An Estimation of Compliance of the Fisheries of

Australia with Article 7 (Fisheries Management) of the

UN Code of Conduct for Responsible Fishing

by

Ganapathiraju Pramod and Tony J. Pitcher

This evaluation of compliance with Article 7 (Fishery Management) of the UN Code of Conduct for
Responsible Fishing (FAO 1995) is a ‘living document’ and may change with time. It is one of 53 such
country evaluations covering the top 96% of the world fish catch. Using a wide range of cited source
material, the document represents the best attempt by the authors at presenting a fair and objective
evaluation of compliance using 44 questions derived from the Code. Questions are divided into six
evaluation fields, (Management Objectives; Framework (data & procedures); Precautionary Approach;
Stocks, Fleets and Gear; Social and Economic factors, and Monitoring, Control and Surveillance): the
derivation of the 44 questions is described in Pitcher (1999). The first three fields cover intentions of a
country’s legislation to adhere to the Code; while the last three evaluation fields are intended to rate
actual performance. Full details of the methods are published in Pitcher, Kalikoski and Pramod (2006).
This evaluation has been subjected to several internal cross-checks and, where stated, has been
validated by experts familiar with the country concerned. Uncertainty in assigning each score is shown
explicitly. However, the authors are aware that omissions and errors of interpretation may still remain
for some countries. An open protocol has therefore been adopted for all country compliance
evaluations, and the team remains open at any time to comments, corrections or adjustments. Updated
versions are made available online as necessary (ftp://ftp.fisheries.ubc.ca/CodeConduct).

FAO (1995) Code of Conduct for Responsible Fisheries. FAO, Rome, 41pp.
Pitcher, T.J. (1999) Rapfish, A Rapid Appraisal Technique For Fisheries, And Its Application To The
Code Of Conduct For Responsible Fisheries. FAO Fisheries Circular No. 947: 47pp.
Pitcher, T.J., Kalikoski, D. and Pramod, G. (eds) (2006) Evaluations of Compliance with the UN Code
of Conduct for Responsible Fisheries. Fisheries Centre Research Reports 14(2).

General
Validated by Rachel Baird (Univ. of Queensland, Qsld); James Scandol (NSW)

Ranked 46th in world catch 1999 236,644 tonnes (FAO)

NOTE: Fishing is one of the major commercial sectors in Australia generating $ 2.2 billion to the
economy each year. The per capita fish consumption is around 16 kg. Fisheries resources within EEZ
are managed under commonwealth and state / territory legislations. Commonwealth is responsible for
management of fisheries outside 3 nm territorial sea while States are responsible for management in
waters adjacent to state. Exceptions in fisheries management with respect to historical dividing line
between Commonwealth and State occur through Offshore Constitutional Settlement (OCS) which was
introduced in 1980s to allow flexibility in fisheries management. Australian Fisheries Management
Agency (AFMA) manages all the commonwealth fisheries and works in collaboration with several
agencies like Agriculture, Fisheries and Forestry Australia (AFFA) which deals with broader fisheries
policy and international negotiations, and Environment Australia for inputs into Ecological
Sustainable Development issues in fisheries management. AFMA manages more than 20

1
Commonwealth fisheries worth more than $ 500 million which also include fisheries in Australia’s
external territories. Landing facilities and processing facilities are owned and operated by private
sector with the exception of port infrastructure which is under government control. Further, all state
and Territory governments have well developed and integrated management, administration,
compliance and research infrastructure for managing fisheries under their jurisdiction. States manage
inshore species such as rock lobster and abalone while AFMA manages deepwater finfish and tuna
species.

The Australian Fishing Zone (AFZ) is the third largest in the world covering nearly 9 million sq. kms,
after France and USA and covers diverse habitats ranging from inland rivers, mangrove lined creeks,
estuaries, to shallow coastal bays, and coral reefs. The geographical isolation from other continents
and its wide range of habitat types has led to evolution of unique habitats like Great Barrier Reef
(perhaps the only oceanic structure that can viewed from above the earth). However, the presence of
diverse and abundant tropical and temperate fish habitats has not supported an equally productive
fishery like other seas of the world. The reasons for this paucity include narrow continental shelf, low
nutrients in its coastal waters, little run off from a dry Australian continent coupled with predominantly
southward flow of coastal currents and lack of permanent upwelling along the coast (DAFF, 2006).
This is perhaps one of the main reasons for being ranked 46 in world’s fish catches in 1999 (Watson,
1999 rankings), in spite of having third largest fishing zone in the world.

Foreign vessels from Japan, Chinese Taipei, and Indonesia operated within 200 miles prior to
declaration of Australian Fishing Zone. In 1979 Australia developed fishing access agreements with
Japan (tuna longlining), and Korea (squid jigging); joint venture agreements with Japan (tuna
longlining), Chinese Taipei (shark gillnetting, pair trawling, demersal longlining) and Thailand
(demersal trawling). The foreign vessels were charged access fees and required to comply with
licensing requirements, logbook, radio reporting, and observer programs. Since 1997 no licensed
foreign fishing vessels have been permitted in the AFZ. The latest Fishery Status Reports based on
stock assessments conducted in 2003 shows that 17 out of 74 species were classified as overfished by
Bureau of Rural Sciences (BRS).

All the 6 States in Australia provide information on Fisheries Management for commercial,
recreational and Indigenous sectors within their territorial waters, through Department of Primary
Industries & Fisheries Websites. Detailed information about status of commercial fisheries with past,
present and future trends and management strategies are also provided. In each State fishery
assessment is undertaken primarily through catch effort data collected from commercial, recreational
and indigenous sectors, coupled with an annual review for major fisheries in each state. The extent of
data collection differs from State to State and Fishery to Fishery, with monitoring comprising of daily /
monthly logbook data or compulsory daily data reporting at sea or on return at ports. The accuracy of
the stock assessments is questionable in several fisheries as historical catch effort data is not available,
not assessed or not adequately quantified while building stock assessment models, allocating quota or
effort controls. In some fisheries, stock assessments have been incorporated into management in late
nineties making stock assessments useful to a limited extent, and hence the present use of traditional
catch and effort data to regulate fisheries. This data is being increasingly coupled in recent years with
new indicators, trigger points and performance measures to make robust assessments. In Western
Australia a detailed annual reporting of management of fish stocks is available through Department of
Fisheries. The reporting includes management changes, compliance standards, stock assessments,
monitoring of spawning stocks and environmental assessments for each fish stock.

“The Offshore Constitutional Settlement applies between all states and territories and the
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Commonwealth. It was the practical solution to manage inshore areas of the Australian coastline. After
the case of NSW v Commonwealth (1975) in which the High Court of Australia held that only the
Commonwealth had the right to declare an offshore jurisdiction under international law, the
Commonwealth found it impracticable to mange the inshore waters. The OCS results in the states
being responsible for the first 3 miles (plus all internal waters) and the Cth being responsible for 3 to
200miles. Hence there are state or territory fisheries up to 3 miles and Cth fisheries beyond that point.
Each state has its own legislation and management regime sfor the state fisheries and generally they
tend to be local fishermen (recreational) or inshore commercial fishing. The OCS is the under
arching doc upon which all marine management is based including penalties, licences, sea dumping
etc” (R. Baird, pers. comn.).

In New South Wales “The Offshore Constitutional Settlements (OCS) involves an exchange in power
between the States and the Commonwealth over marine and seabed resources. These settlements aim to
provide a framework for more ecologically rational management of fish populations and simplification
of administration and licensing for fishers. An OCS was reached between NSW and the Commonwealth
in 1991 that defines jurisdiction over specific fisheries by area, species and gear type. This OCS is still
binding and covers waters outside 3 nautical miles (nm). The Commonwealth retain jurisdiction over
tuna and billfish species by the main commercial methods in all offshore waters (outside 3nm) and over
the 16 major trawl species by the methods of fish trawling south of Barrenjoey Point only. The
Commonwealth Small Pelagics Fishery also extends outward from 3 nm” NSW Fisheries (2003a).

Australia envisages implementing a new harvest strategy for all fisheries by 2008 within a framework
which sets ‘goal posts’ for managing fish catches with set target and reference points for each species.
Ecological Risk Assessments are already in place for all commonwealth fisheries to quantify some risks
and prioritise future management needs. Improved compliance will be achieved through compulsory
Vessel Monitoring systems, electronic licensing system, and On-board catch-monitoring cameras to
complement existing observer programs in all commonwealth fisheries. Other plans include subjecting
discards of species data into total allowable catch limits by 2007, halve by-catch in all commonwealth
fisheries by 2008, increase observer coverage to 8.7% in 2007 to ensure sufficient coverage, and
evolve cost effective compliance arrangements with necessary legal amendments (AFMA, 2005c).

10 Australia: Code Score Profile

Score and Confidence Limits /10

0
enforcement IUU
sustainability evaluated
biodiversity

ecosystem linkages

environmental emergency
bycatch restricted

uncertainty quantified

capcity reduced

bycatch minimized

juvenile catch

industry funding

vessel monitoring

flags of convenience
environment

precaution explicit

depleted stocks rebuilt

management review
capacity

fishing emergency

no take areas

cost-effectiveness

observers
long-term objectives
all stakeholders
small-scale

statistics collected

discards minimized
methods harmful

ghost fishing

conflict minimized
indigenous people

catch inspection

illegal fishing
decisions transparent

social impact
reference points

habitat impacts

limit ref points

restore depletions

all life stages

target ref points

local communities
compatible jurisdictions

protect ecosystem links

1 MANAGEMENT OBJECTIVES 2 FRAMEWORK 3 PRECAUTIONARY PRINCIPLE 4 STOCKS & GEAR 5 SOCIAL & ECONOMIC 6 MCS

Note: Scores for Q6.4 and Q6.6 have been flipped in the above figure to show fisheries compliance

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Field 1: Management Objectives

1. Are formal reference points for the fish stock in Australian fisheries identified using best
science available?
Score: 7
Score Range: 5-9

Yes, to a considerable extent.

Although formal stock assessments are lacking for all federal-managed fisheries, some state-managed
fisheries have stock assessments for certain fisheries. Age at maturity and size at maturity are
calculated for all major commercial fish stocks in all the six state-managed fisheries. Details are
available at the AFMA website. CSIRO, state level fishery agencies and universities have also
conducted several studies over the years to estimate reference points in Australia’s domestic fisheries.
Length, age composition, growth rates and reference points L∞, t0 and k have been estimated for
southern herring Arripis georgiana (Fairclough et al., 2000); and bigeye tuna Thunnus obesus (Farley
et al., 2006) in Australian waters.

IOTC
Australia submits data on nominal catch, catch and effort, and size frequency statistics of tunas to
Indian Ocean Tuna Commission. Australian tuna and swordfish longliners submit information on
species composition, quantities, weight and length structure, retained and discarded species. Observers
also record information on fishing operations, environmental and oceanographic data, and interactions
with non-target species (IOTC, 2003). Age and growth data for bigeye tuna caught in the Western
Australian fishing zone are used to build stock assessment models for tropical tunas and submitted to
IOTC scientific committee for stock assessment. Growth estimates are also derived from otolith
samples and tagging programs undertaken by the commission (IOTC, 2004b).

CCSBT
In the southern bluefin tuna fishery Australia regularly collects information on health of stocks through
wide range of indicators like CPUE by fleet, total catches, catch age composition, age 1 acoustic survey
from western Australia, aerial surveys in the Great Australian Bight (GAB), commercial spotting data
(SAPUE) in the GAB, SRP tag returns, and information from the Australian fishing industry. The
information thus gathered is used to determine complete picture of the SBT stock through the CCSBT
Stock Assessment Group (SAG) (CCSBT, 2005a).

F and mean length at age have been estimated using length–frequency data for the juvenile southern
bluefin tuna (Thunnus maccoyii) in the Australian fishery (Leigh and Hearn, 2000). In the yellowfin
tuna fishery CPUE, MSY, SSB, mean length at age, M, and catchability q have been estimated
(Hampton and Fournier 2001).

CCAMLR
CCAMLR analyses comprehensive stock assessment data collected from Commercial fishery data,
Scientific Observer data, Research data and CEMP (CCAMLR Ecosystem Monitoring Program) data
submitted by members electronically. The quality of data is checked further through Catch
documentation scheme which is binding on all member countries.

Queensland

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In the GOCLF targeting Spanish mackerel historical data on length and sex of Spanish mackerel was
collected from commercial fishers. This data coupled with age data will be used to develop stock
assessment models for the fishery (DPI&F, 2006f). In the east coast of Australia, age and growth of
black marlin Makaira indica has been estimated using otoliths, anal and dorsal spines (Speare, 2003).
Growth parameters L∞, t0 and k have been estimated for Spanish mackerel (Scomberomorus
commerson) off the Queensland coast (Ballagh et al., 2006).

Western Australia
“The inshore marine finfish fishery in south-western Australia is important for both commercial and
recreational sectors. Seven key species (Australian herring, Australian salmon, tailor, King George
whiting, yellow-finned whiting, yellow-eye mullet and sea mullet) comprise a significant component of
the inshore finfish resource but due to their limited commercial value, and indeterminate recreational
value, ongoing formal stock assessments for each of these species has not been possible” Limited
information on recruitment of finfish is available in south Western Australia, with information
comprising age, size structure, growth rate, length-age, length-wt relationships, and distribution of
recruits for seven inshore fish species (Gaughan et al, 2006). Stock assessment of west coast deep sea
crab fishery is done through commercial catch returns, logbook information and at-sea research
monitoring of the catch (Penn et al, 2005). Growth parameters L∞, t0 and k have been estimated for
dusky shark, Carcharhinus obscurus from Western Australian waters (Simpfendorfer et al., 2001).

Victoria
In the Giant crab fishery CPUE is the only indicator used in assessment of the fishery, with Mean
CPUE used as Limit reference points, 50% of peak CPUE as target reference points, and TAC for
managing the fishery (DPI Victoria, 2003). In the rock lobster fishery the stock is managed by
assuming “20% of the unfished biomass as the biological “bottom line” based on international
standards to prevent over-fishing of rock lobster stocks and 40% of the unfished biomass as the target
level for re-building the stocks” (DPI Victoria, 2003). “Stock assessments are based on a sophisticated
length-structured model that is fitted to data on catches in weight and number, catch rates and the sizes
of lobsters in the catch. It includes biological information such as growth, reproductive characteristics
and mortalities. The model enables projections of stock biomass and assessment of impacts of future
catches on the resource. These projections are considered accurate than the conventional catch and
effort data because they describe the fishery well” (Hobday and Smith, 2003; Hobday and Punt, 2001;
DPI Victoria, 2003). In the rock lobster fishery stock assessment is based on models “consistent with
national and international experience of rock lobster fisheries, the limit reference point is set at 20% of
B1951, for spawning and available biomass. The target reference point is 40% of B1951. The reference
points refer to spawning and available biomass indicators only” (DPI Victoria, 2003b).

South Australia
The South Australian Research and Development Institute (SARDI) collect stock assessment data
through research and monitoring programs. SARDI is also responsible for collection, synthesis,
analysis and assessment of fishery-dependent and fishery-independent data. For detailed information on
data collection procedures and management of abalone stocks refer (Nobes et al, 2004).

In South Australian Pilchard Fishery “In conjunction with the annual spawning biomass report, an
annual stock assessment report is prepared on the fishery by SARDI. The stock assessment reports on
catch and effort data, age and size structure, age and growth, reproductive biology and estimates of
spawning biomass. The length and age at first maturity data, sex ratio and maturity stage data is
obtained when undertaking length frequency catch sampling, while gonosomatic index is obtained by
sampling a proportion of the catch within areas and on a monthly basis” (Ward et al., 2003; Shanks
5
2005). Empirical reference points have been defined for several commercial species including broadbill
swordfish in the South East Fishery. Reference points M (Yabe et al., 1959; Joseph et al., 1994) and
length at maturity (Nakano and Bayliff 1992) have been estimated for broadbill swordfish (Punt et al.,
2001a). Ageing, catch-at-age and CPUE have been estimated for snapper Pagrus auratus in the
northern Spencer Gulf (Glennon et al., 2000). In the blue grenadier Macruronus novaezelandiae fishery
off couth-eastern Australia ‘Integrated Analysis’ assessment has been done using catch (landed and
discarded), catch rate, length-at-age, and catch-at-age data improving estimates of abundance of the
population. The data collected was used to determine stock assessment parameters Z, M, q, SSB,
CPUE, length at age and B0 (Punt et al., 2001b).

New South Wales

In New South Wales reference points are available only for a relatively few fisheries. In the Ocean
Hauling Fishery stock assessment is based on information collected through monthly catch and effort
records from commercial landings (NSW Fisheries, 2003a). “Montgomery (2000) used available
information to show that school and eastern king prawns were being captured at sizes smaller than that
which optimized biological yield per recruit. The assessment fell short of categorizing this as growth
overfishing because of the preliminary nature of the analyses, low level of precision about some
population parameters and insufficient information about the sizes of prawns caught by all harvesting
sectors for prawns” (NSW Fisheries, 2003c).

In the Estuary prawn trawl fishery stock assessment parameters have been estimated for several species
of prawn and squids. Age/size at first maturity, Age at length data, natural mortality, fishing mortality,
total mortality, biomass estimates, yield per recruits, and stock recruitment relationship parameters
have been estimated for eastern king prawns, school prawns, broad and bottle squids (Kailola et al,
1993; Courtney et al., 1995; Glaister et al, 1990; Glaister 1983 ; Montgomery 2000). Z, M, L∞, k, t0
and tc (age at first recruitment) have been estimated for redfish Centroberyx affinis in Australia’s South
East fishery (Morison and Rowling, 2001). Total mortality and age have been estimated commercial
catches of Platycephalus indicus in New South Wales waters (Gray et al., 2002). Growth parameters Z,
M, F, L∞, k, t0 and yield per recruit have been estimated for yellowtail kingfish Seriola lalandi
collected from commercial fish landings in New South Wales (Stewart et al., 2004).

2. Is present fleet capacity calculated and are there plans to reduce it?
Score: 6.5
Score Range: 6-9

Yes, to a large extent.

Australia has regulated fishing capacity by limiting number of fishing permits / licenses, license buy-
back schemes, and restrictions on vessel replacement rather than reducing the actual fleet size in most
of its domestic fisheries. In Commonwealth (federal) fisheries number of fishing vessels engaged in
commercial fisheries is available. There are currently 96 vessels in Northern Prawn fishery, 414 rock
lobster, 271 mackerel vessels, 125 pearl shell, 70 prawn, 136 sea cucumber, 95 trochus, 117 crab, 239
line and 151 net vessels in Torres Strait fishery, 106 vessels in Southeast trawl fishery, 205 vessels in
gillnet, hook and trap fishery, 10 vessels in Great Australian Bight trawl fishery, and 64 Southern Blue
fin tuna fishing vessels (ABARE, 2005). All the State / Territory fisheries are regulated through fishing
permits and hence no vessel count is available for these fisheries. Details of number of fishing permits
for the year 2004 are available in (ABARE, 2005). The number of fishing permits has been reduced
over the years in several state fisheries through license buy-back and by stopping issue of new licenses.

