as the way management is done ndash not as additional processes It must be recognised that ESD and EAFM are specific versions of risk based management processes While the basic EAFM approach is the same for all fisheries the precise methods used for undertaking each of these steps needs to vary according to the situation that is being addressed This includes recognising the level of sophistication in management arrangements and processes that are available the complexity of the problems that are being addressed the level of information available and the level of formal education of those involved What can be appropriate in the assessment of a highly industrial fishery will almost certainly be inappropriate when trying to assess a small fishery in a remote

374

community We therefore need a suite of tools that can be applied in the appropriate situation and

bull To better implement EBFM across Australian Fisheries there needs to be clarity about what EBFM is and how it is to be applied effectively across all jurisdictions Without this there will be varying implementation of EBFM which will create tension between the sectors and may result in the efforts undertaken in one jurisdiction being ineffective due to the under-implementation in another jurisdiction Having consistency in approaches will also assist Australia in reporting efforts internationally where all efforts can be aggregated

Question 19 Do you have any other comments concerns issues or suggestions concerning the implementation of ESDEBFM Responses to this question can be categorised by those issues dealt with under other questions in previous Sections 2 and 3 and new issues (collated from the survey) Those issues dealt with under other questions

bull There is sometimes a conflict of interest and abuse of the process to drive certain stakeholders agenda The Commonwealth process is currently driving fisheries management Management should be driven from a State Government level

bull Community component of FRDC funding should be directed more explicitly to addressing ESD issues

bull The framework is still not used as the agreed template for all agencies and jurisdictions State and Commonwealth management plans must be developed to match expectations form EPDC and the EBFM framework should be the standard

bull It needs to be realistic ndash so many processes are underway that impose requirements on managing authorities they may just get left behind with no capacity to go forward and

bull At present there is a high reliance on risk assessments but these are often based on poor data and knowledge gaps leading to largely subjective assessments The outcomes of these assessments are therefore unreliable An increased commitment needs to be made to providing the ecosystem data necessary for informed assessments to be undertaken

New issues

bull This survey needs to be combined with the DPI management response I have only answered the research aspects as directed 2) Given the potential length of the survey 12 questions requiring up to 5000 characters or 24 A4pages of text in addition to the multiple choice and the need to collect this information from 4 to 6 different groups across the organisation An onsite half day workshop would most probably produce a superior result and response given the face to face interaction with the project interviewer

bull The implementation of ESDEBFM is a worthwhile and necessary direction to take within fisheries management However implementation comes at considerable expense and requires a large amount of resources in order to be

Appendix B

375

implemented in a timely and effective manner There is also the additional problem of ensuring compliance of a fishery with the principles of ESDEBFM Furthermore many small scale or low impact fisheries can often be faced with onerous requirements placed on the fishery Invariably these small scale fisheries are lowly resourced and it is difficult to justify the cost of these restrictions when the net benefits to the fishery are analysed Essentially this situation is not cost effective for small scale fisheries particularly when these small fisheries are low impacting (as is the general case in the NT)

bull Ecosystems do not follow jurisdictional boundaries A recurrent National forum to resolve ESDEBFM across multiple jurisdictions would be useful

bull Challenge of integration incorporation at various levels of EBFM as it develops and is implemented by fisheries agencies into developing NRM CZM frameworks

bull More effort into training re EBFM and ESD assessment techniques both at tertiary level and for current fisheries managerspeak bodiesadvisory bodies

bull Many of the difficulties experienced with implementing EAFM appear to result from a mixture of myth fear and unrealistic expectations about what is needed for this process This produces a situation where it can seem much too difficult to begin These concepts are not just an excuse for undertaking more detailed research They can be started with whatever level of information is available with any additional work being determined by what is really needed rather than simply what is possible The lack of good governance arrangements not the lack of ecological data has been the most commonly identified high risk issue and

bull Australia is currently well placed internationally to not only be talking about EBFM but also to demonstrate that we are developing the necessary tools and actively implementing measures to support EBFM in practice While we should be proud of our achievements in this regard we need to maintain this focus and continue our commitment to deliver EBFM (Commonwealth management)

Results The following comments concerns issues or suggestions concerning the implementation of ESDEBFM were identified

bull This survey needs to be combined with the DPI management response I have only answered the research aspects as directed 2) Given the potential length of the survey 12 questions requiring up to 5000 characters or 24 A4pages of text in addition to the multiple choice and the need to collect this information from 4 to 6 different groups across the organisation An onsite half day workshop would most probably produce a superior result and response given the face to face interaction with the project interviewer

bull There is sometimes a conflict of interest and abuse of the process to drive certain stakeholders agenda The Commonwealth process is currently driving fisheries management Management should be driven from a State Government level

bull The implementation of ESDEBFM is a worthwhile and necessary direction to take within fisheries management However implementation comes at considerable expense and requires a large amount of resources in order to be implemented in a timely and effective manner There is also the additional

