Application to the Department of the Environment, Water, Heritage and the Arts On

APPLICATION TO THE DEPARTMENT OF SUSTAINABILITY, ENVIRONMENT, WATER, POPULATION AND COMMUNITIES

ON THE

MARINE AQUARIUM FISH MANAGED FISHERY

Against the Guidelines for the Ecologically Sustainable Management of Fisheries

JULY 2011

DEPARTMENT OF FISHERIES, WESTERN AUSTRALIA

168-170 ST GEORGES TERRACE

PERTH, WESTERN AUSTRALIA, 6000

TABLE OF CONTENTS

1. BACKGROUND
2. SUMMARY OF KEY CHANGES IN THE FISHERY SINCE 2008
3. UPDATE AGAINST THE CONDITIONS AND RECOMMENDATIONS SINCE THE LAST ANNUAL REPORT (OCT 2010)
4. CONCLUSION
5. APPENDIX 1: PREVOUS ANNUAL REPORTS
6. APPENDIX 2: INVERTEBRATE EXEMPTION
7. APPENDIX 3: DAILY LOGSHEET

1. BACKGROUND

The purpose of this report is to update the Department of Sustainability, Environment, Water, Population and Communities (SEWPaC) on changes in the Marine Aquarium Fish Managed Fishery to enable the re-assessment of the fishery against the Guidelines for Ecologically Sustainable Management of Fisheries.

Previous Assessment

In June 2008, the WA Department of Fisheries (the Department) submitted an application to SEWPaC (then the Department of the Environment, Water, Heritage and the Arts) for assessment of the fishery against the Guidelines of Ecologically Sustainable Management of Fisheries, seeking continued listing of the species taken in the fishery on Section 303DB list of exempt species under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act).

On 30 October 2008, Claire Howlett, as Delegate of the Minister for the Environment, Heritage and the Arts, declared the operations for the managed harvesting of species, other than specimens of species listed under Part 13 of the EPBC Act, taken in the Marine Aquarium Fish Managed Fishery to be an approved Wildlife Trade Operation (WTO). The WTO was approved for three years until 24 October 2011 and subject to 4 conditions and 7 recommendations. The harvesting of species in the family Syngnathidae taken from WA waters was also approved for the purposes of Part 13 and subject to one condition.

A copy of the Department’s application and SEWPaC’s assessment are available on the SEWPaC website at:

Further information on the Marine Aquarium Fish Managed Fishery can be obtained from the Department’s State of the Fisheries reports. State of the Fisheries reports published since the current WTO was declared (2008-09 and 2009-10) can be downloaded from

Re-Assessment Process

To enable the re-assessment of the Fishery, this document consists of:

1. a summary of the changes in the Fishery since the last assessment in 2008;
2. an update report against each of the WTO conditions and recommendations;
3. a copy of the Fishery’s last two annual reports (Appendix 1);
4. a copy of the current invertebrate exemption no. 444 approved on 4 February 2010 (Appendix 2); and,
5. a copy of the daily logsheet (Appendix 3).

1. SUMMARY OF KEY CHANGES IN THE FISHERY SINCE 2008

• Since December 2008, the take of land hermit crabs has been regulated by specific management arrangements in the form of a statewide prohibition on the take of land hermit crabs for commercial purposes. Five holders of commercial fishing licences are exempt from the prohibition subject to conditions that include prior notification of a fishing trip and written records of catch locations (including latitude and longitude coordinates), dates and numbers caught. (Note that the take of land hermit crabs was included in the original assessment in 2005 when the take of hermit crabs was “authorised” by way of a permissive licence condition. The current management arrangements provide for a more legitimate and robust regulatory framework to maintain status quo and continues to be reported on in the State of Fisheries report as part of the marine aquarium fishery.)
• 1st January 2009 daily logbooks for all species and a written notification of fishing for coral and live rock requirement was introduced.
• In October 2009 several legislative amendments to a Section 43 order that regulates the take of coral and live rock were completed. The changes included an increase in the daily landing limit for coral, an increase in the annual amount of live rock taken for all licensees, introduction of a small daily bag limit for the coral species Catalaphyllia jardinei within the greater Dampier Archipelago region and introduction of a phone in nomination of fishing requirement.
• In February 2010, the exemption allowing the take of a variety of invertebrates by all licenses, subject to conditions, was amended. The new exemption has annual limits on all categories and some categories in the previous exemption removed. A copy of the exemption is provided in Appendix 2.