6
Fleet capacity has been reduced in commercial fisheries in most of the States in Australia through
Voluntary license buy-out scheme to remove latent fishing fleet, and through control on fishing permits
and licenses in commercial fisheries. Many of the licenses procured through license buy-out are
retained with federal management agencies, and restrictions are put in place to reduce fishing areas in
those jurisdictions through closures. “About 9,000 commercial fishing boats operate in Australia, of
which about 1,200 currently hold Commonwealth fishing concessions and the rest State licences”
(AFFA, 2006). There are currently 3 vessels fishing for Patagonian toothfish (Dissostichus eleginoides)
and Mackerel icefish (Champsocephalus gunnari) in Heard Islands and McDonald Islands fishery. In
the Macquarie Island toothfish fishery one vessel is fishing for toothfish (Dissostichus eleginoides)
(AFMA, 2006a). 100 Japanese longliners operated in AFZ each year from 1991 to 1994 (Klaer and
Polacheck, 1997).

In the Indian ocean tuna commission area there are currently 7 purse seiners, 36 longliners, 13 gill
netters, 128 line fishing vessels and 7 other kinds of vessels engaged in fishing for tuna and bill fish
(Anon, 2006).

In the CCSBT area there were 107 longline vessels, 8 purse seiners fishing for southern bluefin tuna in
the year 2004 (CCSBT, 2005b).

In the Eastern Tuna and Billfish Fishery “Longline endorsements relate to specific areas of access, with
a total of seven categories of endorsements issued. Vessels fishing within 50 nautical miles of the coast
are subject to a maximum size of 32.67 metres. Further, vessels fishing in the southern part of the
fishery are required to hold minimum amounts of southern bluefin tuna quota at certain times of the
year (generally June–November)” Galeano et al, (2005). In the gillnet hook and trap fishery which
operates in the Australian Fishing Zone (AFZ) off South Australia, Victoria and Tasmania there were
127 vessels in 2001-2002 which increased to 131 vessels in 2002-03 (Galeano et al, 2005).

Commonwealth Fisheries
The fishing capacity and economic performance of several commonwealth fisheries have been studied
(eg. Szakiel et al, 2006). In the scalefish and shark fishery “Few management measures were in place
for the SEF before 1985. Although there was a limit on the number of trawlers greater than 32 m in
length permitted to enter the fishery there were no regulations controlling the number of vessels less
than this size. The only restrictions were minimum cod-end mesh sizes for trawlers and Danish seiners,
and minimum legal sizes for several species. In 1985, management arrangements based on limited
entry into the fishery were introduced. The fishery was divided into three sectors with different entry
criteria for each. In an attempt to limit fleet capacity, a boat replacement policy (based on units of
capacity) was formally introduced in 1986 (and subsequently removed with the onset of ITQ
management) to prevent the expansion of effort through upgrading or replacing boats. Other input
controls have included a freeze on transfers of licenses between Danish seining and trawling” (Smith
and Wayte, 2005).

Queensland
Limited entry arrangements are in place for trawl fleet since 1979, Barramundi fish boats-1980, and for
all commercial fishing boats since 1984. In the Queensland spanner crab fishery the number of boats
has declined from 300 boats in 1994 to 103 boats in 2004 largely due to introduction of Fisheries
Management Plan in 1999 and quota based management systems (DPI&F, 2006j). Vessel replacement
policy, vessel buy-back, cap on total effort and effort unit trading system have led to decrease in
number of boats (878 boats in 1988 to 519 boats in 2002) and days fished in the East coast trawl
fishery in Queensland. Since 2001 Effort Units have been employed as a successful mechanism for
7
reducing fishing effort (through transfer of effort units, licenses and boat replacement policy) in the
East coast trawl fishery. The effort has paid off with 241 vessels leaving the fishery since 2000.
However, the benefits are very small notably due as attrition has been restricted to smaller older
vessels. The number of vessels in size between the 10 to 30 HU classes and 20-30 HU classes
decreased by 10% between 2000 and 2002 while bigger vessel classes increased in the number in the
larger vessels classes (>60HU) since 2000 (Bibby and Kerrigan, 2003).

Northern Territory
Restrictions exist on maximum vessel length (25 metres) for all commercial vessels. In the coastal line
fishery prior to introduction of Fisheries regulations in 1993, there were 160 non-transferable licenses,
which were reduced to 65 in late nineties through moratorium on renewal of licenses. The fishery was
extended seawards with introduction of transferability of commercial licenses in a two for one license
reduction program. Currently there are 56 licenses which are likely to be further reduced to a maximum
of 45 fully transferable licenses reducing excess capacity. In Spanish Mackerel Commercial Troll
Fishery effort has declined with a reduction of 19% between 2004 and 2003 (DPIFM, 2005).

Tasmania
The rock lobster fishery in Tasmania has gone through restructuring after the introduction of Quota
management which led to 75 boats leaving the fishery between 1998 and 2002. However, the benefit
was short lived with number of vessels increasing from 229 in 2002/03 to 241 vessels in 2003/04
(DPIWE, 2004).

New South Wales

In the NSW Estuarine fishery a cap exists on increase in size (5.8 metres) and thereby on efficiency of
vessels, coupled with a strict boat replacement policy to regulate fishing capacity of the fishery.
“Following a recommendation by the Estuary General Fishery Management Advisory Committee and
the Advisory Council on Commercial Fishing, boats 5.8 metres in length or less may be replaced with
boats up to 6 metres. Boats that are greater than 6 metres in length may only be replaced with boats that
are no more than 10% or 1 metre greater in length, whichever is lesser. The 10% tolerance continues to
relate to the original boat length to avoid a progressive increase in boat length over time” (NSW
Fisheries, 2003b).

3. Are small-scale fishers considered in plan and are there institutional structures for ongoing
Consultation ?
Score: 8
Score Range: 7-9

Yes, small scale fishers are considered in the management plan and are consulted regularly both in
Commonwealth and State fisheries. Each individual fisheries at Commonwealth and State level have a
separate consultation and stock assessment process, although some offshore fisheries only have
consultations at the industry level. Refer Annual stock management plans for individual fisheries to
know more about the consultation process.

“AFMA’s 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” (AFMA, 2003a).

New South Wales

8
“The Fisheries Resource Conservation and Assessment Council (FRCAC) has been established to play
a key role in advising the Government on fisheries conservation and assessment throughout the State.
The members on the council represent a wide range of interests and includes representatives from
commercial fishing, recreational fishing, fish marketing, the fishing tackle industry, charter boat
fishing, regional tourism, academic expertise, conservation, aquaculture and Indigenous peoples”
(NSW Fisheries, 2003c).

4. Impacts of fishery on biodiversity allowed for in plan and are mitigation measures in place?
Score: 7
Score Range: 6-9

Yes to a large extent.

Commonwealth Fisheries

IOTC (2004a) reports that swordfish which were caught as by-catch by industrial longliners until 1990s
have increased as proportion of the catches with maximum record catches recorded for swordfish in the
Indian Ocean in 1998. Change in target species from tuna to swordfish in longline fisheries by
Taiwanese fleet coupled with development of regional fleets from Australia, Reunion Island,
Seychelles, Mauritius and arrival of fleets from Portugal and Spain have led to increase in swordfish
catches in this region. The above example shows the changing nature of high seas fleets targeting
migratory species moving from one species to another due to serial depletion of large tunas and
transboundary movement making them vulnerable to large fleets. There is need to develop appropriate
precautionary measures to halt this transition in exploitation strategies and protect swordfish stocks.
The above study also depicts how Australian longline fishery which was concentrated in inshore waters
prior to nineties has expanded into high seas in recent decades resulting in declines in size and weight
of swordfish stocks. Indicators are being developed by AFMA to initiate trigger levels to control effort
in this fishery within Australian EEZ.

In the Small Pelagic Fishery if the total reported catches / discards exceed Trigger Catch Level by 25%
or greater, relevant fishing zones are closed to commercial fishing until a new management response is
made (AFMA, 2003a).

Queensland
In the sea cucumber fishery management strategies include catch limits through Total Allowable
Commercial Catch (TACC), and individual quotas for operators. In the marine aquarium fish fishery
aquarium fish zones have been identified along the coast to protect high use areas from localized
depletion of stocks.

Northern Territory
Ecological Sustainable Development (ESD) which seeks to integrate economic, social and
environmental considerations into decision making processes of government and industry are
implemented in all its fisheries (DPIFM, 2006a). In the Barramundi fishery to avoid capture of non-
target wildlife like crocodiles and dugong guidelines are in place through Dugong Exclusion Zone to
protect sea grass beds. Commercial fishing and anchoring is prohibited in such areas (DPIFM, 2005).
Presently no comprehensive information exists on impacts of fishing on ecosystem for any fisheries in
Northern Territory jurisdiction (DPIFM, 2005).

Victoria
9
Regular assessments are undertaken to determine the impacts of fisheries and other human activities on
habitats to evaluate threatening processes and appropriate research is initiated (ecological risk
assessments) to provide management advice to the concerned government agency.

Tasmania
“In 2003 Minister for Primary Industries, Water and Environment launched the “State of Growth
Initiative”, a framework for developing working partnership between government, key industry
stakeholders and communities growing through sustainable management of natural resources (DPIW,
2006).

South Australia
“Each fishery managed under the partnership arrangement provided for by the Fisheries (Management
Committees) Regulations 1995 requires the FMC to prepare a fishery management plan that establishes
the principles for managing the fishery within the statutory responsibilities and the commitment to
Ecologically Sustainable Development (ESD). The Minister, in approving a plan, endorses the basis for
future management of the fishery and the obligations of the parties responsible for managing the
fishery (PIRSA, 2004).

“Similar to the levels of impact of fishing operations on the structure of the ecosystem, the
consequences of impacts on critical fisheries habitats can be categorised by a number of levels. Each
level is determined by the proportion of the area of critical habitat that is directly impacted by the
fishery. For the Marine Scalefish Fishery, a limit reference point is provisionally assigned at the
moderate level (i.e. >20 % of fragile habitat). Quantification of affected area of habitat is required to
assess against this limit reference point” More information on potential impact studies is available at
Noell et al (2006).

New South Wales

“Commercial fishery Management Advisory Committees (MACs) provide information on matters
relating to the fishery. The Committees are made up of representatives of industry, conservation,
recreational fishing, and where applicable, indigenous fishing interests. A member of the department
represents the Deputy Director-General. The functions of a MAC are to advise the Minister on the
preparation of any management plan, fishery management strategy or regulations for the fishery, to
monitor whether the objectives of those plans, strategies and regulations are being attained, and to
advise on any other matter relating to the fishery. Meetings are held at least twice in a calendar year”
(NSW Fisheries, 2005b).

“The NSW Government is using a systematic approach to identify sites for marine protected areas and
to prioritise new areas for marine biodiversity conservation in NSW waters. There are three types of
marine protected areas in NSW - large multiple-use marine parks, small aquatic reserves and the
marine and estuarine components of national parks and nature reserves. The Marine Parks Act 1997
was introduced to provide for the declaration of marine parks in NSW. Consultation occurs with the
community prior to the declaration of marine parks. Up to date information on the creation and zoning
of marine parks in NSW waters is available on the Marine Park Authority website:
(www.mpa.nsw.gov.au). Details of fishing closures in NSW can be found on the NSW Fisheries
website at (www.fisheries.nsw.gov.au). The management strategy includes the use of time and area
closures to restrict the access of commercial fishers when and where necessary (refer to management
response 4.5a). Additional areas of ocean waters and sea beaches may be closed to ocean hauling
operations through the declaration of marine protected areas, such as marine parks, aquatic reserves,
intertidal protected areas and national park or reserve extension areas” (Fisheries NSW, 2003a).
10
“Commercial fishing nets used in the Estuary General Fishery (with the exception of the hoop and lift
net) are required to be registered. Net registration certificates are issued for individual nets and are
valid for the life of the net. The certificates stipulate the length and mesh sizes of individual nets. New
(i.e. additional) commercial fishing net registrations have not been issued since a freeze was placed on
the registration of new nets in July 1989 and will not be issued under the management strategy. Net
registrations are not transferable and are only issued for new nets that are replacing existing nets of the
same specifications that are no longer serviceable. Where nets are acquired as part of the transfer of a
fishing business (or share transfers), only the nets authorized for use by the new owner’s entitlements
will be registered” (NSW Fisheries, 2003b).

Use of By-catch Reduction Devices is mandatory in demersal ocean prawn and estuarine trawl fisheries
in New South Wales as part of the Management Plan. “Estuary prawn trawl fishers are attempting to
minimize their catch of incidental species by incorporating within this management strategy the use of
by-catch reduction devices, incidental catch ratios, limits on the quantities of annual reported landings
of by-product species, “compliance audits”, a compliance penalty points scheme and an observer
program” (NSW Fisheries, 2003c).

NSW is perhaps the only state where even intertidal areas have received significant protection through
“Intertidal Protected Areas”. “Intertidal protected areas (IPAs) have been established in nine areas
around Sydney to protect selected rocky habitats and intertidal species. They aim to protect intertidal
community biodiversity and structure; provide biological reservoirs of breeding stock so exploited
areas nearby can be decolonized or sustained; and help ensure harvesting of intertidal invertebrates is
undertaken at sustainable levels. All IPAs extend from the mean high water mark to 10 metres seaward
from the mean low water mark. Collecting seashore animals is strictly prohibited in these closures. This
includes crabs, snails, cunjevoi, octopus, sea urchins, anemones, pipis, cockles, mussels, oysters, and
nippers (saltwater yabbies)” (NSW Fisheries, 2005a).

5. Does the management plan aim to restore depleted stocks in this fishery?
Score: 4.5
Score Range: 4-6

Yes, but stated explicitly only for a few fisheries.

Commonwealth & External Territories Fisheries

“Regional marine plans are currently being prepared for Australian marine ecosystems as part of
Australia’s National Oceans Policy. Regional marine plans will provide for ecosystem–based allocation
of resource access and use across and within sectors based on an understanding of the economic,
environmental, social and cultural values of the region. In an effort to facilitate marine and coastal
planning, an ecosystem-based classification for marine and coastal environments was initiated in 1988
and called the Interim Marine and Coastal Regionalisation for Australia (IMCRA). These zones are
defined on a classification of pelagic fish species diversity and richness. More information on IMCRA
can be found at Environment Australia’s website (www.ea.gov.au)” AFMA, (2003e).

Northern Territory
In the coastal line fishery in Northern Territory a review in 1996 found that prior to 1996 the fishery
was heavily overexploited showing signs of sequential depletion of coastal fish stocks around major
population centres. Subsequent estimates of quota of 100-1000 tonnes were derived from upper
estimate of the original stock assessment. Current estimates show that there is still high levels of
11
localized depletion and targeted fishing of fish aggregations of black jewfish around major population
centres (DPIFM, 2005).

Victoria
In Victoria current management goals incorporate rebuilding of fish stocks, maintaining ecological
integrity of marine ecosystems, reduction of human impacts, spawning biomass of stock, with trigger
points as reference indicators in each management plan before assigning quotas both for commercial
and recreational fisheries. “In order to encourage all aspects of commercial fishery management, a code
of practice will be developed by CRLGCFC to minimise fishing impacts on the ecosystem and wildlife
interactions and to enhance stock conservation, research and compliance. Implementation and
extension of this code of practice will be a high priority for FCC and SIV” (DPI Victoria, 2006b).

Tasmania
The Tasmanian abalone fishing industry is the largest wild abalone fishery contributing 25% of world’s
harvest, and has posed significant challenges to administrators to prevent overfishing in this important
industry. The Tasmanian Sea Urchin fishery is now the largest in Australia, and with current levels of
sustainable management it might meet future demands much efficiently than other global sea urchin roe
fisheries (DPIWE, 2004).

New South Wales

“The NSW Government is using a systematic approach to identify sites for marine protected areas and
to prioritise new areas for marine biodiversity conservation in NSW waters. There are three types of
marine protected areas in NSW - large multiple-use marine parks, small aquatic reserves and the
marine and estuarine components of national parks and nature reserves. Marine Parks aim to conserve
biodiversity by protecting representative samples of the habitats in defined ‘bioregions’. Zoning and
operational plans are used to guide the protection of conservation values and manage activities that
occur within the marine park. Four zones are used in marine parks sanctuary zones, habitat protection
zones, general use zones and special purpose zones. Consultation occurs with the community prior to
the declaration of marine parks. Up to date information on the creation and zoning of marine parks in
NSW waters is available on the Marine Park Authority website: (www.mpa.nsw.gov.au). The Marine
Parks Act 1997 was introduced to provide for the declaration of marine parks in NSW. The Act and
associated regulations aim to protect biodiversity and provide for a variety of users (where consistent
with the primary objective) by way of zoning and operational plans. These are required for all marine
parks and the zones clearly identify the conservation and management priorities within marine parks”
(NSW Fisheries, 2003b).

“Recovery programs for species suspected of having depressed recruitment due to overfishing must
include strong precautionary action. Actions could include (but may not be limited to) temporary
fishery closures or caps on either catch or fishing effort. Recovery programs for recruitment overfished
species may also include changes to the monitoring program for that species and/or require targeted
research to improve the assessment of risk to the species in critical areas” (NSW Fisheries, 2003a).

“Closures are normally reviewed every five years and are occasionally modified to address changing
fishing patterns and/or environmental conditions. All but four of the 130 coastal estuaries of NSW are
currently closed to trawling. In addition, approximately 50% of the area of each of the four estuaries
(Clarence River, Hunter River, Hawkesbury River and Port Jackson) where trawling is permitted, is
closed. Numerous other closures already exist in the Estuary Prawn Trawl Fishery for a range of
reasons. Each closure generally has benefits to numerous aspects of the resource and the fishery”
(NSW Fisheries, 2003c).
12
6. Are human impacts (pollution, waste) on the fishery habitat identified and mitigated?
Score: 6.5
Score range: 6-8

Yes, human impacts are identified but management plans have attempted to mitigate the impacts of
pollution to a lesser extent especially from land based sources.

“In Australian waters discharges from all ships including fishing vessels are regulated by the Protection
of the Sea (Prevention of Pollution from Ships) Act 1983. This Act implements the Australian
MARPOL requirements, which apply to Australian fishing vessels wherever they are operating and can
also be applied against foreign fishing vessels operating anywhere within Australia’s EEZ. Penalties for
not complying with the law are up to $200,000 for individuals and $1 million for companies. The
Australian Maritime Safety Authority administers MARPOL through Commonwealth and
State/Northern Territory legislation. The Authority issues marine notices advising mariners of the
legislation and its requirements. The disposal of garbage from ships and boats of all sizes is now
strictly regulated. Plastic material includes synthetic materials such as trawl and fishing nets, synthetic
rope, plastic sheeting, fibreglass, strapping bands, paints, electrical/electronic, floats and many other
products. Food wastes, paper, glass, metal and crockery cannot be disposed of within 12 nautical miles
of land. If processed through a grinder with a 25 millimetre screen, the garbage may be discharged if
the vessel is more than 3 nautical miles from land. Garbage that floats cannot be discharged within 25
nautical miles of land” (AFMA, 2003a).

Western Australia
Impacts of human activities on marine habitats in Abrolhos islands have been analyzed in some marine
habitats for establishing monitoring programmes and to better manage the coastal ecosystems with
support from the community (Chubb and Nardi, 2003).