376

problem of ensuring compliance of a fishery with the principles of ESDEBFM Furthermore many small scale or low impact fisheries can often be faced with onerous requirements placed on the fishery Invariably these small scale fisheries are lowly resourced and it is difficult to justify the cost of these restrictions when the net benefits to the fishery are analysed Essentially this situation is not cost effective for small scale fisheries particularly when these small fisheries are low impacting

bull Ecosystems do not follow jurisdictional boundaries A recurrent National forum to resolve ESDEBFM across multiple jurisdictions would be useful

bull Challenge of integration incorporation at various levels of EBFM as it develops and is implemented by fisheries agencies into developing NRM CZM frameworks

bull Community component of FRDC funding should be directed more explicitly to addressing ESD issues

bull The framework is still not used as the agreed template for all agencies and jurisdictions State and Commonwealth management plans must be developed to match expectations form EPDC and the EBFM framework should be the standard

bull It needs to be realistic ndash so many processes are underway that impose requirements on managing authorities they may just get left behind with no capacity to go forward

bull At present there is a high reliance on risk assessments but these are often based on poor data and knowledge gaps leading to largely subjective assessments The outcomes of these assessments are therefore unreliable An increased commitment needs to be made to providing the ecosystem data necessary for informed assessments to be undertaken

bull More effort into training re EBFM and ESD assessment techniques both at tertiary level and for current fisheries managerspeak bodiesadvisory bodies

bull Many of the difficulties experienced with implementing EAFM appear to result from a mixture of myth fear and unrealistic expectations about what is needed for this process This produces a situation where it can seem much too difficult to begin These concepts are not just an excuse for undertaking more detailed research They can be started with whatever level of information is available with any additional work being determined by what is really needed rather than simply what is possible The lack of good governance arrangements not the lack of ecological data has been the most commonly identified high risk issue and

bull Australia is currently well placed internationally to not only be talking about EBFM but also to demonstrate that we are developing the necessary tools and actively implementing measures to support EBFM in practice While we should be proud of our achievements in this regard we need to maintain this focus and continue our commitment to deliver EBFM

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Sec

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Sec

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fro

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Sec

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Sec

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5

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5

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sec

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App

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Fo

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6

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6

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6

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ACKNOWLEDGEMENTS

The members of the ESD Working Group provided feedback and input into the developments of the methods helped co-ordinate responses and reviewed the final draft report