1. UPDATE AGAINST THE CONDITIONS AND RECOMMENDATIONS SINCE THE LAST ANNUAL REPORT (OCT 2010)

Two annual reports were submitted to SEWPaC in October 2009 and October 2010 (Appendix 1) to provide an update against the conditions and recommendations since the last assessment. Below is the third of these annual reports.

CONDITIONS (Part 13A)

Condition 1:

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

Current Status:Ongoing

Condition 2:

DFWA to advise SEWPaC of any intended change to the WA Marine Aquarium Fish Managed Fishery management arrangements that could affect the assessment of the fishery against the criteria on which EPBC Act decisions are based.

Current Status:Ongoing

Condition 3:

DFWA to produce and present reports to SEWPaC annually as per Appendix B to the ‘Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition’.

Current Status:Completed.

Reports were submitted in October 2009 and 2010. This is the third annual report for this WTO period.

Condition 4:

DFWA to consult with SEWPaC prior to a change to the management arrangements for species listed under CITES or FPBC Act listed species, being implemented.

Current Status:Ongoing

No changes to the management arrangements for species listed under CITES or EPBC Act listed species have occurred.

For your information, the Minister for Fisheries has recently declared that weedy sea dragons will be protected under new regulations that will prohibit the recreational harvesting of these syngnathids. An exemption will allow licensed commercial collectors in the marine aquarium fish managed fishery to continue to take a small number of weedy sea dragons.

CONDITION (Part 13)

Condition 1:

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

Current status: Ongoing

RECOMMENDATIONS

Recommendation 1:

By July 2009, DFWA to identify and review risk levels for target species, bycatch (including protected species) and impacts on the environment for the WA Marine Aquarium Fish Managed Fishery. DFWA to implement appropriate measures to ensure identified risks are addressed and minimised.

Current Status:Completed

A report of the outcomes of the Environmental Risk Assessment Workshop was forwarded to SEWPaC in November 2009.

Recommendation 2:

DFWA to continue to pursue and take account of research to support management of the fishery, with specific reference to Hippocampus species.

Current Status:Ongoing

Of note is the fact that harvest level of all syngnathids for the past two years is very low.

Recommendation 3:

All mortality of target species to be recorded in daily logbooks and, accounted for in any analysis of stock sustainability, potential localised and serial depletion.

Current Status:Ongoing

Daily logbooks contain a section to record all mortalities. Due to the nature of the fishery, mortality is extremely low. Specimens are collected for the live market and need to arrive at their destination in good condition handling and storing techniques ensure minimal mortality. No mortalities have been recorded in the daily logbooks as at July 2011.

Recommendation 4:

DFWA to:

• Ensure catch and effort data collected in daily logbooks is at an appropriate spatial scale that allows DFWA to identify species and areas at potential risk from localised and serial depletion; and
• Implement appropriate management measures to mitigate identified risks.

Current Status:Pending

DFWA will be introducing a requirement for latitude and longitude co-ordinates for catch locations of all components of the fishery to be provided. This information will allow DFWA to assess for collection impacts and monitor potential localised depletions.

Recommendation 5:

Within 12 months, DFWA to implement the daily logbook program within the fishery.

Current Status:Completed

Daily logbooks were introduced on 1st January 2009.

Recommendation 6:

DFWA to investigate and implement appropriate compliance measures to ensure the accuracy of logbook data.

Current Status:Completed

Fisheries and Marine Officers check the accuracy of logbook data within limited resources constraints.

Recommendation 7:

DFWA continue to pursue amendments to the WA Marine Aquarium Fish Management Plan, with the aim to contain the various subordinate legislative instruments into one document.

Current Status:Ongoing

The availability of legal drafting officers will dictate when this recommendation can be met.

1. CONCLUSION

The Department believes that this report should provide adequate information to allow SEWPaC to re-assess the fishery against the Guidelines for the Ecologically Sustainable Management of Fisheries under Part 13 and Part 13A of the EPBC Act. However, should any clarification or further information be required, please contact Clinton Syers on (08) 9482 7265 or email .

1. APPENDIX 1: PREVOUS ANNUAL REPORTS

2010 ANNUAL REPORT MARINE AQUARIUM FISH WTO (Expires 24 October 2011)

2009 ANNUAL REPORT MARINE AQUARIUM FISH WTO (Expires 24 October 2011)

1. APPENDIX 2: INVERTEBRATE EXEMPTION