7. Is fishing gear mandated by the management plan to avoid by-catch of non-target species,
environmental and habitat damage?
Score: 7.5
Score Range: 7-9

Australia has national by-catch action plans both for commonwealth as well as state fisheries. The
details of the plans are available in AFMA (2006c). There has been substantial research on by-catch
reduction in trawl fisheries which deserve appreciation

Queensland
Specific restrictions are in place through controls on number of boats operating in a fishery, time and
place of fishing, length of boat and fishing gear, total allowable catch, size, sex or maturity of the fish
that can taken on board, landed or offered for sale. Output controls also apply to the volume and
composition of incidental catch that can be retained. Further, all commercial fishers (trawler operators,
ocean beach fishers and crabbers) have a legal obligation to submit data about their day’s catch,
location fished and time spent fishing in a compulsory daily logbook. Courtney (2002) states that BRDs
and TEDs have led to significant decline in CPUE of several big species and other animals, with 96%
of licensed vessels using a TED with Grid as per the Management plan. Queensland Fisheries Service
has also introduced Species of Conservation Interest (SOCI) logbook in 2003 for most of the
commercial fisheries which will help in detailed reporting of interactions with species like sea snakes,
sharks, pipe fish and sea horses.
13
Western Australia
“Scallop populations world-wide have been acknowledged as being highly susceptible to
environmental influences on recruitment (Hancock 1973). Consequently, much research has been
carried out investigating the environmental influences that affect recruitment to scallop stocks in Shark
Bay. The predominant environmental event considered to affect Shark Bay recruitment is the Leeuwin
Current, a southward flowing current of relatively warm, tropical water that is low in salinity” (Harris
et al, 1999 ; Pearce and Phillips 1988).

NSW
In the New South Wales demersal trap fishery, several studies have been undertaken by NSW Fisheries
to reduce by-catch of commercial fish species (Stewart and Ferrell, 2002).

8. Are ecosystem linkages with this fishery made explicit in the management plan and are
adverse effects minimized?
Score: 5
Score Range: 4-7

Yes, to a limited extent through ESD plans.

ESD is defined as “Using, conserving and enhancing the community’s 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.” ESD has been grouped in three categories; contributions of the fishery to ecological
wellbeing, contributions of the fishery to human wellbeing, and ability to achieve governance (ESD,
2006).

“The Commonwealth Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act)
establishes reporting requirements against the ‘Guidelines for the Ecologically Sustainable
Management of Fisheries.’ All State and Commonwealth fisheries must undergo a comprehensive
independent ecological assessment process, which is subject to public consultation, prior to fishery
products being considered for export approval under Parts 13 and 13A of the EPBC Act. The two key
principles of the EPBC Act ‘Guidelines for the Ecologically Sustainable Management of Fisheries’ are
as follows 1) A fishery must be conducted in a manner that does not lead to overfishing, 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 2) Fishing operations should be managed to minimise their impact on the
structure, productivity, function and biological diversity of the ecosystem” (Shanks, 2005 ; ESD, 2006).
The effects of prawn trawling on northern section of the Great Barrier Reef have been studied by
Poiner et al. (1999).

9. Are environmental influences on this fishery made explicit in the management plan and are
adverse effects minimized?
Score: 5
Score Range: 3-6

Yes to a limited extent in fisheries management in several state territories and through regional fishery
management scientific programs for transboundary and high seas stocks.

“The IOTC Working Party on Tropical Tunas has been reviewing the application of various indices of
environmental variability in the Indian Ocean as possible factors in the development of models to
14
standardise catch per unit effort (CPUE) data. Data for sea-surface temperature anomalies and sea level
pressure are readily available for incorporation into generalised linear models used to compute
standardised CPUE. The newly defined Indian Ocean Oscillation Index (IOI) and the well-known
Southern Oscillation Index (SOI) are being considered to improve determination of large-scale events
and associated environmental fluctuations that affect catchability, local abundance, spatial-temporal
distribution and recruitment. Scientific members of the IOTC are investigating other environmental
variables including dissolved oxygen, salinity, depth of the thermocline and nutrients to assist in
identification of environmental factors affecting the spatial and temporal distribution of adults and
catchability” (AFMA, 2003e).

Queensland
In the DPI&F Long Term Monitoring Program (LTMP) of Barramundi stocks age structured model
incorporates data from commercial logbook, recreational diary data, fishery independent (LTMP data)
and environmental variables to assess the status of stocks (DPI&F, 2006g).

Western Australia
In majority of the fisheries in Western Australia impacts of fisheries and environmental parameters are
taken into account and management measures have been initiated in recent years to understand the
implications of the same on fisheries (Penn et al., 2005). The impacts of Leeuwin current and SST on
recruitment of western rock lobster Panulirus cygnus was studied by Caputi et al (2001).

Victoria
In Victorian fisheries ocean-climate effects, habitat modification, risk of overfishing, water depletion
from riparian watersheds, translocation, pollution and water quality are regularly assessed as part of
management plan for each fishery to devise appropriate management changes.

Field 2: Framework (data & procedures)

1. Are total and complete removals from the stocks over the whole stock area and over whole life
cycle accounted for in assessment?
Score: 7.5
Score Range: 7-9

Yes, total and complete removals of the stocks over the whole area and life cycle are considered during
the assessment. The Australian Government’s Department of Environment and Heritage also informs
public about changes that have taken place in different fisheries assessments and management
strategies through a bi-annual Newsletter ‘CatchUp’ for both Commonwealth and state-managed
fisheries.

Commonwealth Fisheries
In the southern Bluefin tuna fishery stock dynamics models combine information from historical stock
sizes, effects of past and present exploitation levels, to evaluate management actions for the stock in
future. Historically CSIRO used Virtual Population Analysis (VPA), which is now being supplemented
with SCALIA models which are either age based like VPAs, or age and length based. These new
statistical time series models incorporate wide range of information including assumptions on errors in
data. “Modelling is undertaken by Australian scientists using the Adapt Virtual Population Analysis
(VPA), Statistical catch-at-age, Statistical catch-at length (and age); Length VPA; Age structured
production model and Production model. Results from all models are discussed and compared at the
15
Commission SAG annual meeting facilitated by a panel of external scientists employed by the
Commission. When agreement is reached, this `information is supplied to the Scientific Committee for
review and delivery at the Commission meeting” (AFMA, 2002a).

In the Western Deepwater Trawl Fisheries permit requires recording of catch data in logbooks for the
WDWTF and NWSTF. The logbook data also includes weight of target species caught, location, depth
and estimate of total by-catch (AFMA (2004).

In the Eastern Tuna Billfish Fishery sword population dynamics are studied using Operational model
which incorporates spatial and temporal dynamics of sword fish population and associated fisheries in
the Southwest Pacific (AFMA, 2003d). For a detailed account on Australian tuna fishery refer Ward
and Bromhead, (2005).

CCAMLR
Macquarie island toothfish stock assessment is based on tag-recapture experiments initiated in 1995-96
and continuing to till date. This assessment uses population uses dynamics of tagged and untagged fish,
daily tag releases, tag recaptures, total commercial catches, estimates of natural mortality and annual
recruitment for the years 1996 to 2004 for the analysis. Parameters estimated include CPUE, B0, and
M. The model assumes that fluctuations in catch and availability are result of movement patterns within
a single reproductively isolated population (Tuck et al, 2005).

Queensland
Stock assessments are done regularly for sampling the recreational and commercial catch for catch at
age and catch at length data. Queensland also has an ongoing long term fishery independent monitoring
process, covering the entire state. Currently Department of Primary Industries & Fisheries (DPI&F)
monitors the amount of fish stocks harvested through commercial logbook system (CFISH program)
and recreational fishery surveys (RFISH program). Trawl fisheries are monitored through an effort
based quota system which is converted to a defined number of “days-at-sea” that vessels are allowed to
fish in a quota year (DPI Queensland, 2006a). In Queensland and Northern Territory waters fisheries
assessments appear to be affected due to inability to incorporate the exact the amount of illegal sharks
that are caught from these waters, which cannot be accounted in the collected commercial catch data
(QPI&F 2006g). Current monitoring in ESMF includes collection of age, length and sex structure
information annually from both recreational and commercial sectors for four regions along Queensland
coast. Age structured stock assessments have been undertaken for Spanish mackerel fishery using catch
per unit effort data (DPI&F, 2006h). In the GOCFTF stock assessments of stout whiting are based on
commercial catch and effort logbook data and research surveys of age, length and sex of fish sampled
through LTMP, with data from LTMP incorporated into stock assessment models. Dynamic and static
models are used to estimate size (biomass) and sustainable exploitation levels on annual basis to
determine voluntary TAC (DPI&F, 2006l).

Northern Territory
In the Aquarium fishery stock assessment is conducted through information collected from monthly
logbook returns reporting catch and effort data from their operations. In the Barramundi fishery stock
assessment is undertaken through catch and effort data collected from commercial fishery (1972 to
2004) using Deriso delay-difference model. Assessments are also undertaken using structured and
biomass dynamic models. Growth and age data is collected for coastal line fishery. In the Spanish
mackerel fishery series of catch and effort data, and otolilths data have been used to generate Age-
structured models for stock assessment. In Finfish Trawl Fishery Stock Reduction analysis model, YPR
and Biomass Dynamics models have been used in stock assessment (DPIFM, 2005).
16
Western Australia
Age and growth of Spanish mackerel fishery were assessed using length or otolith based methods
(Lewis and Mackie, 2002). In the Black Bream (Acanthopagrus butcheri) fishery natural mortality
(M), and Z, Length at age L(t) and L∞ have been estimated using otoliths and length based methods
(Norris et al, 2002). The Department of Fisheries’ (WA DOF) Catch and Effort Statistics System
(CAESS) keeps records of commercial fishers’ monthly returns, which are submitted as condition of
renewal of their licenses (McAuley and Simpfendorfur, 2003). In the Shark Bay trawl fishery
instantaneous annual rate of natural mortality (M), age and growth parameters are estimated for
juvenile snapper Pagrus auratus using yield-per-recruit model (Moran et al., 2003a). In the Northern
demersal scale fish fishery stock assessment data is collected from logbooks and observer reports from
foreign commercial vessels, research cruises, and through trawl surveys conducted by CSIRO (Nowara
and Newman, 2001). A detailed description of the Western Australian Wetline fisheries is given in
Crowe et al., (1999). In the Blue Swimmer crab fishery Yield-per-recruit analysis and length frequency
analysis have been used to maintain sustainable yields. In the west coast deep sea crab managed fishery
CPUE and catch levels are used as performance measure indicators of breeding stock. In the West coast
Estuarine Fisheries stock assessment is primarily based on catch and effort statistics (CAES) returns
provided by industry (Penn et al., 2005). Annual assessments are undertaken through surveys, logbooks
and CPUE in the marron recreational fishery (Molony and Bird, 2002). In the western rock-lobster
commercial fishery catch statistics are collected from fishers each season through compulsory monthly
catch and effort returns. Commercial fishers are also required to provide these data by 1˚ blocks, in
each of the three management zones (Smith et al., 2001).

Victoria
The Marine and Freshwater Resources Institute (MAFRI) undertakes assessment of giant crab fishery
and present results at the annual Fishery Assessment Group Workshops which involves some form of
consultation process with the stakeholder groups.

Tasmania
“Currently, stock assessments for scalefish species are based largely on fishery dependent information,
such as catch and effort information provided by fishers. However, it is evident that this information
needs to be complemented by fishery independent research and additional assessment techniques to
better understand the status of scalefish resources in Tasmanian waters” DPIWE, (2004).

South Australia
Commercial fishers provide ongoing sample data from their fishing activities through a monthly catch
and effort returns. The return provides details of daily fishing activities and is used for annual stock
assessment, which is a requirement of the fishery management process in South Australia (PIARSA,
2004).

“Information derived from catch and effort returns is supplemented by biological information on the
size composition of the catch, reproductive status and sex ratios. This information together with the
catch data allows modeling of the exploitation rate in the fishery and the derivation of the various
performance indicators for the fishery” (PIARSA, 2004).

“South Australia has established good monitoring programs collecting commercial data, pot-catch data,
length frequency data, larval settlement indices and temperature records. Catch and effort data are
available from 1950; however the data quality improved after the introduction of limited entry and
17
fishery logbooks in 1968. The research directions focus on monitoring through a catch sampling
program, collection of data for yield per recruit, egg per recruit analysis and production, and modelling
information” (PIRSA, 1997a).

In the Rock lobster fishery performance indicators are derived based on catch and effort data (from
monthly returns), composition by sex of lobsters based on onboard sampling of commercial vessels in
selected areas and depth zones (pot sampling), growth estimates, movement, size at maturity, and
length/weight relationship derived by MFA derived from population dynamics models (PIRSA, 1997a).

In the Gulf St. Vincent prawn fishery data on king prawns is collected through tagging, surveys, and
commercial size data to assess growth and maximum size of prawns in the fishery. “The research is
primarily based on fisheries dependent data provided by the fishing boats. Catch and effort data are
provided for spatial blocks within the Gulf. These blocks have been established by many years of
research, which has shown differences in size and abundance within a number of these areas. Some
relative size data are also provided by fishers based on the count of prawns in a standard volume.
Independent surveys aboard commercial boats provide information on the size composition and sex
ratio of prawns. Analysis of catch and effort data, size composition and sex ratio information is used to
provide estimates of spawning stock abundance and rates of exploitation” (PIRSA, 1997b).

In the South Australian pilchard Fishery “Pilchard Fishery Working Group (PFWG) will use the
reporting framework established in the Management Plan to prepare an annual report on the
performance of the fishery against all performance indicators and reference/trigger points. An annual
stock status report will provide the basis for this annual assessment of fishery performance. All stock
assessment reports for the fishery will address key performance indicators outlined in the Management
Plan. This process has been designed to deliver improved public accountability on the management of
the fishery. TACC has historically been based on the information contained in the stock assessment and
spawning biomass reports” Shanks, (2005).

New South Wales

Conventional stock assessments in many parts of the world fail to account for illegal or unreported
catch taken by recreational and charter boat fishers. This coupled with ‘black market’ catch sold by
licensed commercial fishers or unlicensed fishers make stock assessments inaccurate. The NSW
government recognized this issue and is increasingly incorporating estimates of harvest rates from all
sectors for stock assessments. In November 2000, NSW Fisheries introduced a licensing scheme for all
marine and estuarine charter boat operators which require them to record catches taken on board
licensed charter vessels as part of a mandatory logbook program. Estimates of harvest rates from all
sectors will then be used in stock assessments (NSW Fisheries, 2003a).

2. Are management measures compatible with those of other jurisdictions concerned with the
stocks?
Score: 8
Score Range: 7-10

Yes, to a large extent. Management measures are designed both at Commonwealth and state level to
understand and exploit fish stocks on a sustainable basis. Australia is very much active in management
of transboundary stocks in CCAMLR and CCSBT jurisdictions. National as well as international
transboundary stocks are managed through state-state as well as country-country agreements. Currently
Australia has agreements with Papua New Guinea, New Zealand and Indonesia to manage several
transboundary stocks and to prevent illegal fishing.
18
Queensland
All shared fishery resources are monitored in congruence with management objectives of adjacent state
territories following ecological risk assessment procedures to ensure sustainable harvest of marine
resources. DPI&F also undertakes annual assessment of fisheries management in its jurisdictions
through NAFM forum with participants from fisheries researchers, managers from state, territory and
commonwealth jurisdictions to review current research, decide management strategies and to ensure
shared resources quotas are harvested in a sustainable manner (QPI&F, 2006f).

Northern Territory
In the Northern Territory significant research has been conducted by Australian Centre for International
Agricultural Research (ACIAR) in collaboration with Indonesian government for identifying
transboundary movement of juvenile and adult fish stocks (Red snappers, Goldband snapper) in
Arafura Sea and other northern jurisdictions. The research concluded that multiple stocks exist within
Indonesia, Papua New Guinea and Australian waters (DPIFM, 2005).

Tasmania
In the Tasmanian abalone fishery conflicts are reduced through quota management system, and TAC.
Zoning was introduced in 2000 to reduce concentration of catches towards east coast due to decreasing
yields in other areas. Size limits were also reduced to 114 mm in 2003 (DPIWE, 2004).

3. Does the management plan have clearly stated long-term objectives?

Score: 8.5
Score Range: 6-9

Yes, management plans are revised regularly taking fishing effort and stock status into consideration.
Fisheries management legislations both at Commonwealth and State level are amended regularly to
incorporate sustainable management approaches like ecologically sustainable development,
precautionary approach, and ecosystem resilience.

Queensland
Ecologically sustainable Development (ESD) was incorporated into Fisheries Act, 1994 and
Queensland aims to achieve those objectives through logbook program, recreational fishery surveys,
and by reporting on sustainability of its fisheries to the Commonwealth Department of Environment
and Heritage. For the Spanish mackerel fishery consultation with industry during development of new
management arrangements has garnered the necessary support for a catch based quota management
(DPI&F, 2006h).

Victoria
“The assessment conducted in 2002 incorporates the impacts of marine protected areas (MPAs) in
Victoria. The stock, referred to as the available biomass, will re-build at the current TACs” (DPI
Victoria, 2003).

South Australia
Over fishing in the marine scalefish fishery over the years led to the introduction of voluntary net buy-
back scheme. In July 2005 the Government of South Australia implemented permanent net closures in
five priority areas i.e., Coobowie Bay/Edithburgh, Stansbury to Rogues Point, Tumby Bay, Venus Bay,
Moonta Bay to Corny Point following the success of its $ 12 million voluntary net buy back scheme in
which 61 of the state’s 113 marine scalefish license holders relinquished their net endorsements. This
19
led to reduced net fishing effort by 44.7% and removed 54% of all eligible net endorsements (Govt. of
South Australia, Press Release, 2005).

4. Are all the stakeholders in the fishery resource identified and considered?
Score: 8
Score Range: 6-9

Yes, stakeholders are identified and consulted on a regular basis. However, in the process of
assessment of this document we did not come across information which reveals consultation with
NGOs. Smith et al (2001) state that the stock assessment process in South East Fishery is perhaps the
best example of transparent and robust management involving consultation with scientists, industry,
fishery managers, economists and non-government organizations. This process has helped the fishery
managers in the SEF to enhance communication among interest groups, improve ownership and
support for expected outcomes.

Queensland
In the GOCDFTF, GOCIFF promotion of regulations applying to both commercial and recreational
fishers is a active process, with the consultation occurring through the Gulf Management Advisory
Committee (GulfMAC), with meeting twice a year, where stakeholders are provided the opportunity to
advice DPI&F and QJFA on management measures for GOCDFTF (DPI&F, 2006e; DPI&F, 2006g).
In ESMF stakeholder consultation occurs through Reef Management Advisory Committee (ReefMAC)
and it’s associated Scientific Advisory Group (DPI&F, 2006h). Consultation in the ECBDMF occurs
through the Harvest Fisheries Management Advisory Committee (HarvestMAC); meeting twice a year
providing stakeholders opportunity to review and advise DPI&F on management measures (DPI&F,
2006i). Consultation in Queensland eel fishery occurs twice a year through the Freshwater
Management Advisory Committee (Freshwater MAC) and in spanner crab fishery through Crab
Management Advisory Committee (CrabMAC).