  • 211BCoordination and consistency
  • 212BTools development
  • 213BResources and capacity
  • 214BTraining and communication
  • 4BIntroduction
  • 5BMethods
  • 6BReview summary
  • 7B1 A snapshot of experience and approaches since the last review from 1998 to 2006
    • 48B11 Implications and recommendations from the ESD Review 1998
    • 49B12 Work undertaken by ESD subprogram since 1998 review
      • 215BGuides
      • 216BRisk assessment
      • 217BThe Seafood Environmental Management System for the Fishing Industry
      • 218BRelationship of National ESD Reports with other reporting requirements
      • 219BEcologically Sustainable Development Glossary
      • 220BEcologically Sustainable Development publications
      • 221BOther related ESD publications
        • 50B13 Governance and the responses to key issues
          • 8B2 Review of the strategic assessment methods under EPBC Act and management approaches
            • 51B21 Strategic assessment process under the EPBC Act
              • 222BReassessments AFMFDEWHA working group
                • 52B22 Strategic assessment submissions and management approaches adopted by the fisheries agencies
                  • 223BUse of performance indicators decision rules in 1998
                  • 224BUse of performance indicators decision rules in 2007
                      • 9B3 Review of the management responses to ESD and EBFM
                        • 53B31 The ESDEBFM Survey
                        • 54B32 How fisheries management responses have changed with regard to ESDEBFM within jurisdictions from 1998-2006
                          • 225BUse of assessment and management tools
                          • 226BUsefulness of current ESDEBFM reporting frameworks
                          • 227BIssues of fitoverlapduplication between fishery policy initiatives bioregional plans Commonwealth and State processes
                            • 55B34 Further development needs over the next six years from2006 to 2012 to facilitate the implementation of ESDEBFM
                              • 228BThe key issueschallenges for implementation of ESDEBFM (environmental economic social governance)
                              • 229BWhat management and assessment tools will need to be available and in routine use by 2012 (environmental economic social governance)
                              • 230BPossible bottlenecks for successful implementation of ESDEBFM
                              • 231BCost implications of implementing ESDEBFM for fisheries (both time and money)
                              • 232BThe data analysis research and decision support needs to properly implement ESDEBFM
                                  • 10B40 Recommendations for the most appropriate next steps
                                    • 233BCoordination and consistency
                                    • 234BTools development
                                    • 235BResources and capacity
                                    • 236BTraining and communication
                                    • 237BGovernance
                                    • 56B111 Ecological Sustainable Development (ESD)
                                    • 57B112 Ecosystem Based Management (EBM) the concept
                                    • 58B113 Ecosystem Based Fisheries Management (EBFM)
                                      • 238BEcosystem Based Fisheries Management the international dimension
                                      • 239BLOSC and the CBD development of EBFM approach
                                      • 240BEcosystem Based Fishery Management (EBFM) the concept
                                      • 241BEBFM the key issues
                                      • 242BInternational policy initiatives and strategies in response to the issues
                                          • 11B12 EBFM and other similar approaches to address broader ecosystem issues for fisheries
                                            • 59B121 Integrated Coastal Management and Large Marine Ecosystems Management
                                            • 60B122 Multiple Use Management
                                            • 61B123 Integrated catchment management ndash from land to sea
                                            • 62B124 Environmental management systems
                                            • 63B125 Codes of conductpractice
                                            • 64B126 Accreditation schemes
                                            • 65B127 Co-management and consultation mechanisms (government agencies industry fisheries)
                                            • 66B128 ESD subprogram approach to Ecosystem Based Management (EBM) and other related systems
                                              • 12B13 ESDEBFM in Australia a national response
                                                • 67B131 Australia regional and bilateral responses
                                                • 68B132 Australia national response
                                                • 69B133 NSESD 1992
                                                • 70B134 Australiarsquos Exclusive Economic Zone (1994)
                                                  • 243BAFZ and EEZ
                                                    • 71B135 Australiarsquos Ocean Policy
                                                    • 72B136 Environment Protection and Biodiversity Conservation (EPBC) Act 1999
                                                    • 73B137 Looking to the future a review of Commonwealth fisheries policy
                                                    • 74B138 Ministerrsquos announcement for Securing our Fishing Future package for Commonwealth fisheries (2005)
                                                      • 244BDetails of the Australian Governmentrsquos direction to AFMA
                                                      • 245BOutline of the proposed Marine Protected Areas (MPAs) networks in the South-East Marine Region
                                                      • 246BOutline of the fisheries structural adjustment package
                                                        • 75B139 AFMArsquos response to the Ministerrsquos directive
                                                        • 76B1310 Capability and capacity building
                                                          • 247BNational Resource Management Ministerial Council (NRMMC)
                                                            • 407BNatural Resource Policies and Programs Committee
                                                            • 408BMarine and Coastal Committee
                                                              • 248BEcologically Sustainable Development Reporting and Assessment Subprogram
                                                                  • 13B14 Fisheries policy initiatives and mitigation measures
                                                                    • 77B141 Department of Agriculture Fisheries and Forestry
                                                                      • 249BFisheries and Marine Environment Branch
                                                                      • 250BFisheries policy initiatives and mitigation measures
                                                                        • 78B142 The Department of the Environment Water Heritage and the Arts
                                                                          • 251BThe Coasts and Oceans Division
                                                                          • 252BFisheries policy initiatives and mitigation measures
                                                                              • 14B15 Australian fisheries management
                                                                                • 79B151 AFMA Commonwealth fisheries
                                                                                  • 253BEnvironment and sustainability
                                                                                  • 254BEcologically Sustainable Development (ESD)
                                                                                  • 255BEcosystem Based Fishery Management
                                                                                    • 80B152 State and Territory fisheries
                                                                                    • 81B153 EBFM key fisheries management concepts
                                                                                      • 256BFisheries Management Plans
                                                                                        • 409BCommonwealth management plans
                                                                                        • 410BState and Territory management plans
                                                                                          • 257BManagement measures harvest strategies and spatial management
                                                                                          • 258BDraft Commonwealth fisheries Harvest Strategy Policy
                                                                                            • 411BSouth East fishery implementation of F-based harvest control rules an example
                                                                                            • 412BMarine Protected Areas
                                                                                              • 259BManagement assessment and decision making tools
                                                                                              • 260BMonitoring performance indicators decision rules and reporting
                                                                                              • 261BReporting
                                                                                              • 262BResearch
                                                                                              • 263BConsultation
                                                                                                  • 15B21 Review of strategic assessment processes under the EPBC Act
                                                                                                    • 82B211 Environment Protection and Biodiversity Conservation (EPBC) Act 1999
                                                                                                    • 83B212 Review of State and Commonwealth strategic assessment submissions to DEWHA
                                                                                                    • 84BNew South Wales fisheries
                                                                                                    • 85BNorthern Territory fisheries
                                                                                                    • 86BQueensland fisheries
                                                                                                    • 87BSouth Australian fisheries
                                                                                                    • 88BTasmanian fisheries
                                                                                                    • 89BVictorian fisheries
                                                                                                    • 90BWestern Australian fisheries
                                                                                                    • 91BCommonwealth fisheries
                                                                                                    • 92B213 DEWHA Assessment of fisheries
                                                                                                      • 222H264BAccreditation of a plan of management
                                                                                                      • 265B223HDeclaration of an approved Wildlife Trade Operation
                                                                                                      • 266B224HMinisterial decision ndash recommendations and conditions
                                                                                                          • 16B22 Review and report on the major issues raised from theEPBC strategic assessment process for ESD and EBFM
                                                                                                            • 93B221 Background
                                                                                                            • 94B222 Review of the first round of EPBC assessment process
                                                                                                            • 95BMCCN Survey
                                                                                                              • 267BBackground to the survey and questions that the survey was to address
                                                                                                              • 268BThe MCCN Survey Questions
                                                                                                              • 269BSummary of the key findings
                                                                                                                • 96B223 AFMFDEWHA review lessons learnt and possible future directions
                                                                                                                  • 270BFishery agency submissions to DEWHA
                                                                                                                  • 271BDEWHA assessment process
                                                                                                                  • 272BMinisterrsquos decisions and recommendations
                                                                                                                  • 273BIssues
                                                                                                                  • 274BFuture assessments and recommendations
                                                                                                                    • 97B224 Reassessments AFMFDEWHA working group
                                                                                                                      • 17B23 AFMF national research priorities for 2006-08
                                                                                                                        • 98B231 Background
                                                                                                                        • 99B232 National fisheries management research priorities 2006 to 2008
                                                                                                                          • 18B31 The ESDEBFM Survey
                                                                                                                            • 100B311 Background
                                                                                                                            • 101B312 Technical
                                                                                                                            • 102B313 Limitations on interpreting results
                                                                                                                              • 19B32 Summary of survey results ndash Section 2
                                                                                                                                • 103B321 Progress towards incorporating ESDEBFM operational measures into policy planning legislation and management arrangements for environmental economic social and governance components
                                                                                                                                  • 275BComments on variations
                                                                                                                                    • 104B322 Indications of where performance indicators and benchmarks wereare being used for environmental economic social and governance components
                                                                                                                                      • 276BComments on variations
                                                                                                                                        • 105B323 Levels of confidence in managing the environmental economic social and governance components under ESDEBFM principles
                                                                                                                                          • 277BComments on variations
                                                                                                                                          • 278BOther comments
                                                                                                                                              • 20B33 Section 3 Survey results
                                                                                                                                                • 106B331 Use of assessment and management tools
                                                                                                                                                  • 279BCommonwealth management further information
                                                                                                                                                    • 107B332 Usefulness of current ESDEBFM reporting frameworks
                                                                                                                                                      • 280BRecommendations
                                                                                                                                                        • 108B333 Issues of fitoverlapduplication between fishery policy initiatives bioregional plans Commonwealth and State processes
                                                                                                                                                          • 281BIssues
                                                                                                                                                          • 282BRecommendations
                                                                                                                                                              • 21B34 Section 4 survey results
                                                                                                                                                                • 109B341 The key issueschallenges for implementation of ESDEBFM (environmental economic social governance)
                                                                                                                                                                • 110B342 What management and assessment tools will need to be available and in routine use by 2012 (environmental economic social governance)
                                                                                                                                                                • 111B343 Possible bottlenecks for successful implementation of ESDEBFM
                                                                                                                                                                • 112B344 Cost implications of implementing ESDEBFM for fisheries (both time and money)
                                                                                                                                                                • 113B345 The data analysis research and decision support needs to properly implement ESDEBFM
                                                                                                                                                                  • 22B35 Section 5 Survey results
                                                                                                                                                                    • 114B351 Recommendations to better achieve ESDEBFM for fisheriesin Australia
                                                                                                                                                                    • 115B352 Other comments concerns issues or suggestions concerning the implementation of ESDEBFM
                                                                                                                                                                      • 23BEPBC The structure of the Act
                                                                                                                                                                        • 116BBiodiversity conservation
                                                                                                                                                                        • 117BEnforcement and administration
                                                                                                                                                                        • 118BEnvironmental assessment and approval
                                                                                                                                                                        • 119BESD Reporting and review
                                                                                                                                                                        • 120BEnforcement
                                                                                                                                                                          • 24BEPBC Principles and objectives
                                                                                                                                                                            • 121BPrinciple 1
                                                                                                                                                                              • 413BInformation requirements
                                                                                                                                                                              • 414BAssessment
                                                                                                                                                                              • 415BManagement response
                                                                                                                                                                              • 416BManagement response
                                                                                                                                                                                • 122BPrinciple 2
                                                                                                                                                                                  • 283BObjective 1
                                                                                                                                                                                    • 417BInformation requirements
                                                                                                                                                                                    • 418BAssessment
                                                                                                                                                                                    • 419BManagement response
                                                                                                                                                                                      • 284BObjective 2
                                                                                                                                                                                        • 420BInformation requirements
                                                                                                                                                                                        • 421BAssessment
                                                                                                                                                                                        • 422BManagement response
                                                                                                                                                                                          • 285BObjective 3
                                                                                                                                                                                            • 423BInformation requirements
                                                                                                                                                                                            • 424BAssessment
                                                                                                                                                                                            • 425BManagement response
                                                                                                                                                                                              • 25BAssessment of Fisheries
                                                                                                                                                                                              • 26BAccreditation Benchmarks for the Environmental Assessment of Fisheries
                                                                                                                                                                                              • 27BTerms of Reference for Environmental Assessment of Fisheries
                                                                                                                                                                                              • 28BFishery agency submissions and DEWHA assessments
                                                                                                                                                                                              • 29BState Fisheries
                                                                                                                                                                                              • 30BNew South Wales Fisheries
                                                                                                                                                                                                • 286BNSW DPI submissions to DEWHA
                                                                                                                                                                                                  • 31BThe NSW 240HAbalone Fishery an example
                                                                                                                                                                                                    • 123B
                                                                                                                                                                                                    • NSW DPI submission to DEWHA in more detail
                                                                                                                                                                                                    • 124BLegislation Acts
                                                                                                                                                                                                    • 125BManagement
                                                                                                                                                                                                      • 287BPlans and regulations
                                                                                                                                                                                                      • 288BDraft Abalone Fishery Code of Practice
                                                                                                                                                                                                      • 289BHarvest strategies
                                                                                                                                                                                                      • 290BSpatial management
                                                                                                                                                                                                        • 126BAssessment
                                                                                                                                                                                                          • 291BStock assessment
                                                                                                                                                                                                          • 292BEnvironmental Impact Statement (EIS)
                                                                                                                                                                                                          • 293B
                                                                                                                                                                                                          • Economic and social issues considered
                                                                                                                                                                                                          • 294BRisk assessment
                                                                                                                                                                                                            • 127BMonitoring and Performance
                                                                                                                                                                                                              • 295BMonitoring
                                                                                                                                                                                                              • 296BIndicators and Trigger Points
                                                                                                                                                                                                                • 128BReporting
                                                                                                                                                                                                                • 129BResearch
                                                                                                                                                                                                                  • 297BOther Research
                                                                                                                                                                                                                    • 130BConsultation
                                                                                                                                                                                                                    • 131BSupporting documentsreports (NSW DPI)
                                                                                                                                                                                                                    • 132BReferences
                                                                                                                                                                                                                      • 298BThe assessment
                                                                                                                                                                                                                      • 299BDEWHA assessment report
                                                                                                                                                                                                                      • 300B260HMinisterial decision
                                                                                                                                                                                                                          • 32BNorthern Territory Fisheries assessments
                                                                                                                                                                                                                            • 301BNT DPIFM submissions to DEWHA
                                                                                                                                                                                                                              • 33B270HNT Spanish Mackerel Fishery an example
                                                                                                                                                                                                                                • 133BNT DPIFW Submission to DEWHA in more detail