Northern Territory
“In 1993, the Northern Territory Government established the first Aboriginal Fisheries Consultative
Committee. Another seven committees have since been established. The committees were established
to distribute information, provide a forum for Industry, Government and Indigenous groups to discuss
sea country issues, and to provide Aboriginal coastal groups with a voice in fisheries management.
Some of the positive outcomes from the Consultative process includes a possession limit on painted
crayfish, Aboriginal Marine Ranger funding, Indigenous Apprenticeships with Fisheries, informal
agreements between fishers and traditional owners, Dugong protection zones and various economic
development activities” (DPIFM, 2005). In the Aquarium Fishery the Fisheries Group consults
stakeholders through NTAA Committee or separate consultative processes through specific regional
stakeholder groups. The Barramundi Fishery Management Plan is made available to public and key
stakeholders for comment on all issues affecting the barramundi fishery. The Spanish mackerel fishery
is managed through Spanish Mackerel Fisheries Management Advisory Committee (SMFMAC) to
share allocated catch for each sector, which has also resulted in measures that saw introduction of
target TAC for each sector and continuation of the license scheme. In Demersal Fishery consultation
with stakeholders occurs through NT Demersal Fishermen’s Association where consultation occurs
with NGOs, Fisheries officers, Public, including community and environmental conservation groups.
Further they are also invited to provide their views to the Fisheries Group through public discussion
papers and consultative processes (DPIFM, 2005).

Western Australia
20
In the Western Australian fisheries limited consultation occurs with the stakeholders through industry-
department meetings (Penn et al., 2005).

Victoria
In Victoria, fisheries consultation occurs in each fishery through relevant fishery committees.

Tasmania
“In 1994, contracts called Abalone Deeds of Agreement were introduced that increased the level of
security for quota holders and their financial backers, whilst potentially increasing the return paid to the
Tasmanian community. Over 95% of quota units are under Deeds of Agreement, with the remaining
units being under annual licences. The Deed is for ten years with an automatic right of renewal, thus,
the Deeds are essentially for perpetuity” (DPIWE, 2004).

“The industry’s views are presented to Government through a statutory advisory committee structure,
including the Crustacean Fisheries Advisory Committee (CFAC), which has representatives from
DPIWE’s Marine Resources, industry, fisheries scientists, and the Marine Police” (DPIWE, 2004).

New South Wales

“The Ocean Hauling Fishery is in the process of moving from being a restricted fishery (under section
111 of the FM Act) to a category 2 share management fishery. The progression to a share management
regime is a staged implementation” (NSW Fisheries, 2003a).

“There are a range of consultative bodies established in NSW to assist and advise the Minister for
NSW Fisheries and NSW Fisheries on fisheries issues. There are committees that are established to
provide advice on specific issues as well as bodies that advise on matters which cut across different
fisheries or fishing sectors” (NSW Fisheries, 2003a).

5. Are data, management processes and decision-making open and transparent, including any
international aspects?
Score: 7.5
Score Range: 7-10

Yes, data, management processes and decision making are open and transparent including international
aspects. Moreover, Australia has played a very pro-active role in advocating sustainable fisheries
management both in EEZ and the High Seas. One good example of such effort is the formation of High
Seas Task Force, and by advocating declaration of more MPAs, and through high seas monitoring in
the southern ocean to prevent illegal fishing and Flags of Convenience fishing.

6. Are timely, complete and reliable statistics collected and verified?

Score: 7.5
Score Range: 6-9

Yes, to a large extent. Timely statistics are collected, verified and made available to public on a regular
basis through federal and state government websites. Refer to Q1.1 for more information.

Northern Territory
The Shark fishery stock assessment is largely based on CPUE data from Northern Territory gill net
fishery upto 1995, suggesting a decline in relative abundance since mid 1980s, and the assessment is
considered unreliable as the use of CPUE as an index of abundance was problematic (DPIFM, 2005)
21
New South Wales
“Stock assessments for primary species will allow a change from landings-based monitoring to the use
of biological reference points for monitoring stock status and fishery performance, and will provide for
more accurate determination of sustainable levels of harvest for those species. An important part of the
review of stock assessments will include reviewing the trigger points (biological reference points) for
each species” (NSW Fisheries (2003b). In the recreational game fish fishery off south-eastern coast
fishing effort, catch statistics, catch composition and spatial distribution of three principal billfish
species has been analysed during 1994-2000 (Lowry and Murphy, 2003).

7. Are social, economic and institutional factors related to sustainability evaluated with data?
Score: 7
Score Range: 4-8

Yes, to a large extent.

Field 3: Precautionary Approach

1. Is precaution explicitly enshrined in legislation, and is it applied to management of Australian

fishery stocks?
Score: 8
Score Range: 7-10

Yes, Precaution is explicitly embodied in the National Environment Protection Council Act, 1994. It is
also implicitly practiced through input and output controls which possess the capacity to protect
fisheries from increase in effort.

“The Australian and State Governments formed an agreement in 1992 to implement a precautionary
approach to all facets of policy development and decision-making concerning the environment. This
agreement, known as the Intergovernmental Agreement on the Environment, is embodied in the
resultant National Environment Protection Council Act 1994. Section 3.5.1 (precautionary principle) of
the Intergovernmental Agreement on the Environment states that ‘Where there are threats of serious or
irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing
measures to prevent environmental degradation. In the application of the precautionary principle,
public and private decisions should be guided by: Careful evaluation to avoid, wherever practicable,
serious or irreversible damage to the environment; an assessment of the risk-weighted consequences of
various options.’ (Noell et al, 2006).

Precautionary Approach and ecosystem based management are implicitly followed by regulating
fisheries activities in CCAMLR and CCSBT regional fishery management areas. CCAMLR regularly
collects data and weighs up the extent and effect of the uncertainties and gaps in such data before
making a management decision (CCAMLR, 2006).

Queensland
Fisheries Resource Allocation Policy for Queensland’s fisheries is available at Queensland Department
of Primary Industries & Fisheries website which gives important details regarding fisheries allocation
and management policy guidelines of the Queensland Government (DPI&F, 2006n). Fishing is
regulated through legal minimum and maximum fish size limits (to allow at least 50% of fish to spawn
22
at least once), in-possession fish limits, closed seasons, closed waters and gear restrictions. Size limits
are based on biology and reproductive cycles of a species. Limit entry arrangements were introduced
for trawl fleet in 1979, barramundi boats in 1980, and all other commercial fishing vessels in 1984.
Regulations include controls on the number of boats that can operate in a fishery, time and place of
fishing, type and specifications (length of boat and fishing gear), amount of catch (Total allowable
catch), size, and maturity of fish (berried crabs / lobsters / finfish that can be taken on board, held,
landed or offered for sale). Output controls may apply to volume and composition of incidental catch
that can be retained. All commercial fishers have a legal obligation to record information in a
compulsory daily logbook (Trawler operators, Ocean beach fishers, Crabbers). They are also required
to supply data about their day’s catch, location fished and time spent fishing. Recreational MAFF
fishers are restricted by existing bag and size limits for fisheries, and are not permitted by law to sell
their catch (DPI&F Queensland, 2006a). Ecological Risk assessments are undertaken for harvested
species in the Gulf of Carpentaria fisheries in Queensland. Precautionary Approach is implicitly
applied through prohibition on taking female and undersized crabs to protect resource from increases in
effort (DPI&F, 2006k).

Northern Territory
In Northern Territory most of the fisheries were overfished by foreign fleets prior to declaration of
Australian Fishing Zone in 1975. Management measures were initiated to a limited extent in 1990s
with the introduction of precautionary license reduction schemes for major fisheries. However, it
remains uncertain on whether effort reduction based on limited stock assessment data and license
reduction schemes have significantly enhanced conservation of fish stocks. Some other areas of
concern include lack of specific quotas for indigenous fishery sector.

Victoria
“A system of marine national parks and sanctuaries has been established in Victoria covering
approximately 6% of coastal waters to protect important habitats and species. Within these areas, all
forms of commercial and recreational fishing are or will be prohibited under the National Parks
(Amendment) Act 2002” (DPI Victoria, 2003b). The marine protected areas (MPAs) established in
Victoria under the National Parks (Amendment) Act 2002. As part of the Australian Government’s
Oceans Policy, regional marine plans will be prepared at the large ecosystem level. Components of
these plans include MPAs. The first plan being developed is for the South-East Marine Region that
extends from Bermagui in New South Wales to Cape Jervis in South Australia covering waters from 3
to 200 nautical miles. The importance of the fishing industry in the region is widely recognized” (DPI
Victoria, 2003a). In the Victorian eel fishery the management plan implicitly follows “Precautionary
Approach” by restricting commercial Eel fishing to defined waters, balancing the harvest of glass eels
and adult eels, while encouraging the industry to thrive through stock enhancement and aquaculture
(McKinnon, 2002).

Tasmania
“The (Scallop) fishery is now managed using a ‘paddock fishing’ concept of only opening a discrete
area at any one time. The aim is to maximize stock rebuilding, protect stock for future access, and limit
fishing impacts on juvenile scallops and the broader marine environment. Before any area is considered
for opening, a survey is conducted, and an area is only considered for opening if there are substantial
scallop beds in the area consisting of no more than 20% undersize scallops. The open area is defined in
terms of latitude and longitude and usually kept to a minimal area. This system is designed to ensure a
sustainable scallop fishery” (DPIWE, 2004).

South Australia
23
“Sustainable management of marine resources in South Australia is the responsibility of Primary
Industries and Resources South Australia (PIRSA) under the Fisheries Act 1982. The principal
objectives to be pursued in the administration of the Act (section 20) are: (a) ensuring, through proper
conservation, preservation and fisheries management measures, that the living resources of the waters
to which this Act applies are not endangered or overexploited; and (b) achieving the optimum
utilisation and equitable distribution of those resources” (Nobes et al., 2004).

New South Wales

“Details of fishing closures in NSW can be found on the NSW Fisheries website at
(www.fisheries.nsw.gov.au). The management strategy includes the use of time and area closures to
restrict the access of commercial fishers when and where necessary. Additional areas of ocean waters
and sea beaches may be closed to ocean hauling operations through the declaration of marine protected
areas, such as marine parks, aquatic reserves, intertidal protected areas and national park or reserve
extension areas” (NSW Fisheries, 2003a).

2. Is uncertainty, including lack of appropriate information, quantified and used to restrain

fishing that might otherwise occur?
Score: 5
Score Range: 4-7

Yes, uncertainty is quantified to a limited extent in domestic fisheries where formal stock assessments
are conducted. Uncertainty is also implicitly considered in CCAMLR and CCSBT areas where it is
regularly considered as part of the management.

Australia has perhaps the second highest number of Marine Protected Areas in the world with
declaration of 226,000 square kilometers of new protected zones this year. The marine protected areas
were declared under the Environment Protection and Biodiversity Conservation Act, 1999.

Northern Territory
In Coastal line fishery uncertainties in stock size estimation, excessive latent effort, and increasing
fishing effort in recreational sector have been identified as major issues affecting fishery (DPIFM,
2005).

South Australia
“The lack of information on the illegal harvest of abalone prevents the estimation of the total catch in
each zone in each year. However, as estimates improve, it is intended that the annual setting of the
TACC and limits on recreational catch will consider the total harvest (legal and illegal) from the
resource” (Nobes et al.¸ 2004).

South Australia
In the Gulf St. Vincent prawn fishery trawling is restricted to relatively deep water greater than 10
metres depth in sandy and muddy bottoms. Trawling is banned in sea grass beds and certain sections of
the coast (PIRSA, 1997b).

New South Wales

“Over the years Industry has developed and implemented a series of closures that provide various
benefits, but generally aim to protect juvenile king prawns. They are recognised as ‘juvenile king
prawn closures’. These closures are in addition to the closures implemented through the NSW Marine
Parks program. They are sometimes modified on advice from Industry to suit prevailing conditions and
24
to ensure adequate protection to juvenile stock. Juvenile King Prawn closure notifications are generally
gazetted for a period of five (5) years, but may be reviewed as required. As on April 2004, there were
eleven juvenile king prawn closures” (NSW Fisheries, 2004a).

“Minimum legal lengths apply to many of the species in the Estuary General Fishery including all
primary finfish species. To address a growth overfishing problem with respect to snapper, the minimum
legal length for that species increased on 1 July 2001 from 28 cm to 30 cm. Size limits are already in
place for all primary finfish species. A periodic review of all size limits, involving community
consultation, is conducted. If in the interim, additional information becomes available indicating that a
size limit needs to be introduced or changed prior to the periodic review, the appropriate action is
taken” (NSW Fisheries, (2003b).

3. Are stock-specific target reference points estimated and employed?

Score: 6.5
Score Range: 5-8

Yes, some target reference points are estimated and employed for fisheries where stock assessments are
performed.

Commonwealth & External Territories Fisheries

In the Eastern Tuna Billfish Fishery target and limit reference points have been calculated for sword
fish stocks and plans are in place to use them in fisheries management in future (AFMA, 2003d).

South Australia
In the Spencer Gulf and West Coast fishery “The spawning biomass level is indicated by the number of
female prawns greater than 33 millimeters carapace length observed in the commercial catch during
November and December. While effort is contained within established limits, current stock assessment
advice indicates that at least 50 percent of the virgin spawning biomass will be protected. This target
reference point will be assessed through the annual stock assessment research program. The limit
reference point for protecting the resource should impose limits on levels of exploitation where the
spawning biomass may be reduced to 40 percent of the virgin spawning biomass. The target reference
point for measuring an appropriate level of recruitment to the fishery will be based upon assessment of
recruits on the fishing grounds over the period from February to April each year. The recruitment level
is determined from the number of prawns less than 30 millimeters carapace length. The target reference
point will be to maintain a recruitment index of 40. The limit reference point for the recruitment index
is set at 35” (PIRSA, 1998).

4. Are stock-specific limit reference points estimated and employed?

Score: 3.5
Score Range: 3-7

Yes, limit reference points are estimated for major commercial and recreational fisheries and employed
in stock assessment and management process.

Commonwealth & External Territories Fisheries

In the Eastern Tuna Billfish Fishery target and limit reference points have been calculated for sword
fish stocks and plans are in place to use them in fisheries management in future. Biomass, SSB
(Sustainable Spawning Biomass) & FMSY are being calculated for swordfish stocks (AFMA, 2003d).

25
South Australia
In the Spencer Gulf Prawn fisheries “effort is measured through assessment of the number of nights
fished within the fishery. The target reference point for effective effort is between 70 to 80 fishing
nights at the current level of efficiency. Effective effort is also assessed using relative changes in
efficiency of the fleet. The limit reference point for effort is set at 85 fishing nights. The limit reference
point should not be exceeded. In the west coast fishery “Effort is measured through assessment of the
number of nights fished within the fishery. The target reference point for effective effort is between
100 to 110 fishing nights at the current level of efficiency. Effective effort is also assessed using
relative changes in efficiency of the fleet. The limit reference point for effort is set at 120 fishing
nights. The limit reference point should not be exceeded” (PIRSA, 1998).

5. Are there viable contingency plans to restrict fishing in the event of an environmental
emergency?
Score: 8
Score Range: 6-10

Yes, measures are in place to restrict fishing in the eventuality of an environmental emergency. For
more information on this aspect check Abrahams (2001), and Emergency Management Australia
website (http://www.ema.gov.au/).

6. Are there viable contingency plans to restrict fishing in the event of an unforeseen emergency
caused by excess fishing?
Score: 6
Score Range: 4-8

Yes, to a large extent.

Queensland
In the Queensland East coast trawl fishery permit to retain limited quantities of nine species groups,
with harvest limited by number (in-possession limits), volume and sex.

South Australia
Ecological Assessments are undertaken for all major commercial fisheries in South Australia. “….total
catch in each zone is closely monitored by PIRSA Fisheries throughout the season. As the total catch
approaches the TAC a decision is made to close access to the fishery to avoid the TAC being exceeded.
The fishery may also be closed (by default) if the TAC is not taken prior to the end of the established
fishing season. No over-catch or under-catch provisions apply” Sloan (2002).

New South Wales

“Spawning season closures (between November and March) are also in place for some sub zones
identified as requiring additional management following declines in abalone populations or to minimise
disturbance to spawning abalone” (NSW Fisheries, 2003d).

7. Are management instruments under continuous review?

Score: 9
Score Range: 8-10

Yes, to a large extent

26
8. Are no-take areas of sufficient size to work, established, policed and monitored as an
insurance?
Score: 5.5
Score Range: 3-7

Yes several marine protected areas and no-take areas have been designated and monitored regularly
both in Commonwealth and State jurisdictions to protect fish stocks.

Queensland
In the recreational fishery closed seasons are practiced from October to December for specific number
of days for coral reef fish. A closed season is also applied throughout the Gulf of Carpentaria and
adjacent waterways from September to January. The Great Barrier Reef World Heritage area
(GBRWHA) supports 70% of ECTF, with prawn species dominating the catches followed by scallops
as landed catch. ECTF fishing area occupies a vast 546,267 km2, of which 63 per cent lies within
GBRWHA. 31 per cent of the total fishery area is permanently closed to trawling and 49 per cent of the
fishery area in GBRWHA permanently closed to trawling. 905 of the GBRWHA is lightly to
moderately fished (<100 fishing days) and 8-9 per cent being heavily fished (>100 days fishing per
year) (Bibby and Kerrigan, 2003).

“Western Australia, South Australia and New South Wales adopted the concept of multiple-use Marine
Protected Areas (CALM 1998a, South Australian Government 1998). Their marine reserves system is a
vehicle for both preserving representative ecosystems and establishing multiple-use management. In
contrast, the Victorian government has adopted a ‘whole-of-coast’, integrated, multiple-use marine
(and coastal) planning approach for the entire coast and nearshore waters, which includes a
representative system of multiple-use marine reserves (Land Conservation Council 1995, 1996,
Environment Conservation Council 1998). In Western Australia and New South Wales the
representative system of MPAs is being developed through statutory Marine Park authorities (WA
Marine Parks and Reserves Authority, NSW Marine Parks Authority); in Victoria they are being
developed through independent public-land-use planning authorities (Land Conservation Council,
Environment Conservation Council); in South Australia they are being developed through government
agencies (Department of Environment, Heritage and Aboriginal Affairs, Department of Primary
Industries and Resources). In Tasmania, the strategic policy framework of an MPA system, including
recommendations on a process and framework to establish and manage a CAR system of MPAs are to
be addressed in the Tasmanian Marine Protected Areas Strategy being developed by the Marine and
Marine Industries Council. As New South Wales has yet to develop a strategic policy framework for a
representative MPA system, the following analysis of the approaches to establishment is confined to
Western Australia, South Australia and Victoria” (DPIWE, 2000).

New South Wales

“Closures are an important tool for achieving resource management goals. Under section 8 of the FM
Act the Minister for Fisheries may prohibit, absolutely or conditionally, the taking of fish or a specified
class of fish, from any waters or from specified waters. These closures either prohibit or restrict
activities of commercial and/or recreational fishers in a given area for a specified time. Fishing closures
may be used to protect and conserve areas of key habitat; manage the amount of fishing effort in an
estuary or designated parts of an estuary; manage conflicts between stakeholders over the use of the
resource and to ensure it is equitably shared; protect populations during their times of spawning;
minimise incidental catch and the impacts of the fishery on threatened and protected species” (NSW
Fisheries, 2003c).

27
9. Are plans in place to restrict fishing if species linked through the ecosystem to the target(s) of
this fishery become threatened?
Score: 4
Score Range: 3-6

Yes, but only to a limited extent.