                                                                                                                                                                                                                                • 134BLegislation Acts
                                                                                                                                                                                                                                • 135BManagement
                                                                                                                                                                                                                                  • 302BPlans and regulations
                                                                                                                                                                                                                                  • 303BHarvest strategies
                                                                                                                                                                                                                                  • 304BSpatial management
                                                                                                                                                                                                                                    • 136BAssessment
                                                                                                                                                                                                                                      • 305BStock assessment
                                                                                                                                                                                                                                      • 306BRisk assessment
                                                                                                                                                                                                                                        • 137BMonitoring performance indicators and trigger points
                                                                                                                                                                                                                                          • 307BMonitoring
                                                                                                                                                                                                                                          • 308BPerformance indicators and trigger points
                                                                                                                                                                                                                                            • 138BReporting
                                                                                                                                                                                                                                            • 139BResearch
                                                                                                                                                                                                                                              • 0BDURATION
                                                                                                                                                                                                                                                • 140BConsultation
                                                                                                                                                                                                                                                • 141BSupporting documentsreports (NT DPIFM)
                                                                                                                                                                                                                                                • 142BReferences
                                                                                                                                                                                                                                                • 143BPart 2 DEWHA assessment of the 271HNT Spanish Mackerel Fishery
                                                                                                                                                                                                                                                  • 309BThe assessment
                                                                                                                                                                                                                                                  • 310BDEWHA assessment report
                                                                                                                                                                                                                                                  • 311B277HMinisterial decision
                                                                                                                                                                                                                                                    • 34BQueensland fisheries
                                                                                                                                                                                                                                                      • 312BQLD DPI submissions to DEWHA
                                                                                                                                                                                                                                                        • 35BThe QLD 303HCoral Reef Fin Fish Fishery an example
                                                                                                                                                                                                                                                          • 144BQLD (DPI) submission to DEWHA in more detail
                                                                                                                                                                                                                                                          • 145BLegislation Acts
                                                                                                                                                                                                                                                          • 146BManagement
                                                                                                                                                                                                                                                            • 313BPlan and regulations
                                                                                                                                                                                                                                                            • 314BCode of practice
                                                                                                                                                                                                                                                            • 315BHarvest strategies
                                                                                                                                                                                                                                                            • 316BSpatial management
                                                                                                                                                                                                                                                              • 147BAssessment
                                                                                                                                                                                                                                                                • 317BStock assessment
                                                                                                                                                                                                                                                                  • 3BTEP
                                                                                                                                                                                                                                                                    • 318BRisk assessment
                                                                                                                                                                                                                                                                      • 148BMonitoring and Performance
                                                                                                                                                                                                                                                                        • 319BMonitoring
                                                                                                                                                                                                                                                                        • 320BIndicators and trigger points
                                                                                                                                                                                                                                                                        • 321BObserver program
                                                                                                                                                                                                                                                                          • 149BReporting
                                                                                                                                                                                                                                                                          • 150BResearch
                                                                                                                                                                                                                                                                          • 151BConsultation
                                                                                                                                                                                                                                                                          • 152BSupporting documentsreports (QLD DPI)
                                                                                                                                                                                                                                                                          • 153BReferences
                                                                                                                                                                                                                                                                          • 154BPart 2 DEWHA Assessment of the QLD 304HCoral Reef Fin Fish Fishery
                                                                                                                                                                                                                                                                            • 322BThe assessment
                                                                                                                                                                                                                                                                            • 323BDEWHA assessment
                                                                                                                                                                                                                                                                            • 324BMinisterial decision
                                                                                                                                                                                                                                                                                • 36BSouth Australian fisheries
                                                                                                                                                                                                                                                                                  • 325BSA PIRSA submissions to DEWHA
                                                                                                                                                                                                                                                                                    • 37BThe SA Lakes and Coorong 323H Fishery an example
                                                                                                                                                                                                                                                                                      • 155BSA (PIRSA) submission to DEWHA in more detail
                                                                                                                                                                                                                                                                                      • 156BLegislation Acts
                                                                                                                                                                                                                                                                                      • 157BManagement
                                                                                                                                                                                                                                                                                        • 326BPlans and regulations
                                                                                                                                                                                                                                                                                        • 327BCodes of practice
                                                                                                                                                                                                                                                                                        • 328BCo-management arrangements
                                                                                                                                                                                                                                                                                        • 329BHarvest strategies
                                                                                                                                                                                                                                                                                        • 330BSpatial management
                                                                                                                                                                                                                                                                                          • 158BAssessment
                                                                                                                                                                                                                                                                                            • 331BStock assessment
                                                                                                                                                                                                                                                                                            • 332BRisk assessment
                                                                                                                                                                                                                                                                                            • 333BEconomic social and governance issues
                                                                                                                                                                                                                                                                                              • 159BMonitoring and performance
                                                                                                                                                                                                                                                                                                • 334BMonitoring
                                                                                                                                                                                                                                                                                                • 335BPerformance indicators and trigger points
                                                                                                                                                                                                                                                                                                  • 160BReporting
                                                                                                                                                                                                                                                                                                  • 161BResearch
                                                                                                                                                                                                                                                                                                  • 162BConsultation
                                                                                                                                                                                                                                                                                                  • 163BSupporting documentationreports
                                                                                                                                                                                                                                                                                                  • 164BReferences
                                                                                                                                                                                                                                                                                                    • 336BThe assessment
                                                                                                                                                                                                                                                                                                    • 337BDEWHA assessment
                                                                                                                                                                                                                                                                                                    • 338BMinisterial decision (28 November 2005)
                                                                                                                                                                                                                                                                                                        • 38BTasmanian fisheries
                                                                                                                                                                                                                                                                                                          • 339BTasmanian DIPW submissions to DEWHA
                                                                                                                                                                                                                                                                                                            • 39BThe Tasmanian 340HGiant Crab Fishery an example
                                                                                                                                                                                                                                                                                                              • 165BTAS (DIPW) submission to DEWHA in more detail
                                                                                                                                                                                                                                                                                                              • 166BLegislation Acts
                                                                                                                                                                                                                                                                                                              • 167BManagement
                                                                                                                                                                                                                                                                                                                • 340BPlans and regulations
                                                                                                                                                                                                                                                                                                                • 341BCodes of practice
                                                                                                                                                                                                                                                                                                                • 342BHarvest strategies
                                                                                                                                                                                                                                                                                                                • 343BSpatial management
                                                                                                                                                                                                                                                                                                                  • 168BAssessment
                                                                                                                                                                                                                                                                                                                    • 344BStock assessment
                                                                                                                                                                                                                                                                                                                      • 1BFisheries independent data on protected species interactions comes through the extensive monitoring conducted for the rock lobster fishery Gear and vessels operating in the two fisheries are essentially identical so it is reasonable to assume that interactions are equivalent This fisheries independent data source includes interactions such as consumption of discarded bait by protected species and roosting on vessels
                                                                                                                                                                                                                                                                                                                        • 345BRisk assessment
                                                                                                                                                                                                                                                                                                                          • 169BMonitoring
                                                                                                                                                                                                                                                                                                                            • 346BMonitoring
                                                                                                                                                                                                                                                                                                                            • 347BIndicators and trigger points
                                                                                                                                                                                                                                                                                                                              • 170BReporting
                                                                                                                                                                                                                                                                                                                              • 171BResearch
                                                                                                                                                                                                                                                                                                                              • 172BConsultation
                                                                                                                                                                                                                                                                                                                              • 173BReportssupporting documentation
                                                                                                                                                                                                                                                                                                                              • 174BReferences
                                                                                                                                                                                                                                                                                                                                • 348BThe assessment
                                                                                                                                                                                                                                                                                                                                • 349BDEWHA assessment
                                                                                                                                                                                                                                                                                                                                • 350BMinisterial decision (14 July 2006)
                                                                                                                                                                                                                                                                                                                                    • 40BVictorian fisheries
                                                                                                                                                                                                                                                                                                                                      • 351BVIC DPI submissions to DEWHA
                                                                                                                                                                                                                                                                                                                                        • 41BThe VIC 361HAbalone Fishery an example
                                                                                                                                                                                                                                                                                                                                          • 175BVIC (DPI) submission to DEWHA in more detail
                                                                                                                                                                                                                                                                                                                                          • 176BLegislation Acts
                                                                                                                                                                                                                                                                                                                                          • 177BManagement
                                                                                                                                                                                                                                                                                                                                            • 352BPlans and regulations
                                                                                                                                                                                                                                                                                                                                            • 353BCo-management arrangements
                                                                                                                                                                                                                                                                                                                                            • 354BHarvest strategies
                                                                                                                                                                                                                                                                                                                                            • 355BSpatial management
                                                                                                                                                                                                                                                                                                                                              • 178BAssessment
                                                                                                                                                                                                                                                                                                                                                • 356BStock assessment
                                                                                                                                                                                                                                                                                                                                                • 357BRisk assessment
                                                                                                                                                                                                                                                                                                                                                • 358BEconomic social and governance