Commonwealth Fisheries
“The national Representative System of Marine Protected Areas contains representative samples of
Australia’s marine ecosystems. There are many marine protected areas in the area of the SBT fishery.
Marine protected areas can be State or Commonwealth declared, and allow different types of use (e.g.,
parts can be fished at different times of the year). The major marine reserve in the SBT fishery is the
Great Australian Bight Marine Park where fishing is managed both spatially and by season. Regional
marine plans are currently being prepared for Australian marine ecosystems as part of Australia’s
Oceans Policy. Regional marine plans will provide for ecosystem–based allocation of resource access
and use across and within sectors based on an understanding of the economic, environmental, social
and cultural values of the region. The plans will provide a focus for coordination between existing and
developing ocean uses and the range of the agencies with responsibilities for marine systems. The first
regional marine plan is currently being prepared for the south-east region and will encompass part of
the SBT fishery. The other regional marine plans that will focus on parts of the spawning area and
primary zones of commercial activity in the SBT fishery include the southern-west, western-central and
north-west marine domains” AFMA (2002).

In the Northern Prawn Fishery operators are prohibited from retaining nay species of sharks, skates,
and rays including fins, teeth, skin and saw shark beaks (Pownall & Jarrett, 2004).

Queensland
Protection of fishery environment is achieved through declaration of Fish Habitat Areas, provision of
protection of marine plants, fish passage areas across dams, and closed areas. Fisheries are also
regulated through legal fish size limits, in-possession fish limits, closed seasons, closed waters and gear
restrictions. In the Queensland Finfish (Stout Whiting) Trawl Fishery (FTF), interactions with
endangered animals are avoided through closed water provisions and by the use of Turtle Excluder
Devices (TEDs). Moreover the Stout Whiting caught in inshore waters are juvenile fish and not large
enough to be targeted by recreational or indigenous fishers. On 19th December DPI&F in assistance
with Queensland Environmental Protection Agency implemented a trawling ban in key grey nurse
aggregation sites (DPI&F, 2006l). In the ECTF major review for principal species caught in the otter
trawl is undertaken regularly and a review event is triggered if CPUE drops below 70% of the average
CPUE of the years 1988 to 1997 (DPI&F, 2006m).

Northern Territory
The NT Finfish trawl fishery is a single operator fishery, which employs a trawl net developed co-
operatively by industry and Fisheries Group to minimize habitat disturbance and by-catch while
ensuring sustainable catch rates (DPIFM, 2005). Appropriate trigger reference points and performance
indicators have been developed for major commercial fisheries in Northern Territory. Trigger points
are incorporated as part of the Fishery Management Plan for each Fishery and are currently in use in
Barramundi, Spanish mackerel fishery and Demersal fishery. Review is triggered if aggregate landings
by all sectors reach 90% of Sustainable yield and / total fishery catch declines by 30% over calendar
year; estimates of catch share by stakeholder groups increases by 20% over the calendar year; by-
product increases to 10% of total catch over the calendar year; any significant impacts of fishery on
28
ecosystem or fish stocks are noticed by observers, and infringements in quota or violations, discards
etc. A review is triggered resulting in cut in quotas, effort controls, gear restrictions and restrictions on
fishery areas etc, to revive the fish stocks. In the Timor Reef Fishery prohibition on fish trawling was
declared in late 1980s to provide protection from fisheries impacts (DPIFM, 2005).

Western Australia
Impacts of fishing on benthic communities and ecosystem are assessed in trawl fisheries off south
Western Australia. The studies have included monitoring of reported commercial landings, on-board
sampling of commercial catches, trawl surveys, experimental and exploratory trawling which enabled
development of database on abundance and distribution of species. “During a year of intensive
commercial sampling (1990/91) an estimated 354 tonnes of marine fauna were taken by trawlers,
comprising 109 tonnes of target species, 21 tonnes of retained by-catch and 224 tonnes of discards of
which 67 per cent were unlikely to survive” (Laurenson et al., 2006).

South Australia
Performance indicators and trigger points have been developed for major South Australian commercial
fisheries. “In the event that a reference point is triggered, PIRSA Fisheries will undertake following
actions (1) Notify the Minister for Agriculture, Food and Fisheries and participants in the fishery as
appropriate; (2) Undertake an examination of the causes and implications of the reference point being
triggered; (3) Consult with the abalone industry in association with the Abalone Fishery Management
Committee on the need for alternative management strategies or actions; (4) Conduct a review of the
effect of the reference point being triggered; and (5) Provide a report to the Minister for Agriculture,
Food and Fisheries and industry, within three months of the initial notification” Performance indicators
are collected from a wide array of fishery dependent information which include commercial logbooks,
catch and effort database, stock assessment reports, recreational catch data and illegal catch
information (Nobes et al., 2004).

New South Wales

“Levels of by-catch in the Ocean Hauling Fishery have also not been formally described but are
anecdotally thought to be low. Much of the fishing in the fishery takes place in either open water or on
beaches where impacts of fishing on habitats have not been described but are also thought to be low”
NSW Fisheries (2003a).

Field 4: Stocks, fleets and gear

1. Is excess fleet capacity being reduced?

Score: 4.5
Score Range: 4-7

Yes, to a limited extent.

Australia has regulated fishing capacity by limiting number of fishing permits / licenses, license buy-
back schemes, and restrictions on vessel replacement rather than reducing the actual fleet size in most
of its domestic fisheries. In Commonwealth (federal) fisheries number of fishing vessels engaged in
commercial fisheries is available. There are currently 96 vessels in Northern Prawn fishery, 414 rock
lobster, 271 mackerel vessels, 125 pearl shell, 70 prawn, 136 sea cucumber, 95 trochus, 117 crab, 239
line and 151 net vessels in Torres Strait fishery, 106 vessels in Southeast trawl fishery, 205 vessels in
the gillnet, hook and trap fishery, 10 vessels in Great Australian Bight trawl fishery, and 64 Southern
29
Blue fin tuna fishing vessels (ABARE, 2005). All the State / Territory fisheries are regulated through
fishing permits and hence no vessel count is available for these fisheries. Details of number of fishing
permits for the year 2004 are available in (ABARE, 2005). The number of fishing permits has been
reduced over the years in several state fisheries through license buy-back and by stopping issue of new
licenses.

Northern Territory
Majority of the commercial fisheries are regulated by fishing day’s restrictions, and TACs. No
information on reduction in fleet capacity was encountered to substantiate the same.

2. Are fishing methods known to be harmful to habitats, to create by-catch problems, or whose
high fishing capacity is difficult to control, being phased out?
Score: 5
Score Range: 3-6

Yes, to a limited extent through increase in mesh sizes for gill nets, mandatory use of TED’s and
BRD’s in trawl fishery and through area and seasonal closures to prevent capture of juveniles and
spawning aggregations. By-catch is monitored through national by-catch action plans and through
observer programs in commercial fisheries where amount of by-catch is regularly assessed and action
undertaken to reduce the same. However, few harmful gears have been banned.

Commonwealth Fisheries
In Australian CCAMLR fishing areas specific by-catch limits exist for non-target species, and are
regularly monitored by AFMA through SAFAG, which monitors by-catch non-target species, through
by-catch limits recorded by observers in logbook for each trip. When by-catch limit is reached the
entire fishery is also closed. In the Southern Bluefin tuna data from logbooks suggests low by-catch, as
98% of the fishery quota is taken by purse seine sector (AFMA, 2002a).

“…..data relating to the target species and by-catch species (including wildlife interactions) are
collected primarily through the logbook process. This information is incorporated into AFMA
databases and used primarily for research. The logbooks have specific areas for provision of
information relating to endangered, threatened or protected species. AFMA staff collates this data
annually, and a summary is available to the public. Information presented includes species type,
condition of captured species upon release, and number caught” (AFMA, 2002a).

Restrictions also exist in longline tuna fishing sector to regulate and reduce by-catch of birds “To meet
AFMA’s obligations under the Seabird Threat Abatement Plan (TAP) regulations were introduced in
early 2001 that apply to longline permit holders. Specifically, If a longline is set south of latitude 30°
South, operators are required to Set the line in the hours of darkness; Continue, in line with regulation
19, to deploy an approved tori pole apparatus during line setting; Ensure that all bait is properly
thawed; Prevent the discharge of any offal or damaged bait during line setting; and Avoid the discharge
of any offal during line hauling, however if this is not possible then only discharge offal: While the
vessel is not underway; or from the opposite side of the vessel to that where the line is being hauled.
If a longline is set north of latitude 30 ° South, operators are required to: Carry an approved tori pole
apparatus (decision to deploy remains with the master); Prevent discharge of any offal or damaged bait
during line setting; Avoid the discharge of any offal during line hauling, however if this is not possible
then only discharge offal: While the vessel is not underway; or From the opposite side of the vessel to
that where the line is being hauled” AFMA (2002a).

30
External Territories
Along West Australian coast IOTC observers regularly collect data on by-catch and discards along with
biological samples and catch data to identify mitigatory measures in the long line tuna fishing (IOTC,
2005a).

Queensland
In the Gulf of Carpentaria Developmental Finfish Trawl Fishery (GOCDFTF) two types of nets are
used in the fishery the full wing Wendy net and the Champion cutaway wing net. Both the nets are
environmentally friendly, reduce occurrence of sponges, corals and other unwanted species. Observer
program estimated that approximately 38% of catch by weight was discarded as by-catch. Protected
species caught in the GOCDFTF, ECTF are released immediately and monitored through Species of
Conservation Interest (SOCI) logbook. Moreover the fishers are legally required to report interactions
with all protected and endangered species (DPI&F Queensland, 2006e). In the GOCLF level of
capture/mortality of endangered/ protected species is nil, and SOCI logbook provides more information
on level of interactions if any (Roelofs, A.J. (2003). In the GOCESMF fishery there is low by-catch as
large proportion of other species caught are retained as by-product for sale and consumption. In ECTF
Fishing effort has been reduced in recent years as majority of vessels have been removed through
Structural Adjustment Scheme implanted by Commonwealth Government, with the proportion of
vessels decreasing from 71 % to 67% in the last five years within the GBRWHA (DPI&F, 2006m).

3. Is by-catch of non-target species minimised?

Score: 6.5
Score Range: 6-8

Yes, to a limited extent in recent years through national by-catch action plans. However, there is
significant shark by-catch in shark nets used to prevent entry of sharks into beaches in several
jurisdictions. Independent research surveys and onboard observers have been used to quantify by-catch
in prawn fisheries in several state territories (Andrew and Pepperell 1992; Kennelly 1995; Gray, 2001).

“The Ministerial Council on Forestry, Fisheries and Aquaculture endorsed the National Policy on
Fisheries By-catch in 1999 to ensure a unified national response to the problem of by-catch across all
Australian fisheries. The overall goal of the policy is to ensure that the direct and indirect fishery
impacts on ecosystems are taken into account in the development and implementation of fisheries
management regimes. An overarching objective of the policy is to ensure that by-catch species and
populations are maintained at sustainable levels. Supporting this are the following sub-objectives
(DAFF, 1999): To reduce by-catch; improve protection for vulnerable/threatened species; and to
minimise adverse impacts of fishing on the aquatic environment.

“The National Policy on Fisheries By-catch defines by-catch at its broadest level, to include all
material, living and non-living, other than targeted species which is caught while fishing. For practical
purposes, the National Policy defines by-catch to include discards (that part of the catch returned to the
water) and also that part of the catch that is not landed but is killed as a result of interactions with
fishing gear. By-product is defined as non-targeted catch that is commercially valuable and therefore
retained by fishers. For the purposes of this Management Plan, by-catch and by-product have the same
meaning as the definitions set out in the National Policy on Fisheries By-catch” Noell et al., (2006). 8
fisheries currently have by-catch action plans in commercial fisheries sector. For more details see:
http://www.daff.gov.au/corporate_docs/publications/pdf/fisheries/bycatch%20.pdf).

Commonwealth fisheries
31
To minimise risks of discarding or high grading of southern bluefin tuna, AFMA introduced restricted
access arrangements in East Coast Tuna and Billfish Fisheries (ECTBF) and Southern and Western
Tuna Billfish Fisheries (SWTBF) (AFMA, 2002a). Data is available for albatrosses and other seabirds
caught as by-catch by Japanese longliners in the Australian Fishing Zone for the years 1992-1995
(Klaer and Polacheck, 1997). The impacts of incidental capture of turtles in the Northern prawn fishery
have been studied by Poiner and Harris (1996).

Queensland
“Trawl by-catch of juvenile snapper is also a concern; however this source of mortality has been
reduced over recent years as the level of trawling in Moreton Bay has declined by approximately 30%
since the introduction of the Fisheries (East Coast Trawl) Management Plan 1999” (Gaddes, 2004).

By-catch in the beche-de-mer fishery is restricted to releasing undersized specimens of target species.
In Queensland spanner crab fishery there are low levels of by-catch, majority being sea urchins and star
fish etc, with by-catch rates varying between less than 0.01 and 5.16 individuals per dilly lift.
Moreover, DEH requires all by-catch to be reported in a logbook (DPI&F, 2006j). A progressive
reduction in the by-catch of sand lobsters, squids has been observed in the East Coast Trawl Fishery
after introduction of BRDs and TEDs between 1999 and 2000 (Bibby and Kerrigan, 2006l). Gaddes
and Bibby, (2004) report that in the east coast trawl fishery boat operators while targeting other species
discarded large catches of bay prawns regularly due to lack of market demand. DPI&F, (2006m) report
states recent otter trawl by-catch research identified and classified over 1,300 species of small fish,
crabs, penaeid prawns, and bottom dwelling invertebrate species like sponges, sea stars and gastropod
shellfish. In the Northern prawn trawl fishery, ecological risk assessments have been undertaken to
assess the impacts of turtle excluder devices on recovery of elasmobranch populations in the by-catch
(Griffiths et al., 2006).

Northern Territory
In the Spanish mackerel fishery monitoring (Observer trips) of commercial fishery identified very low
levels of by-catch and no interaction with protected species. In demersal fishery all the species caught
in the fishery are landed and sold. In the shark fishery “Catches of sharks other than blacktips increased
from 399 tonnes (24%) of fishery’s catch in 2003 to 649 tones (40%) in 2004” (DPIFM, 2006c). The
principal by-catch species caught included several species from Carcharhinidae family, mostly
Carcharhinus spp., Rhizoprionodon spp. and hammerhead sharks (Eusphyra blochii and Sphyrna spp.)
In the mud crab fishery by-catch is made up of unmarketable mud crabs, cod, catfish and occasional
blue swimmer crabs, majority of which are released alive (DPIFM, 2005). The by-catch of trawlers
operating in the northern prawn fishery was studied by Ward (2000).

Western Australia
Commercial prawn trawling has affected many smaller juveniles of commercially important fishes in
the Shark Bay trawl fishery including the pink snapper leading to depletion of adult stocks. The reason
for this affect is that the natural mortality of young snappers (6-18 months) is very high (upto 92%) due
to predation in the first year, which is further reduced by trawling from 8% to 6% (Moran and Kangas,
2003).

South Australia
In the giant crab fishery strict controls are in place to restrict by-catch with limits on amount harvested
for both target species and by-catch to maintain precautionary management strategy. If by-catch
exceeds the allocated amount the TAC could be adjusted to account for the over-catch (Sloan, 2002).

32
In the South Australian Scalefish fishery strict by-catch limits are enforced both in state and
Commonwealth government managed waters “State-managed species taken by Australian Government
licence holders are regulated by by-catch limits (trip), e.g. 50 kg snapper, and vice versa, i.e. Australian
Government-managed species taken by marine scalefish licence holders are regulated by by-catch trip
limits, e.g. a combined total of 5 school and/or gummy sharks taken outside internal waters” (Noell et
al, 2006).

NSW
By-catch in prawn fisheries of New South Wales has been well studied over the years by several
authors and grids are mandatory (Liggins and Kennelly, 1996a; Kennelly et al., 1998; Liggins et al
1996b). The by-catch in the prawn seine net fishery in southeastern Australia included large numbers of
small (<15 cm total length) finfish species of commercial and recreational importance including Gerres
subfasciatus, Rhabdosargus sarba and Acanthopagrus australis, as well as several small demersal
species of lesser market value (Gray, 2001).

4. Are discards minimised?

Score: 4
Score Range: 3-5

No, only to a limited extent, although score reflects a few progressive discard reduction plans in place.

Commonwealth Fisheries
Australia has one of the highest discard rates in the world rate, at an estimated 55.3% according to
Kelleher (2004). There are also significant discards in beach seine landings, estuarine seine fishery
(Kennelly and Gray, 2000) tuna and prawn fisheries.

However in certain jurisdictions by-catch rates have been regulated through management actions.
“….the Australia Sub-Antarctic BCAP: where any haul contains more than 100 kg of mackerel icefish,
and more than 10 per cent of the icefish by number are smaller than 240 millimetres total length, the
fishing vessel shall move to another fishing location at least five nautical miles distant. The fishing
vessel shall not return to any point within five nautical miles of the location where the catch of small
icefish exceeded 10 per cent for a period of five days. If, in the course of fishing, the by-catch in any
one haul of any species for which by-catch limitations apply is equal to or greater than two tonnes, the
fishing vessel shall not fish using that method of fishing at any point within five nautical miles of the
location where the by-catch exceeded two tonnes for a period of at least five days” (Kelleher, 2004).

Hill and Wassenberg (2000) studied the impact of discards on species composition and biomass in
prawn fishery in the vicinity of Great Barrier Reef. The study showed that prawn trawling led to
increase in crested tern populations due to scavenging on floating discards., and alteration in benthic
biomass diversity due to survival of certain groups of invertebrates compared to others altering
ecosystem structure. The study revealed that 98% of discarded finfish and cephalopods die immediately
with a survival of 12% of crabs, bivalves and echinoderms which subsequently alter the ecosystem
structure.

In the South Eastern Scalefish and Shark Fishery “An onboard scientific monitoring program has
shown that a significant proportion of the catch of some quota species is discarded at sea. Therefore the
actual catch is considerably greater for some species. Over the period 1984 to 2003, dramatic changes
in the species composition of the catch have occurred. These were initially due to the collapse of the
eastern gemfish fishery and the discovery of orange roughy resources. In 1984, 21 per cent of the catch
33
was eastern gemfish, with tiger flathead and redfish being the next most important species. By 1990,
the orange roughy “boom” was well under way, with 74 per cent of the recorded catch of quota species
being this species and landings of the more traditional species being reduced to only a few percent of
the total tonnage (Figure 6). Following the decline of the orange roughy fishery, the proportion of this
species in the catch (excluding catches from outside the quota zones) dropped to 12 per cent in 2003.
Good seasons for blue grenadier in 2002 and 2003 resulted in this species comprising one-third or more
of the total SEF trawl catch in these years” (Smith and Wayte, 2005).

“Information on the discarded portion of the SEF catch is gathered by the Integrated Scientific
Monitoring Program (ISMP) based at MAFRI in Victoria. On-board field scientists sample the retained
and discarded catches taken by SEF trawlers. The total discard weight of quota species during 2003
was estimated as 1,856 t, which is 164 t less than the weight discarded in 2001 (2,020 t). The overall
discard rate for quota species during 2003 was about 8.3%, which is higher than in 2002 (7%). For non-
quota species, the total discarded weight increased from 12,770 t in 2002 to 15,852 t in 2003. The
retained weight of non-quota species also increased from approximately 5,000 t in 2002 to 6,030 t in
2003. Discard rates for non-quota species increased from 66% in 2002 to 68 % in 2003. This compares
to a discard rate of around 70% in 1998 and 1999” (Talman et al, 2004; Smith and Wayte, 2005).

In the Commonwealth Tuna and Billfish fisheries “The FAG was provided with the (Eastern Tuna Bill
Fish Fisheries) ETBF Data Summary for 2002/2003 and noted that the weight discrepancy between
processed fish and whole fish that was reported the previous year should be rectified with the new ALO
5 logbook. Industry advised it is difficult to estimate weights accurately so most fishers tend to use
ranges (i.e. 15-20, 20-25, 25-30kg etc) when recording weights and this usually results in
underestimations. The FAG requested that the table on page 17 have a 4th column added for the
processor verified weights which clarify some of the reported figures. In relation to a query as to why
the number of key species discarded was high industry noted that the number of fish discarded may
actually be recorded as a weight so it is not necessarily accurate. Also, traditionally smaller yellowfin
and bigeye less than 10-12kgs have been discarded if retrieved alive” (AFMA, 2003d).

In the Southern Bluefin tuna fisheries “During the 2003–04 and 2004–05 seasons, no discarding of
SBT was reported in logbooks collected in the purse seine fishery in the Great Australian Bight. In
2004, AFMA observers monitored longline operations in the Eastern Tuna and Billfish Fishery during
the months and areas in which SBT are most likely to be taken incidentally (i.e. south of 30◦S from
May to September). Observer data showed that 61% of longlined SBT were discarded during the
observed operations. In contrast, the level of SBT discards recorded in logbooks from other vessels
fishing during the same period south of 30oS was only 10%. In response to this new information the
Australian Fisheries Management Authority has implemented tighter access controls and implemented
100% observer coverage for the 2005 season” (CCSBT, 2005b).

Bromhead and Wise, (2005) give estimates of discards in the East coast Tuna and Billfish fisheries.
Their study states that there are significant spatio-temporal differences in reported by-catch between
vessels with observers and without observers. Significant discards for albacore tuna occur along waters
off southeast coast of Tasmania, as high as 50-100%, although logbook records indicate very little or
no discarding for this fishery. Reported discard rates for different species are as follows: albacore tuna
have 0.8-1.3 % discarding rates in recent years, 5-28 % discard rates for dolphin fish, and 2-19% for
shortfin mako shark. Reported discards in eastern longline fishery comprise of 31493 discards for
lancet fish since 2001, and 15111 discards for blue sharks, which are frequent by-catch in longline
gear. Other discards in eastern long line fishery included ocean sunfish and indo-pacific sail fish.

34
Information on discards of other finfish species in longline fishery are also given in Bromhead and
Wise (2005).

“Data collected through the integrated scientific monitoring program indicate that around 7 per cent of
commercial quota species in the south east trawl fishery (SETF), valued at around $3 million, were
discarded in 2003. Analysis of the discarding data suggests that this involves the discarding of smaller
less valuable fish, a process referred to as ‘highgrading’ as fishers seek to maximise the value of their
quota. Majority of redfish between 10 and 15 centimetres in length caught in the New South Wales
zone of the SETF were discarded in 2003. However, redfish over 20 centimetres in length were almost
all retained” (Elliston et al, 2005).

Queensland
The quantity of coral reef finfish discarded is very less, as most of the important commercial species
are retained. “Juvenile snapper have also been reported in trawl by-catch, particularly in the Moreton
Bay trawl fishery. Under a model developed by Sumpton and Jackson, it was estimated that
approximately 30 t of snapper was caught and released by trawl operators annually, with the majority
dying. By-catch in the recreational sector includes any fish that is released, regardless of whether it is
discarded because it is undersized or because of a ‘catch and release’ philosophy. Release rates for
some rocky reef species have been estimated through the RFISH surveys and the NRIFS. The release
rate for snapper is estimated to be particularly high, with the RFISH survey suggesting approximately
75% of fish are released, and the NRIFS suggesting a release rate of 66% across Australia. In regard to
pearl perch, the RFISH survey estimates that between 40% and 45% of fish are released. There is some
concern that the mortality rates of some released rocky reef fish, particularly snapper, amberjack,
teraglin jew and samson fish, may be quite high because of their susceptibility to barotraumas” (DPI&F
Queensland, 2006d). Mortality in the beche-de-mer discards is expected to be less given that specimens
are taken from shallow waters, and returned to site of capture quickly and kept in sea water prior to
release. In the GOCIFF DPI&F and industry are proactive in increasing the survival of incidental
species through Codes of Conduct (Environmental Management system – EMS Program) and other
arrangements like closures, net mesh restrictions. High catch utilization rates and low levels of by-catch
in the GOCIFF net fishery have led to less discards during fishing operations. Input and output
controls, by-catch gear restrictions, effort reduction schemes. By-catch is also monitored in the N9
fishery by DPI&F observers’ onboard fishing vessels (DPI&F, 2006g). In the finfish (Stout Whiting)
Trawl Fishery around 27 tonnes of stout whiting was discarded in 2004, with the reported weight of by-
catch species discarded varying over the years due to changes in trip limits, reporting requirements,
market prices and effort levels. Discards of blue swimmer crab in 2004 were five times the weight
discarded in 2002. Stout whiting also forms significant portion of by-catch taken with T1 gear
operating in southern part of ECOTF. ECOTF operators caught and discarded 1255 tonnes of stout
whiting in 2004. Since 2000, all stout whiting caught by T1 gear must be discarded as by-catch. Recent
changes in regulations require all otter trawl vessels to install TEDs and BRDs in every trawl net.
These have led to significant reduction in by-catch of stout whiting with catch rates falling upto 57% in
gears installed with BRDs (DPI&F, 2006l). The fate of discards from prawn trawlers fishing in the
vicinity of coral reefs of Great Barrier Reef has been studied by Hill and Wassenberg (2000).

Northern Territory
In the Barramundi fishery nets are quite selective and non-target species are either retained as
byproduct or discarded as by-catch depending on market price and availability of targeted species. A
small percentage of catch is discarded which include blue salmon, queen fish, trevally, triple-tail and
sharks (DPIFM, 2005). Non-retained species comprised less than 1 % of total catch in demersal and
Timor reef fishery. Discards included edible species like the Chinaman fish (Symphorus
35
neamatophorus), red sea bass (Lutjanus bohar), big eye trevally (Caranx sexfasciatus) and starry
trigger fish (Abalistes stellatus) (DPIFM, 2005). In the NT Finfish Trawl Fishery has 17% of total catch
is discarded, with high proportion of discards being sharks and rays (a ‘no-take’ policy for these
species exists). However, the operator has devised a system of grids and rails on the fish hopper to
enable live escape of sharks and rays into the water in a timely manner (DPIFM, 2005).

Western Australia
In the Western Australian Demersal gillnet and longline fisheries, fishery landings records of by-catch
were estimated by bootstrapping observed catch rates (McAuley and Simpfendorfer, 2003).

Tasmania
Sea urchins are caught and processed throughout the year in Tasmanian waters but peak activity is in
December when sea urchins are in peak spawning season. Subsequent catches during Jan to Feb have
low urchin roe, and samples are often cracked open in processing factories to check roe condition, and
Crates with low yielding sea urchins are usually discarded. Hence, there is a need to assess the need for
fishing in post spawning months when only post spawners are left in the fishery (DPIWE, 2004).

South Australia
“Although no information is currently available on the proportion of discarded by-catch of all species
taken in hauling nets, a study on the by-catch and subsequent fate in the Victorian inshore net fishery,
which is of similar nature to that of the South Australian Marine Scalefish Fishery (Knuckey et al.,
2002), reported an average release rate of 60-70% (numbers and weight) with a subsequent average
mortality of released species of 20%. Information on the release and mortality rates available for the
primary target species of the Marine Scalefish Fishery are also available (Noell et al, 2006).

NSW
Gray et al (2001b) estimated the discarded catches from commercial beach-seining operations in
Botany Bay. Discards from prawn trawling in New South Wales have also been quantified (Gray et al.,
1990).

5. Is gear designed to minimize ghost fishing if lost?

Score: 6
Score Range: 5-8

Yes, to some extent. Clearance of marine debris through beach surveys and cleanups have been part of
some other efforts to remove derelict fishing gear along Australian coast. Studies have revealed that
debris from fishing sector accounting for upto 2-41 % of total debris found on beaches (Jones 1994;
Slater, 1991; Edwards et al 1992; O’Callaghan 1993). Recent measures in many states to clear beaches
of derelict fishing gear on a regular basis are worth appreciation. However, more concrete measures are
needed in reporting of lost fishing gear and marking them while in water.

Commonwealth Fisheries
In the Northern Prawn fisheries fishers are required to record and report the loss or recovery of fishing
gear at sea and are required to retain onboard derelict fishing gear gathered during fishing operations
for disposal on arrival at shore (Pownall & Jarrett, 2004). Page et al., (2004) report that in shark fishery
Australian sea lions frequently get entangled in monofilament gill nets. Entanglement of pinnipeds at
Maron Island has been described by Homfeyr et al., (2002).

36
“On 30 November 2004 the Australian Government Minister for the Environment and Heritage,
Senator Ian Campbell announced that the Gulf of Carpentaria will be cleared of derelict fishing nets
and other debris under a $2 million Australian Government programme to save threatened marine and
coastal animals from entanglement. At present this largely entails a beach clean ups although gear
retrieval may be considered as part of the programme” (Brown et al, 2005).

Queensland
“FFVs (Foreign Fishing Vessels) appear to be targeting sharks and other pelagics, however inshore
finfish are also being taken. There are also concerns over the observed take of protected species and
other species of conservation interest. Also, the number of ghost nets and discarded long lines along the
GOC shoreline, already a serious issue, is likely to escalate as FFV discard apparatus in an attempt to
evade capture by Australian authorities. Ghost fishing from discarded nets has an adverse impact on
marine wildlife and actions have been proposed to reduce the level of discarded/lost nets.7 A Natural
Heritage Trust–funded project is developing a network of communities around the GOC focused on
tackling the impacts of ghost nets ‘on-the-ground’. The project has already achieved considerable
success in removing ghost nets from some of the GOC’s remote beaches through the provision of
funding to coastal Indigenous communities. The great majority of the beached nets appear to originate
from fisheries outside Australian waters requiring international solutions to alleviate the problem.
Australia has representation through the DEH National Oceans Office at international forums such as
the Asia-Pacific Economic Cooperation (APEC) and Arafura and Timor Seas Expert Forum (ATSEF)
where options for mitigating the ghost net problem are being discussed” (DPI&F, 2006g ; Kiessling,
2003).

Western Australia
In the west coast deep sea crab fishery the crab pots are designed in a way that prevents ghost fishing
even if they are lost (Penn et al, 2005).

Northern Territory
White (2006) reports that in Northern territory marine debris surveys revealed presence of vast amounts
of plastic and derelict fishing gear mostly of foreign origin. “A total of 406 derelict fishing nets were
collected from monitoring sites, weighing a total of 879.3 kilograms, 36% of all debris by weight. The
origin of these nets was overwhelmingly foreign, 98%. Foreign fishing nets were also found to be
responsible for all recorded wildlife stranding events, five marine turtles and 42 fish on monitoring
sites and a further 40 marine turtles and 31 fish and sharks reported to WWF as Net Kit reports.
Commercial fishing nets of foreign origin were about 98% of all nets collected. A total of 398 foreign
nets were collected, 270 were fragments <10m2 in area, 96 were between 10 m2 and 100 m2 and 32
>100 m2. There were eight nets of Australian origin collected during all surveys. Seven originated
from commercial fishing vessels and all were less than 10 m2, while one net found on Gitan Beach in
the Arnhem-Wessel IMCRA Zone was >10 m2 and originated from the local community” White,
(2006). Refer to White (2003) for earlier studies in this territory.

Tasmania
There are reports of entanglement of Australian fur seals in derelict fishing gears off the Tasmanian
coast. A study by Pemberton et al (1992) revealed that polyethylene trawl nets (40% of neck collars),
monofilament gillnets (15%) and nylon ropes (15%) accounted for majority of entanglements in the fur
seals, with the incidence being high in juveniles and sub-adults.

6. Is the fishing of juveniles and spawners restricted to safe levels?

Score: 6
37
Score Range: 4-8

Protection of juveniles and spawners is of utmost priority in all major commercial fisheries in Australia
through mesh size limits and through seasonal and area closures to protect spawners and spawning
aggregations. Use of BRDs, TEDS and fishing net registrations also prevents capture of non-target
species in demersal trawl fisheries. In some states there are even restrictions on amount of by-catch that
can be caught and landed.

Queensland
Areas of juvenile and spawner abundance and aggregations are identified and certain restrictions exist
on fishing during certain periods of the year. The ReefMAC programme intends to check the impact of
seasonal closures on spawning aggregations, using information on spawning seasons and locations of
fish stocks from different regions.

Northern Territory
Black “dhiufish” in NT are known to form large spatially and temporally predictable aggregations in
inshore areas presumably for reproductive purposes. Currently very few restrictions appear to be in
place to restrict the localized depletion of these aggregations around major population centres. In the
Barramundi fishery, seasonal closures prohibit recreational fishing in spawning grounds located near
mouths of rivers of Daly and Mary Rivers between October 1 and 31st January every year (DPIFM,
2005). Controls exist on construction and use of fish traps and vertical lines to minimize effects on
ecosystem if lost in Timor Reef Fishery (DPIFM, 2005).

Western Australia
“Records of non-fish by-catch were also compiled from observer data (Western Australian temperate
demersal gill net and longline fisheries). The rates of capture of non-fish by-catch were low in all
regions, with an overall occurrence of less than one capture per 1,000 kilometer gillnet hours”
(McAuley and Simpfendorfer, 2003). “Juveniles (pink snapper) are common in marine embayments
and coastal lagoons but also are sometimes found in the lower reaches of estuaries and inshore ocean
waters. The species is demersal, i.e. it generally lives close to the sea bed. Snapper eat a very wide
variety of animals, mainly crustaceans and molluscs living on the sea bed, but are also occasionally
observed to eat mid-water species such as squid and pilchards. Adults form aggregations at spawning
time, with offshore populations migrating inshore to spawn (Moran et al., 2003a; Moran et al., 2003b).

In the Western Australia Wetline fishing, fishing activities coincided with the spawning season of
Spanish mackerel leading to fishermen targeting spawning aggregations in Geographe Bay to the
Northern Territory Border leading to decline of average size of fish over time (Crowe et al., 1999).
“The development of appropriate mesh sizes for use on commercial crab traps has eliminated the catch
of juvenile crabs (< 80 mm CW) and severely limited the catch of sub-adult crabs (< 120 mm CW),
without impacting on legal catches (Blue swimmer crab fishery). Improved work practices have
reduced the mortality of returned under-size and berried crabs caught in commercial traps to negligible
levels. The shift from using gillnets to traps in most areas has resulted in a substantial reduction in by-
catch from dedicated crab fishing” (Penn et al, 2005). In the Western Australian fisheries breeding
stock levels are assessed regularly and reported annually through state of the fisheries reports (Penn et
al., 2005).

South Australia
“In 1968 all waters of the State less than 10 metres deep were closed to trawling. In addition, since
1981 there has been a number of areas closed seasonally or during each fishing period. These are all
38
aimed at protecting newly recruited and juvenile prawns or ensuring maintenance of adequate levels of
egg production. The closures have also been used to improve the size of prawns caught in order to
optimise the value of the catch and to protect areas of juvenile finfish, such as whiting” (PIRSA, 1998).

New South Wales

“Closures are an important tool for achieving resource management goals. Under section 8 of the FM
Act the Minister for Fisheries may prohibit, absolutely or conditionally, the taking of fish or a specified
class of fish, from any waters or from specified waters. These closures either prohibit or restrict
activities of commercial and/or recreational fishers in a given area for a specified time. Fishing closures
may be used to protect and conserve areas of key habitat; manage the amount of fishing effort in an
estuary or designated parts of an estuary; manage conflicts between stakeholders over the use of the
resource and to ensure it is equitably shared; protect populations during their times of spawning;
minimise incidental catch and the impacts of the fishery on threatened and protected species.
Approximately 50% of the estuarine area in each estuary of the Estuary Prawn Trawl Fishery is
currently closed to trawling” (NSW Fisheries, 2003c).

7. Are depleted stocks being rebuilt?

Score: 5
Score Range: 4-7

Yes, to a very limited extent through legislations and by applying fisheries restrictions in both federal
and Commonwealth fisheries.

Species of Conservation Interest (SOCI) logbooks, Ecologically Sustainable Development (ESD)

clearance are required for are required for most of commercial fisheries in Queensland, Western
Australia and other provinces for Environment Australia requirements and WTO approval for clearance
of export restrictions. Further, most of the commercial fisheries in Australia are required to be managed
in a sustainable manner to claim export exemptions under Environment Protection and Biodiversity
Act, 1999.

Field 5: Social & Economic

1. Is the fishery managed so as to minimise conflict among different sectors?

Score: 7
Score Range: 5-9

Yes, to a considerable extent.

Queensland
In the Queensland each fishery is managed through an independent management plan which has
specific restrictions that regulate each fishery. In the coral fishery a total allowable commercial catch
(TACC) of 1 to 4 tonnes per year is assigned; minimum and maximum size limits for trochus fishery ;
commercial harvesting of spiny lobster controlled by extensive input controls (primary boat licenses),
closed areas, vessel size and gear restrictions. The four Management Plans include Fisheries (East
Coast Trawl) Management Plan 1999, Fisheries (Coral Reef Fin Fish Fishery) Management Plan 2003,
Fisheries (Gulf of Carpentaria Inshore Fin Fish) Management Plan 1999, and Fisheries (Spanner Crab)
Management Plan 1999 (DPI&F Queensland, 2006a). Under Part 13 of the Commonwealth
Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) Wildlife Trade Operation
39
approval is given to several Queensland fisheries which are managed in an ecologically sustainable
manner.

New South Wales

“A zoning scheme was implemented in the beach hauling sector of the Ocean Hauling Fishery upon
restricting access to the fishery in 1995. Zoning rules limit a fisher’s operation to one of seven regions
along the NSW coastline. The zoning scheme was introduced to alleviate conflict among commercial
fishers and between commercial fishers and other resource user groups. The major source of conflict
was from fishers traveling to other areas. The current zoning structure has resulted in a significant
reduction in conflict” NSW Fisheries (2003a).

2. Are Indigenous Peoples rights and needs in fisheries being met?

Score: 4.5
Score Range: 4-6

Yes, to a limited extent at legislative level. Indigenous rights are not recognized to the fullest extent.
Some would also argue about the effectiveness of existing laws, especially in recent years.

Northern Territory
The Woodward Royal Commission that formed in 1972 reported that ‘Aborigines generally regard
estuaries, bays, and waters immediately adjacent to the shoreline as part of their land’ and further
recommended that the definition of Aboriginal land where coastline is involved should include both
offshore islands and waters within two kilometers of the low tide line’1. Unfortunately this
recommendation was not accepted and current Land Rights Act extends only upto the low water mark.
Further, the NT legislation allows for protection of sacred sites but does not apply to commercial
fishing operations.

On July 6th 1998, after the Crocker Island Seas Case2 the federal court gave a decision which stated that
“native title exists over 2000 sq km of sea and sea bed adjoining Crocker Island and associated islands
in the Northern Territory”. This was the first instance in which Australian courts accepted the claims of
native title in offshore areas. However, within a few days the Liberal coalition federal government
enacted the Native Title Amendment Act which states that rights of commercial and other interests take
precedence over indigenous rights regarding use of waters or water resources effectively undermining
the Crocker Island Seas decision (Mundine, 1999)3.