                                                                                                                                                                                                                                                                                                                                                  • 179BMonitoring and performance
                                                                                                                                                                                                                                                                                                                                                    • 359BMonitoring
                                                                                                                                                                                                                                                                                                                                                    • 360BPerformance indicators and trigger points
                                                                                                                                                                                                                                                                                                                                                      • 180BReporting
                                                                                                                                                                                                                                                                                                                                                      • 181BResearch (source Victorian Abalone Fishery Management Plan (March 2002)
                                                                                                                                                                                                                                                                                                                                                      • 182BConsultation
                                                                                                                                                                                                                                                                                                                                                      • 183BSupporting documentsreports (VIC DPI)
                                                                                                                                                                                                                                                                                                                                                      • 184BReferences
                                                                                                                                                                                                                                                                                                                                                        • 361BThe assessment
                                                                                                                                                                                                                                                                                                                                                        • 362BDEWHA assessment
                                                                                                                                                                                                                                                                                                                                                        • 363B367HMinisterial decision
                                                                                                                                                                                                                                                                                                                                                            • 42BWestern Australian Fisheries
                                                                                                                                                                                                                                                                                                                                                              • 364BWA Fisheries submissions to DEWHA
                                                                                                                                                                                                                                                                                                                                                                • 43BThe WA Fisheries 397HWestern Rock Lobster Fishery an example
                                                                                                                                                                                                                                                                                                                                                                  • 185BWA Fisheries submission to DEWHA in more detail
                                                                                                                                                                                                                                                                                                                                                                  • 186BLegislation Acts
                                                                                                                                                                                                                                                                                                                                                                  • 187BManagement
                                                                                                                                                                                                                                                                                                                                                                    • 365BPlans and regulations
                                                                                                                                                                                                                                                                                                                                                                    • 366BHarvest strategies
                                                                                                                                                                                                                                                                                                                                                                    • 367BSpatial management
                                                                                                                                                                                                                                                                                                                                                                      • 188BAssessment
                                                                                                                                                                                                                                                                                                                                                                        • 368BStock assessment
                                                                                                                                                                                                                                                                                                                                                                        • 369BRisk assessment
                                                                                                                                                                                                                                                                                                                                                                          • 189BMonitoring and performance
                                                                                                                                                                                                                                                                                                                                                                            • 370BMonitoring
                                                                                                                                                                                                                                                                                                                                                                            • 371BPerformance indicators and trigger points
                                                                                                                                                                                                                                                                                                                                                                                • 2BOVERVIEW TABLE examples
                                                                                                                                                                                                                                                                                                                                                                                  • 372BObserver program
                                                                                                                                                                                                                                                                                                                                                                                  • 190BReporting
                                                                                                                                                                                                                                                                                                                                                                                  • 191BResearch
                                                                                                                                                                                                                                                                                                                                                                                  • 192BConsultation
                                                                                                                                                                                                                                                                                                                                                                                  • 193BSupporting documentsreports
                                                                                                                                                                                                                                                                                                                                                                                  • 194BReferences
                                                                                                                                                                                                                                                                                                                                                                                    • 373BThe assessment
                                                                                                                                                                                                                                                                                                                                                                                    • 374BDEWHA assessment
                                                                                                                                                                                                                                                                                                                                                                                    • 375B411HMinisterial decision
                                                                                                                                                                                                                                                                                                                                                                                        • 44BCommonwealth fisheries
                                                                                                                                                                                                                                                                                                                                                                                          • 376BAFMA submission to DEWHA
                                                                                                                                                                                                                                                                                                                                                                                            • 45BAFMA Eastern Tuna and Billfish Fishery an example
                                                                                                                                                                                                                                                                                                                                                                                              • 195BAFMA submission to DEWHA in more detail
                                                                                                                                                                                                                                                                                                                                                                                              • 196BLegislation
                                                                                                                                                                                                                                                                                                                                                                                              • 197BManagement
                                                                                                                                                                                                                                                                                                                                                                                                • 377BPlans and regulations
                                                                                                                                                                                                                                                                                                                                                                                                • 378BCodes of practice
                                                                                                                                                                                                                                                                                                                                                                                                • 379BHarvest strategy
                                                                                                                                                                                                                                                                                                                                                                                                • 380BSpatial management