Aboriginal and Torres Strait islanders have lived along the coastline for 40000 years and marine and
fresh water fishes are totemic for these people. Subsistence fisheries are an integral part of culture as
well as traditional source of protein for many of the native people. Indigenous groups have been
included in management process through establishment of Aboriginal Fisheries Consultative
Committees (AFCC) to allow communication between aboriginal people engaging in customary
fisheries management and Fisheries Managers using contemporary management approaches (DPIFM,
2005). More information about NT Aboriginal Consultative Committees is available at DPIFM (2005).
“Many NT coastal Aboriginal groups continue to practise customary management and education
1
Aboriginal Land Rights Commission, Second Report, April 1974, Justice Woodward, page 30.
2
Mary Yamirr & Others v. Northern Territory, Olney, J, 1998, 771, Federal Court of Australia.
3
Note: The Crocker Island Sea case applies to all Australia as it is a Federal Court decision; hence it is authority not just
for the Northern Territory. Its effect however was limited by the Commonwealth government legislation (Native Title
Amendment Act 1998).

40
relating to the sea that has been passed on over generations through stories, dance, song, art and
ceremony. Some Aboriginal groups elect families to act as sea managers while others allow people to
act this role in their mothers' country while residing in their fathers' country. This usually means that
Aboriginal people will only fish and hunt within their own country and would seek permission before
fishing someone else's country. These are only some of the customary management practices that
Aboriginal people use to ensure the sustainability of their resources. Northern Territory coastline is
perhaps the only State in Australia where 85 percent of the coastline is owned by Indigenous people,
with another 13% under claim. Indigenous people make up around 30% of the Territory's population,
with about 80% of these living in remote or rural areas. It is estimated that around half of all
Indigenous Territorians are unemployed. Under the Native Title Act, Indigenous Territorians have the
right to practice customary fishing. Aboriginal people must fish within their traditional sea country, and
are not required to abide by general recreational fishing limits and restrictions. However, there are
restrictions on the type of gear that can be used, such as spears, hand lines, rods and amateur dragnets”
(DPIFM, 2006b).

Australia’s prioritization of indigenous fisheries management has involved a different management

approach quite in contrast to New Zealand and Canada who have addressed allocation of natural
resources to indigenous people through legal decisions and treaties. Native Title Act (1993) is the
primary legal act through which most of decisions relating to allocation of land and sea management
issues are managed. Australia is perhaps the only nation where State fisheries agencies have not
changed their operations, management or policy processes in relation to indigenous fisheries practices.
Several states are in the process of developing specific programs to give recognition to indigenous
people in fisheries management. “At the national level, a set of principles for Indigenous fishing in
Australia has been formally endorsed by the Commonwealth Government, most State and the Northern
Territory Governments, peak national Indigenous, commercial fishing and recreational fishing bodies”
(Fraser, 2006). Native title claims in the Australian Exclusive Economic zone can be found at National
Native Tribunal website (www.nntt.gov.au).

“Only a quarter of indigenous people working in agriculture, fisheries and forestry had been educated
to year 12 or higher, while this proportion is 40 per cent for indigenous people working in other
industries, 42 per cent for non-indigenous people working in agriculture, fisheries and forestry
industries and 65 per cent for non-indigenous people working in other industries” (Rodriguez et al,
2006).

Queensland
In the trochus shell fishery minimum and maximum size limits for trochus apply to all forms of fishery
except for indigenous fishers who are allowed to collect trochus even within marine parks for
traditional or customary purposes. Indigenous fishers collecting lobsters for subsistence purposes are
allowed to fish in waters less than 10m metres depth, with unhindered access to most lobster species.
In the Gulf of Carpentaria Line Fishery (GOCLF), Gulf of Carpentaria Inshore Fin fish Fishery
(GOCIFF) indigenous communities harvest finfish for customary purposes in traditional and
recreational fishing sectors. The traditional methods include use of spears, stone fish traps and nets,
with fish caught meant for the purpose of consumption within the community only. Harvest estimates
of the indigenous fishery in GOCLF also come from National Recreational and Indigenous Fishing
survey in northern Queensland (QPI&F, 2006d; Henry and Lyle, 2003).

Western Australia
Western Australia’s Aboriginal Fishing strategy (AFS) has been developed after several years of
consultation with indigenous communities and organizations, commercial fishing, recreational and
41
conservation bodies. It runs parallel to Integrated Fisheries Management (IFM) framework which
recognises and prioritizes inclusion of indigenous people in the protection, use and management of fish
resources. Key focal areas of AFS include assigning, defining and managing customary fishing;
Capacity and process for indigenous people to engage in fisheries management through IFM; allocating
commercial fishing access by utilising market processes. However, none of the above intentions have
been implemented due to lack of clarity on what constitutes customary fishing, limited capacity within
indigenous capacity to engage in IFM, and absence of concrete information on customary fishing
catches. The current Western Australian Fish Resources Management Act 1994 (FRMA) states “An
Aboriginal person is not required to hold a recreational fishing licence to the extent that the person
takes fish from any waters in accordance with continuing Aboriginal tradition if the fish are taken for
the purposes of the person or his or her family and not for a commercial purpose” (Fraser, 2006).

South Australia
South Australia’s fishing industry bodies have approved historical Indigenous Land Use Agreement
(ILUA) to establish guidelines for traditional / cultural access to fisheries resources within principles of
sustainable management, with the negotiation process involving both aboriginal groups and local
fishers for greater community level endorsement of the process. The ILUA process involves a clear
negotiation process, clearly defined users, and willing partners for a co-operative regime. After the
draft is negotiated in late 2006 the ILUA will be registered by Federal Court through the NNTT to
make it a binding agreement (MacDonald, 2006).

3. Are the needs of local fishing communities being met?

Score: 6.5
Score Range: 5-8

Yes, to a considerable extent.

4. When a change to the management of the fishery is made, is its cost-effectiveness evaluated?
Score: 5
Score Range: 4-6

Yes, cost effectiveness is evaluated both in commercial and recreational fisheries in Australia. The
Commonwealth government undertakes cost effectiveness analysis for all major commercial fisheries
sectors and makes them available to public through publications like Annual fisheries surveys reports.

“The costs of managing a fishery are between the government and the operators who hold an
entitlement for the fishery, according to level of benefit attributed. They include costs for Management
Advisory Committees, logbooks, registers, monitoring programs, compliance, AFMA overheads and
research. The contribution is collected as a management levy each financial year.
(OECD, 2005). The economic performance and management of marine fisheries in Australia is
regularly assessed by Commonwealth (Australian Bureau of Agricultural and Resource Economics and
State agencies (eg. Galeano et al., 2006; Gooday and Galeano, 2003).

Commonwealth Fisheries
Cost-benefit analysis is undertaken for the Bass Strait Central Zone Scallop and Southern Squid Jig
fisheries under Scallop and squid fishery (AFMA, 2005). The economic performance measures and
management options in the Torres Strait prawn fishery have been discussed by Hanna et al, (2006) and
northern prawn fishery (Chapman and Beare 2001).

42
Queensland
Financial performance and economic data on commercial fishing operations, fleets and sea food
processing are evaluated to provide framework for structural adjustment and resource sharing
arrangements. A survey of all 1940 licensed commercial fishers was done by DPI Queensland Fisheries
Group field officers in 1999, collecting information on expenditure, capital investment in fishing
operations, employment details, and current views of boat operators on fisheries issues. Licensing and
catch record data maintained by Queensland Fish Management authority (QFMA) were used as base
data for financial analysis of different fisheries. Due to complex nature of commercial fishing (License
packages with multiple endorsements) in Queensland subset analysis was undertaken by region, fishery
type, diversity of operations etc (DPI&F Queensland, 2006b).

5. When a change to the management of the fishery is made, is its social impact evaluated?
Score: 6
Score Range: 5-7

Yes, social impact is evaluated regularly and action undertaken after consultation with the affected
sector for many commercial fisheries.

6. Is funding for the research and the MCS programme obtained by cost recovery from the
industry?
Score: 6.5
Score Range: 6-8

Yes, cost recovery has been part of Australia’s Commonwealth fisheries management priorities since
the mid-eighties. Costs appear to have increased for the Commonwealth government in recent years
due to increased surveillance and enforcement costs within the Australian EEZ. The industry
contributed on an average 34 per cent of fisheries management costs between 1988-89 and 1992-93
(Cox, 2000). According to Cox (2002) Australia recovers 24% of public costs of fisheries research and
enforcement costs from the industry.

“The government established the current policy on fisheries management cost recovery in 1994, and
AFMA has implemented this policy through levies on the commercial industry. The total cost of
AFMA’s operations is split between industry and Government (currently 40% and 60% respectively).
The commercial fishing industry pays for costs directly attributed to fishing activity and the
Government pays for activities that benefit the broader community as well as the industry. In
accordance with Government cost recovery policy, industry pays 100% of recoverable management
costs. These include the running costs of management advisory committees, licensing, AFMA’s day-to-
day fisheries management activities, developing and maintaining management plans and logbooks.
Costs are recovered on a fishery by fishery basis with management advisory committees playing an
integral part in the preparation of annual budgets for each fishery. The resource base for the compliance
component of fisheries management is 50% Commonwealth funded and 50% recovered from industry
for the domestic fisheries. Foreign compliance funding is sourced 100% from the Commonwealth
government” AFMA (2003a).

Commonwealth Fisheries
“In line with FMP No.5, all attributable and recoverable management costs associated with the Norfolk
Island Offshore Demersal Finfish Fishery will be recovered from the commercial operators who are
granted access during the period of the Fishing Permits in line with the Commonwealth Cost Recovery
Policy. Costs that are to be recovered include those associated with observers, logbooks and
43
attributable management costs, including the evaluation of the exploratory fishing program to
determine whether an ongoing fishery exists” AFMA (2000).

In the Western Deepwater Trawl fisheries, costs are fully recovered for both North West Slope Trawl
Fishery (NWSTF) and the Western Deepwater Trawl Fishery (WDWTF) (AFMA, 2004). In the Torres
Strait Fishery managed by PZJA cost for managing the prawn fishery commenced in 1997 and was
phased in over 3 years at 40, 70 and 100 percent respectively (AFMA, 2003c). In the Eastern Tuna and
Billfish Fisheries Assessment Group currently recovers 25% of the total FAG costs from industry.
AFMA is currently working with the industry to recover at least 80% of the costs for stock assessments
from the industry (AFMA, 2003d).

Costs Contribution Contribution Other (%)

(Govt %) (Industry %)
Domestic Fisheries
Research Services 77 16 7
Management Services 53 41 6
Enforcement Services 76 20 4
International Fisheries
Research Services 77 16 7
Management Services 53 41 6
Enforcement Services 76 20 4
Source: ABARE; OECD (2003)

Victoria
“Estimates of the establishment and recurrent costs for the implementation of the GCFMP are listed
against the identified strategies. These costs will be met through budget allocations to Fisheries
Victoria and implementation of cost recovery policies established by the Government” (DPI Victoria,
2003a). “The Victorian Government and the FCC is reviewing policies on cost recovery for fisheries
management in Victoria. Subject to Government policy, it is likely that there will be progressive
introduction of cost recovery that is consistent with the NCP response. Fees will continue to be charged
to cover the administrative costs for licence transfer and variations. RLFAL holders will continue to
contribute to the cost of management, compliance and research through an annual levy when licenses
are renewed. The basis for the levy will be changed however, to be consistent with quota management”
(DPI Victoria, 2003b).

Tasmania
In the Scallop fishery, fisher’s have been contributing to an annual research levy to cover the cost of
conducting scientific surveys on known fishing beds which will in turn help to evaluate the ‘paddock
fishing’ concept for protection of scallops and habitat protection (DPIWE, 2004).

South Australia
Since 1995, the South Australian Government introduced a process to recover full attributed costs of
the management of commercial fisheries from licence holders. “The Government funds recreational,
community and environmental obligations associated with the management of fisheries, with Fishery
Management Committees playing a vital role in the cost recovery process. Commercial license holders
pay an annual licence fee that covers costs associated with research, management, compliance and
administration of the fishery (Nobes et al., 2004). “PIRSA Fisheries has initiated cost recovery
negotiations with commercial giant crab fishers and has provisioned funding for a preliminary stock

44
assessment report to be prepared by SARDI Aquatic Sciences during the 2002/03 financial year”
(Sloan, 2002).

“In 1995, the South Australian Government introduced a process to recover the full attributed costs of
the management of commercial fisheries from licence holders. The recovery of these attributed costs is
negotiated on an annual basis through the PFWG. Traditionally for commercial fisheries, these
negotiations are undertaken through the Fishery Management Committee (FMC). However, the
Pilchard Fishery is yet to establish an FMC and until such time as an FMC is established negotiations
for the full attributed costs of the annual management of the fishery will be undertaken through the
PFWG. The attributed costs of management for the commercial sector are recovered through licence
fees. The specific services for which costs are recovered are research, management, compliance,
licensing, legislation, directorate and the Fisheries Research and Development Corporation (FRDC)
levy (0.25% of the Gross Value of Production)” Shanks, (2005).

New South Wales

“NSW Fisheries recoups costs that are attributable to industry through a cost recovery policy. Cost
recovery is a common principle among Australian commercial fisheries and an important component of
ecologically sustainable development. NSW Fisheries is in the process of implementing cost recovery
in a progressive manner, so that all charges are not passed on to industry immediately. The FM Act
requires that in a share management fishery, the fees payable must be paid in proportion to the
shareholdings in the fishery” NSW Fisheries (2003a).

“In addition to licence, research, management and rental fees, boats authorised to operate in the
offshore prawn trawl fishery are subject to a ‘unit levy’. The annual unit levy is payable upon renewal
of the fishing boat licence. The unit levy is subject to the Consumer Price Index (CPI) and as at April
2004 the levy is $1.66 for each total unit (TU). Where the unit levy is not paid the boat licence is not
renewed. The unit levy covers part of the cost for management of the fishery including the unitisation
and consultation processes” (NSW Fisheries, 2004a).

Field 6: Monitoring, Control & Surveillance (MCS)

1. On a ten-point scale, how effective is the observer scheme?

Score: 7
Score Range: 6-8

Effective to a large extent.

DPI&F envisages undertaking alternative cost effective fishery independent sampling and monitoring
for target species in the GOC fisheries along with the existing assessments.

External Territories

WCPFC
In the Eastern tuna and billfish fishery fishing in the high seas and WCPFC jurisdiction started in July
2002, with most of the operations prior to that undertaken within the Australian EEZ. The catch
reporting requirements for operators include logbooks for both pelagic and minor line methods. The
operators are required to send them to AFMA 14 days after end of each month. AFMA observers also
collect data to verify logbook information, and also collect additional information like fish lengths, and
45
otolith samples for ageing studies which are not collected by operator s during routine fishing
operations. Presently the observer coverage is around 5.1% (WCPFC, 2005).

“AFMA has a sophisticated surveillance and enforcement regime for the ETBF which consists of
compulsory Vessel Monitoring Systems (VMS), catch monitoring, vessel and fish receiver inspections,
aerial surveillance, and compulsory observer coverage in many areas of the fishery” WCPFC (2005).

Coral Sea Fishery

“Permit holders in the sea cucumber and trawl sectors are required to have an integrated computerised
vessel monitoring system (ICVMS) installed and running on vessels. As of 1 July 2003, operators in
the demersal line and lobster and trochus sectors will also be required to have ICVMS. ICVMS
provides a mechanism to ensure compliance of operators only fishing in one jurisdiction per trip. It also
enables effective monitoring of area closures, and helps to avoid false declaration of catches. ICVMS
provides the sea cucumber sector with a means to validate logbook records of areas being fished by
operators. Since 2000 trawlers operating in the CSF have also had ICVMS installed. In the sea
cucumber sector, vessels are required to report to AFMA prior to leaving port and prior to landing their
catch. This provides AFMA with additional data and ensures that operators are accurately reporting
their catch” (AFMA, 2003a).

Logbooks and catch records are required by law to be completed by fishers and fish receivers and sent
to AFMA for monitoring, compliance and research in the Southern Bluefin Tuna Fishery (AFMA
(2002a). In the Southern & Western Tuna and Billfish Fishery (SWTBF) operators are required to
complete a catch and effort logbook which allows management and scientists to assess catch rates,
discards, and total landings from the fishery. Logbooks were used by Japanese vessels during 1979-
1997, which have been improved into an electronic logbook system where catch and effort data are
linked to vessel monitoring system. The compiled information is maintained in AFMA’s Australian
Fishing Zone Information System (AFZIS). This is coupled with observers on vessels and port
sampling which started in the year 2000 for three ports. All vessels are required to carry an operational
Integrated Computerized Vessel Monitoring System to allow communication between AFMA and
vessels and to detect any breaches in operations. More details regarding these aspects can be found at
AFMA (2003e).

State Territories

Queensland
Compliance with fisheries regulations is achieved through Vessel Monitoring System (VMS) in the
trawl fishery and quota monitoring in the reef line fishery. The Queensland Boating and Fisheries
Patrol have regional centres for analysis of vessel activity. DPI&F uses and analyses VMS data daily to
track activity of commercial fishing vessels and to monitor quota (“days-at-sea”). In the event of VMS
malfunction the person in charge of boat is required to notify boats position manually by phone or fax.
Most of the QBFP vessels have VMS equipment while operating the sea and are capable of retrieving
data on vessel locations. This further enhances the capability of QBPF vessels ability to determine the
locations of vessels at sea, and target and meet them for inspections (DPI&F, Queensland 2006a). In
the beche-de-mer fishery monitoring of catch and effort data is done through DPI&F compulsory
logbook program, observer program and an annual stock survey as part of the permit. The GOCLF has
a long term monitoring (LTMP) undertaken by QPI&F for monitoring Spanish mackerel (QPI&F,
2006f). In GOCIFF spatial monitoring of all offences and field activities are done for fishing activities
within a six nautical mile grid for enforcement purposes (DPI&F, 2006g). In ESMF location of
offences and field activities are recorded to six by six nautical mile Commercial fisheries Information
46
system (CFISH) grids, which includes development of new system to record breach reports, and
Fisheries Infringement Notices (FINS) (DPI&F, 2006h). The East Coast Beche-de-mer Fishery is
monitored through catch and effort data collected through DPI&F Compulsory logbook program
(DPI&F, 2006i). The Queensland mud crab fishery is monitored through data from the daily logbook
database maintained by DPI&F (DPI&F, 2006k).

Northern Territory
In majority of Northern Territory Fisheries compliance is monitored by Police, Marine and Fisheries
Enforcement Section (PMFES) of the NT Police and Fire and Emergency Services. PMFES effectively
monitors and enforces fishery management arrangements through inspection of vessel arrivals and
departures through port of Darwin. It also possesses the power if necessary to investigate the records of
wholesalers and licenses. The Timor Reef fishery is monitored through daily logbooks, and spatial
distribution data of the fishery. In addition logbook data is monitored using onboard observer data
collected from Timor reef fishery. “The Marine and Fisheries Enforcement Section (MFES) effectively
monitor and enforce management arrangements for the Shark Fishery through inspection of vessel
arrivals and departures through the single port of Darwin. This includes verification of catch returns
against processor returns (i.e. requirement for all operators to specify where they are selling their
product). The MFES has the power, if necessary, to investigate the records of wholesalers and
licensees” (DPIFM, 2005).