                                                                                                                                                                                                                                                                                                                                                                                                    • 46BAssessment
                                                                                                                                                                                                                                                                                                                                                                                                      • 381BStock assessments
                                                                                                                                                                                                                                                                                                                                                                                                      • 382BRisk assessment
                                                                                                                                                                                                                                                                                                                                                                                                      • 198BMonitoring and performance
                                                                                                                                                                                                                                                                                                                                                                                                        • 383BMonitoring
                                                                                                                                                                                                                                                                                                                                                                                                        • 384BIndicatorstriggers
                                                                                                                                                                                                                                                                                                                                                                                                        • 385BObserver program
                                                                                                                                                                                                                                                                                                                                                                                                          • 199BReporting
                                                                                                                                                                                                                                                                                                                                                                                                          • 200BResearch
                                                                                                                                                                                                                                                                                                                                                                                                          • 201BConsultation
                                                                                                                                                                                                                                                                                                                                                                                                          • 202BSupporting documents and reports
                                                                                                                                                                                                                                                                                                                                                                                                          • 203BReferences
                                                                                                                                                                                                                                                                                                                                                                                                            • 386BDEWHA assessment
                                                                                                                                                                                                                                                                                                                                                                                                            • 387BThe Ministerrsquos decision
                                                                                                                                                                                                                                                                                                                                                                                                                • 47BSurvey analysis and results
                                                                                                                                                                                                                                                                                                                                                                                                                  • 204BThe ESDEBFM Survey
                                                                                                                                                                                                                                                                                                                                                                                                                  • 205BSection 2 Survey results
                                                                                                                                                                                                                                                                                                                                                                                                                    • 388BOverall
                                                                                                                                                                                                                                                                                                                                                                                                                    • 389BComments on variations
                                                                                                                                                                                                                                                                                                                                                                                                                    • 390BOverall
                                                                                                                                                                                                                                                                                                                                                                                                                    • 391BComments on variations
                                                                                                                                                                                                                                                                                                                                                                                                                    • 392BOverall
                                                                                                                                                                                                                                                                                                                                                                                                                    • 393BComments on variations
                                                                                                                                                                                                                                                                                                                                                                                                                    • 394BOverall
                                                                                                                                                                                                                                                                                                                                                                                                                    • 395BComments on variations
                                                                                                                                                                                                                                                                                                                                                                                                                      • 206BSection 3 Survey results
                                                                                                                                                                                                                                                                                                                                                                                                                        • 396BOverall
                                                                                                                                                                                                                                                                                                                                                                                                                        • 397BComments on variations
                                                                                                                                                                                                                                                                                                                                                                                                                        • 398BOverall
                                                                                                                                                                                                                                                                                                                                                                                                                        • 399BOverall
                                                                                                                                                                                                                                                                                                                                                                                                                        • 400BOverall
                                                                                                                                                                                                                                                                                                                                                                                                                        • 401BOverall
                                                                                                                                                                                                                                                                                                                                                                                                                          • 207BSection 4 Survey results
                                                                                                                                                                                                                                                                                                                                                                                                                            • 402BSummary
                                                                                                                                                                                                                                                                                                                                                                                                                            • 403BSummary
                                                                                                                                                                                                                                                                                                                                                                                                                            • 404BSummary
                                                                                                                                                                                                                                                                                                                                                                                                                            • 405BSummary
                                                                                                                                                                                                                                                                                                                                                                                                                            • 406BSummary
                                                                                                                                                                                                                                                                                                                                                                                                                              • 208BSection 5 Survey results
                                                                                                                                                                                                                                                                                                                                                                                                                              • 209BNominated Participants by jurisdiction invited to participate in the Survey
                                                                                                                                                                                                                                                                                                                                                                                                                              • 210BESDEBFM Survey Questions
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