Western Australia
In the west coast rock lobster fishery performance is monitored through compulsory catch and effort
records from fishers and processors and a voluntary logbook scheme (Penn et al, 2005).

Victoria
In the giant crab fishery, fishers are required to provide daily catch information in the form of catch
disposal record through Integrated Voice Recognition (IVR) telephone system. Details collected
include weight and number of crab landed, port of landing, time of landing to assist in research,
compliance and management of the fishery (DPI Victoria, 2003). In the Scallop fishery assessment is
based on on-board observations, wharf inspections, scientific surveys and inspection of processors (DPI
Victoria, 2006a).

South Australia
A framework for adequate monitoring and compliance of commercial fishery resources “Code of
Practice” exists through annual risk assessments, regular compliance checks based on number of
prosecutions each year, and errors in catch and disposal record etc. These are in turn coupled with
trigger points to devise an effective management response like quota cuts and restrictions through input
and output controls.

Compliance is monitored through periodic on-board monitoring of surveys by observers, random

inspections of trawl gear, random inspection of boats on landing or at sea on suspicion, and by
reporting to Fishwatch 1800 on any breaches in compliance. “The annual compliance activities in the
Spencer Gulf and West Coast prawn fisheries involve monitoring the landing of catches from surveys,
checking on by-catch, maximum trawl headline length and the landed prawn catch” (PIRSA, 1998).

“PIRSA Fisheries Compliance ensures compliance with the management requirements of the Marine
Scalefish Fishery by undertaking random checks at points of landing, during transit to the processors,
and at processing premises” Noell et al, (2006).

47
“PIRSA Fisheries Compliance monitors the catch and transfer of quota in the fishery through the Catch
Disposal Record (CDR) form that enables all landings of pilchards to be monitored. These forms are
used to verify the volumes of pilchards landed, with licence holders required to complete and forward
the CDR form to PIRSA Fisheries Compliance” (Shanks, 2006).

New South Wales

“Any fishing equipment used to commit an offence is seized and held as evidence. If the gear is of legal
dimensions the fisher can make application to NSW Fisheries for the return of the gear. Provided the
fisher has no prior convictions and there are no extenuating circumstances, e.g. obstruction charges, the
return of the gear is usually approved. An undertaking to produce the gear in court if necessary must be
signed by the fisher before it is returned. Fishing gear forfeited to the crown by the court is disposed of
by being destroyed or auctioned. Catch seized is disposed of by selling through a market if practical,
donation to a charity, hospital or similar establishment or destroyed if not suitable for human
consumption. Officers have in the past, at the request of fishers, checked trawl nets at private
residences and on-board vessels when not working to assist fishers in maintaining gear at legal
dimensions” NSW Fisheries, (2003c).

“Observer surveys will be done periodically to collect information on what is being caught. On
randomly chosen days during the trawl season observers with go on randomly chosen trawlers and,
count, measure and weigh individuals of each species caught during each trawl shot that day. The level
of sampling will provide estimates of mean abundances with levels of precision of around 30%” (NSW
Fisheries, 2003c). Detailed information on monitoring programs in Gulf of Carpentaria is available in
Hart (2002).

“Endorsement holders are required to complete a rock lobster logsheet every day they fish for rock
lobster, and a monthly reconciliation form that summarizes the catch for the month. Non-fishing days
are indicated on the monthly reconciliation. The logsheet is used as a compliance tool, but also
provides essential catch and effort information that is used for stock assessment purposes. Information
that must be recorded on the logsheet includes area fished, quantity landed, the number of berried (with
egg) lobsters, the number of pots or “lifts” required to land the catch” (NSW Fisheries, 2006).

2. On a ten-point scale, how effective is the catch inspection scheme?

Score: 7.5
Score Range: 5-9

Very effective in the federal fisheries.

Queensland
Since 2000, DPI&F Queensland is required to provide assessment reports about the sustainability of
Queensland’s fisheries to Australian Government Department of Environment and Heritage (DEH)
under the Environmental Protection and Biodiversity Conservation Act 1999. Annual reporting on
catch statistics for each fishery facilitates changes in management arrangements so that further research
and monitoring is undertaken. The reports also provide descriptions of impacts of fishery on by-catch
and how ecosystem is being managed holistically (DPI& F Queensland, 2006c).

Northern Territory
In the Spanish Mackerel Fishery monitoring is done through logbook system (Catch and effort
information). Further research staff of Fisheries Group and fisher’s monitors catches on board
commercial vessels obtaining information on length, sex and maturity.
48
Western Australia
“Estimating catches from research catch per unit effort data indicated that catches of secondary
elasmobranch species may have been underreported in commercial fishing returns” (McAuley and
Simpfendorfer, 2003).

New South Wales

“The information collected on commercial landings assists in the ongoing monitoring and assessment
of the status of shellfish and finfish stocks. The landings and effort information collected from
commercial fishers has other critical roles in fisheries management including helping understand
patterns of fishing activities and the mix of species from targeted and general fishing operations. The
entry of information on landings and effort onto the database is subject to stringent quality control
procedures including a three month timeframe for data entry following receipt of a fisher’s catch return
by NSW Fisheries. A policy is being developed to manage the timely receipt and entry of commercial
catch return data onto the commercial catch records database” (NSW Fisheries, 2003c).

3. On a ten-point scale, how effective is the vessel monitoring scheme?

Score: 7
Score Range: 5-8

Effective to a large extent.

CCAMLR
“SARAG noted the continued success in reducing illegal, unregulated and unreported (IUU) toothfish
removals which had also reduced the estimates of seabirds killed in IUU operations. As was the case in
previous seasons, no seabirds were killed during the 2004/05 season by the Australian longliner ‘Avro
Chieftain’ operating in the HIMI Fishery and New and Exploratory fisheries” (SARAG, 2005).

Queensland
The GOCDFTF is monitored through catch and effort data collected through DPI&F and compulsory
daily logbook program. Further, the fishery is also monitored through use of onboard observers as part
of the permit conditions. Areas monitored include adherence to boundaries through VMS data collected
from each vessel. In the GOCLF spatial monitoring of compliance is undertaken on all offences and
field activities are recorded within 6 nm commercial fishing grid (DPI&F, 2006f). Vessels in ECTF are
monitored via VMS to monitor Fishing effort (days fished), and through catch data recorded in
logbooks and stored in CFISH database as part of the Effort Management System (EMS) (Bibby and
Kerrigan, 2003).

4. Are vessels fishing illegally in Australian fisheries?

Score: 2.5
Score Range: 2-6

Yes, there some areas of concern due to reports of increasing illegal fishing activities by foreign vessels
along certain sections of the Australian coastline.

“The problems of illegal fishing from foreign fishing vessels has become quite severe in the northern
AFZ west and east of Darwin, Arrests from 2004 and 2005 have spiked considerably. Government
estimates suggest 1 FFV (foreign fishing vessel) per day is being arrested. It is particularly a problem
of grave concern for the NT, WA and QLD territories” (R. Baird, pers. comm.).
49
Queensland
Foreign fishing vessels primarily targeting sharks, pelagic fishes and red snappers are known to
encroach into Gulf of Carpentaria waters. However, increasing efforts to prevent illegal fishing through
increased patrolling and apprehension of foreign boats have reduced illegal fishing.

“Australia’s remote sub-Antarctic territories of Heard and the McDonald Islands lie in the southern
Indian Ocean about 4,000 km south-west of Perth. Since 1997, six vessels have been apprehended by
Australian authorities for illegal fishing in the Australian Fishing Zone around Heard Island and the
McDonald Islands in the sub-Antarctic. Illegal fishing also occurs in Australia’s northern waters, and
is largely undertaken by traditional or small-scale Indonesian vessels” (AFFA Website, 2006).

MRAG (2005) report states that 26% of abalone caught in Australia is caught illegally. “Illegal activity
in Australia (and similarly in other countries) includes poaching by unlicensed operators, breaches of
quota limits/bag limits by licensed operators or recreational fishers, harvesting undersized abalone,
illegally processing abalone (whether for domestic sale or export), exporting abalone without export
permits, substituting illegal produced for legal product and misreporting goods (DAFF, 2005 ; MRAG,
2005). Other fisheries where IUU fishing is reported include sharkfin, reef fish, abalone, trochus
poaching by Indonesian vessels in Australian waters, and illegal poaching of Patagonian toothfish by
Uruguay flagged vessels.

New South Wales

Abalone and rock lobster have been illegally traded in New South Wales for a long time. Some
measures have been initiated in the past decade which has however met with limited success. Palmer,
(2004) states that poor attitudes towards need for resource protection, unwillingness to report illegal
activities and inadequate enforcement capacity have led to a persistent illegal trade of abalone and
oysters in inshore waters. Further, he states that with the current knowledge, illegal harvest of abalone
cannot be accurately predicted in NSW, with conservative estimates suggesting theft of around 20 –
60% of Total Allowable Catch. This situation is further aggravated as abalone poachers do not follow
size limit regulations damaging the resource itself on the long run.

Northern Territory
In the NT Shark Fishery there are reports that unreported domestic catches coupled with unaccounted
removal of around 1500 tonnes sharks per year has affected the northern Australian stock component
due to foreign fishing in Arafura Sea. Foreign fishing vessels have been excluded from Gulf of
Carpentaria since 1979 (DPIFM, 2005).

South Australia
The greenlip and blacklip abalone in South Australian Abalone fishery is targeted both by commercial
and recreational fishers. Significant numbers of abalone are taken for use as broodstock in the growing
aquaculture industry. Significant illegal fishing is reported in this fishery. “Abalone is primarily taken
by the recreational sector for consumptive use. Public access to the recreational fishery is not seasonal
and therefore access is unrestricted, with no licence requirement. It is difficult to quantify the amount
of abalone illegally harvested. However, intelligence from state fisheries and law enforcement agencies
across Australia suggests that the problem is significant” (Nobes et al, 2004).

However, the government has initiated certain proactive measures aimed at reducing illegal possession
and trade of abalone. It is an offence to take or attempt to take an abalone without being in possession

50
of an approved measuring device. Further, it is also an offence if divers fail to attach the undersized
abalone back on the reef (Palmer, 2004).

5. On a ten-point scale, how effective is control of access in stopping illegal fishing?

Score: 7.5
Score Range: 5-9

Effective to a large extent in the high seas. However, several gaps need to be addressed in the domestic
fisheries. The number of vessels apprehended for illegally fishing within Australian Fishing Vessels
has increased 138 in 2003 to 161 apprehensions in 2004. Recent figures show 281 apprehensions in
2005 and 263 apprehensions in 2006 (Media Release dated Jan04, 2007 by the Minister for Fisheries).

The Government of Australia’s National Compliance strategy 2005-2010 outlines the priorities of
Australian Fisheries Agencies which aim to promote voluntary compliance and create deterrence to
illegal fishing both in territorial and EEZ waters. Australian legislation has provisions for large
penalties for illegal fishing vessels with drastic actions like forfeiture of foreign vessels found engaging
in such activities within its EEZ. Australian flagged vessels can be fined upto AUD $ 55,000 if they are
caught fishing illegally within national waters, while foreign fishing vessels caught illegally fishing
within Australian EEZ can be penalized upto AUD 825,000 under FMA. Australia has allocated $ US
163 million over five years for a full time boat patrol through the Oceanic Viking, which patrols even
the external territories like Heard and McDonald islands of Australian jurisdiction. Australian
nationals are required to comply with Regional fishery Management Organizations (RFMO) guidelines
where Australia is a member. The Fisheries Management Act of 19914 also allows Australia’s Attorney
General to authorize a foreign country to take a specified action against Australian flagged vessel if it
contravenes RFMO Conservation or management measures on the high seas. Further, it is an offence
for an Australian flagged to fish in high seas without authorization.

Australian legislation has provisions with hefty penalties for illegal fishing in Australia’s EEZ,
including the immediate forfeiture of foreign vessels found engaging in such activities. Australian
fishing vessels operating within EEZ are monitored through Vessel Monitoring Systems, Prior-to-
landing reports, Catch disposal Records, and Fish Receiver Records. AFMA has undertaken increased
monitoring, control and surveillance in areas prone to frequent incursions by foreign vessels leading to
decline in IUU activities. More information on National Compliance Strategy (2005-2010) is available
at AFMA website.

Commonwealth Fisheries
“Fishing will not be allowed on the high seas (outside 200 nm) adjacent to the AFZ around Norfolk
Island, unless an AFMA observer is on board to verify the catch taken in the fishery and on the high
seas” (AFMA, 2000).

In the southern bluefin tuna fishery Australia through the Commission for Conservation of Southern
Bluefin Tuna has implemented Trade Information Scheme (TIS) since June 2000 to collect more
information on SBT fishing through trade monitoring. This will help in deterring IUU fishing by
denying access to markets for illegally caught SBT. “The core of the TIS is the provision for all
members and cooperating non-members of the CCSBT to maintain requirements for all imports of SBT
to be accompanied by a completed CCSBT Statistical Document. The Document must be endorsed by
an authorised competent authority in the exporting country and includes extensive details of the

4
Fisheries Management Act, 1991 (www.afma.gov.au)

51
shipment such as name of fishing vessel, gear type, area of catch, dates, etc. Shipments not
accompanied by this form must be denied entry by the member country. Completed forms are lodged
with the CCSBT Secretariat and are used to maintain a database for monitoring catches and trade”
(CCSBT, 2006). Further, 10 % of the current SBT fishing activity is monitored through observer
coverage in the CCSBT convention area.

In CCAMLR convention area a Centralised Vessel Monitoring System (C-VMS) has been in operation
since May 2005. During 2005 Australian flagged vessels submitted data on C-VMS to CCAMLR.
Vessels from Australia, Korea, Chile, New Zealand and Ukraine also voluntarily reported VMS data on
fishing activities outside the convention area. Australian vessels also issued electronic catch, export and
re-export documents to the commission for the electronic web-based (E-CDS) Catch Documentation
Scheme (CCAMLR, 2005).

Victoria
The Victorian government allocated $1.05 million over a four year period to operate an illegal fishing
reporting line. The 24 hours reporting system (13FISH) was started in 2003 which led to conviction of
people involved in illegal netting and catching commercial quantities of abalone. Fisheries officers
perform spot checks all over Victoria. Fines can range up to $ 120,000 and / or penalties of up to 10
years, and confiscation of equipment. “In the first 16 months of operation, 1740 calls were made, and
as a direct result of the information received, over 150 Penalty Infringement Notices have been issued.
At least 30 prosecutions have been successfully achieved, some including the seizure of boats and
equipment – and a number of significant investigations undertaken” (DPI Victoria, 2006b).

Tasmania
According to DPIWE, (2004) there might be significant illegal fishing from unlicensed sector in the
abalone fishing industry due to its high price in international markets.

Western Australia
The Western Australia has one of the most stringent maritime laws to prevent illegal fishing wherein
the master of a vessel or the permit holder is held accountable for any fisheries offences committed on
his vessel (Palmer, 2004).

6. Are vessels that really derive from this jurisdiction re-flagged in states of convenience,
generally to avoid reporting or other fishery regulations?
Score: 0
Score Range: 0-0

There are no reports of Australian vessels being re-flagged to engage in illegal fishing in high seas or
within any regional fishery management jurisdictions.

“CCAMLR requires that all vessels be flagged to the Member State notifying the proposal. Australia
requires that applications nominate an Australian boat as defined under Section 4.1 of the Fisheries
Management Act 1991 and provide evidence that the proponent would have control and be solely
responsible for the fishing operations to be undertaken by: demonstrating a substantial connection to
Australia, including; a nominated Australian national, both resident in Australia and with direct
responsibility for the operations of the proponent; an Australian company with Australian resident
assets sufficient to meet the maximum liability likely to arise from any single offence under the
Fisheries Management Act 1991 (as the Fisheries Management Act 1991 only applies to Australian
flagged vessels and Australian nationals, AFMA would need to be advised as to whom the joint venture
52
partners are); both a willingness to undertake research proposals, and the extent to which the proponent
is available to carry out such research; and a vessel flagged to Australia as a result of its demise charter
status will also be required to apply for a declaration from AFMA for ‘Australian boat’ status”(AFMA,
2006b).

No vessels from Australia are thought to be re-flagged or engaged in IUU fishing in the Indian Ocean
Tuna Commission area (IOTC, 2005b). Moreover, no vessels from Australia are reported as being re-
flagged to engage in IUU fishing according to Gianni and Simpson (2005).

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Abbreviations
AFFA Agriculture, Fisheries and Forestry Australia
AFMA Australian Fisheries Management Agency
BRD By-catch Reduction Devices
BRS Bureau of Rural Sciences
CCAMLR Commission for Conservation of Antarctic Marine Living
Resources
CCSBT Commission for Conservation of Southern Bluefin Tuna
CDR Catch Disposal Record
CPUE Catch Per Unit Effort
CSIRO Commonwealth Scientific and Industrial Research Organisation
DPI&F Department of Primary Industries & Fisheries
DPIFM Department of Primary Industries, Fisheries & Mines
ECSMF East Coast Spanish Mackerel Fishery
ECBDMF East Coast Beche-de-mer Fishery
ECTRLF Queensland East Coast Tropical Rock Lobster Fishery
ECTF Queensland East Coast Trawl Fishery
ETBF East coast Tuna and Billfish Fisheries
EPBC Act Environment Protection and Biodiversity Conservation Act 1999
ESD Ecologically Sustainable Development
FINS Fisheries Infringement Notices
FMA Fisheries Management Act, 1991
FTF Queensland Finfish (Stout Whiting) Trawl Fishery
GBRMP Great Barrier Reef Marine Park

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GBRWHA Great Barrier Reef World Heritage Area
GOCDFTT Gulf of Carpentaria Developmental Finfish Trawl Fishery
GOCLF Gulf of Carpentaria Line Fishery
GOCIFF Gulf of Carpentaria Inshore Finfish Fishery
ICVMS Integrated Computerised Vessel Monitoring System
IMCRA Interim Marine and Coastal Regionalisation for Australia
IOTC Indian Ocean Tuna Commission
IPA Intertidal Protected Areas
ITQ Individual Transferable Quotas
LTMP Long Term Monitoring Program
LML Legal Minimum Lengths
MAC Management Advisory Committees
MAFRI Marine and Freshwater Resources Institute
MLL Minimum Legal Length
NWSTF North West Slope Trawl Fishery
PIRSA Primary Industries and Resources South Australia
PMFES Police, Marine and Fisheries Enforcement Section
PZJA Torres Strait Protected Zone Joint Authority
QMS Quota Management System
SAFAG Sub-Antarctic Fisheries Assessment Group
SARDI South Australian Research and Development Institute
SOCI Species of Conservation Interest
SPF Commonwealth Small Pelagics Fishery
SESSF Southern and Eastern Scalefish and Shark Fishery
SFR Statutory Fishing Rights
SWTBF Southern and Western Tuna Billfish Fisheries
TAC Total Allowable Catch
TACC Total Allowable Commercial Catch
TCL Trigger Catch Levels
TED Turtle Excluder Devices
TIS Trade Information Scheme
WCPFC Western Central Pacific Fishery Commission
WDWTF Western Deepwater Trawl Fishery
WESTMAC Western Trawl Fishery Management Advisory Committee

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