Assessment of the
New South Wales Ocean Trap and Line Fishery
November 2010
© Commonwealth of Australia 2010
This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from the Commonwealth, available from the Department of Sustainability, Environment, Water, Population and Communities. Requests and inquiries concerning reproduction and rights should be addressed to:
Assistant Secretary
Marine Biodiversity Policy Branch
Department of Sustainability, Environment, Water, Population and Communities
GPO Box 787
Canberra ACT 2601
Disclaimer
This document is an assessment carried out by the Department of Sustainability, Environment, Water, Population and Communities of a commercial fishery against the Australian Government Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition. It forms part of the advice provided to the Minister for Sustainability, Environment, Water, Population and Communities on the fishery in relation to decisions under Parts 13 and 13A of the Environment Protection and Biodiversity Conservation Act 1999. The views expressed do not necessarily reflect those of the Minister for Sustainability, Environment, Water, Population and Communities or the Australian Government.
While reasonable efforts have been made to ensure that the contents of this report are factually correct, the Australian Government does not accept responsibility for the accuracy or completeness of the contents, and shall not be liable for any loss or damage that may be occasioned directly or indirectly through the use of, or reliance on, the contents of this report. You should not rely solely on the information presented in the report when making a commercial or other decision.
Contents
Table 1 Summary of the New South Wales Ocean Trap and Line Fishery……………………………………………………………………… 4
Table 1 contains a brief overview of the operation of the fishery including: the gear used, species targeted, byproduct species, bycatch species, annual catch, management regime and ecosystem impacts.
Table 2 Progress with implementing the conditions and recommendations from the 2006 assessment of the New South Wales Ocean Trap and Line Fishery ………………………………………………………...... 8
Table 2 contains an update on the progress that has been made by the fishery’s management agency in implementing the conditions and recommendations that formed part of the fishery’s previous approved Wildlife Trade Operation declaration.
Table 3 The Department of Sustainability, Environment, Water, Population and Communities’ assessment of the New South Wales Ocean Trap and Line Fishery against the requirements of the Environment Protection and Biodiversity Conservation Act 1999 related to decisions made under Part 13 and Part 13A...... 17
Table 3 contains the department’s assessment of the New South Wales Ocean Trap and Line Fishery’s management arrangements against all the relevant parts of the Environment Protection and Biodiversity Conservation Act 1999 that the minister must consider before making a decision.
The New South Wales Ocean Trap and Line Fishery’s Performance against
the Guidelines………………………………………………...……………....…….. 30
This section contains the department’s assessment of the New South Wales Ocean Trap and Line Fishery’s performance against the Australian Government’s Guidelines for the Ecologically Sustainable Management of Fisheries - 2nd Edition and outlines the reasons the department recommends that the fishery be declared an approved Wildlife Trade Operation.
Table 4 Issues, Conditions and Recommendations.…………………………….. 32
Table 4 contains a description of the issues identified by the department with the current management regime for the New South Wales Ocean Trap and Line Fishery and outlines the proposed conditions and recommendations that would form part of the minister’s decision to declare the fishery an approved Wildlife Trade Operation.
References…………………………………………………………..……………… 53
Acronyms…………………………………………………………………………... 53
Table 1: Summary of the New South Wales Ocean Trap and Line Fishery.
spannercrab, fish trap, and ocean line.
Publicly available information relevant to the fishery / · NSW Fisheries Management Act 1994
· NSW Fisheries Management (General) Regulation 2002
· NSW Fisheries Management (Supporting Plan) Regulation 2006
· NSW Fisheries Management (Ocean Trap and Line Share Management Plan) Regulation 2006
· Fishery Management Strategy for the NSW Ocean Trap and Line Fishery 2006
· The National Recreational and Indigenous Fishing Survey (2003), NSW Fisheries Final Report Series No. 40, pp.188
· Submission to the Department of the Environment, Water, Heritage, and the Arts on behalf the NSW fishing industry seeking ongoing export approval for the NSW Ocean Trap and Line Fishery – March2009
· Administrative Appeals Tribunal Decision and Reasons for Decision [2007] AATA 1876
Area / The Ocean Trap and Line Fishery operates in NSW and adjacent Commonwealth waters out to the 4000 metre isobath (approximately 60to 80 nm offshore). Under an Offshore Constitutional Settlement between the Australian Government and the NSW government, the fishery is managed by Industry and Investment NSW under NSW legislation.
Target Species / Australian Bonito
Banded (Bar) rock cod
Blue-eye trevalla
Grey (rubberlip) morwong
Gummy shark
Leatherjacket
Silver trevally
Snapper
Spanner crab
Yellowfin bream
Yellowtail kingfish
Shark species: ‘Schedule 1’ shark species, including: all species of whaler sharks, blue shark, hammerhead sharks, and tiger shark.
Byproduct Species / - Bass groper
- Eastern blackspot
- Gemfish
- Hapuku
- Jackass morwong
- Mahi mahi (dolphinfish)
- Short fin and long fin mako
(may be retained only if brought up dead) / - Mulloway
- Pearl perch
- Shark (mixed species)
- Spanish mackerel
- Spotted mackerel
- Silver sweep
- Teraglin
- Wobbegong sharks
Fishery status / In 2006-07, the stock status of a number of NSW species taken in the Ocean Trap and Line Fishery was assessed (Scandol et al 2008 and Industry and Investment NSW submission):
· grey (rubberlip) morwong - overfished
· mulloway - overfished
· silver trevally - growth overfished
· snapper - growth overfished
· yellowtail kingfish - growth overfished
Industry and Investment NSW is developing integrated recovery programs for these species.
In addition, issues regarding the sustainability of the take of large shark species have been raised and these are addressed in this assessment.
There are no significant concerns over the reminder of target or secondary species in the Ocean Trap and Line Fishery.
Gear / · Fish trap (bottom/demersal)
· Spanner crab net
· Line methods (set lines/trotlines, driftline, handline, dropline, trolling, jigging and poling)
· Gear restrictions include:
- the requirement to use fish trap escape panels;
- a maximum number of 30 fish traps allowed per fishing business;
- limiting hook numbers on set lines to 1200 per fishing business;
- surface area of spanner crab net not to exceed 1.6squaremetres(m2);
- wire trace line prohibited within three nautical miles of the natural coastline; and
- circle hooks required on all set lines, with the use of non-offset hooks in waters less than 92 metres deep.
Season / The fishery in general operates all year, apart from seasonal closures for spanner crab. Seasonal spanner crab closures prohibit the taking of females (21October to 20 January each year) and males (21 November to 20December each year).
Commercial harvest / Approximately 1,914 tonnes in 2006-07
Value of commercial harvest / Approximately $11.162 million in 2006-07 (based on Sydney Fish Market prices).
Take by other sectors / A number of target species in the Ocean Trap and Line Fishery are also prominent recreational species (snapper, yellowfin bream, yellowtail kingfish and silver trevally).
Commercial licences issued / 371 fishing businesses as at March 2009 (compared with 478 businesses in July 2006).
Management arrangements / The Ocean Trap and Line Fishery is managed by Industry and Investment NSW under the NSW Fisheries Management Act 1994, Fisheries Management (General) Regulation 2002, Fisheries Management (Supporting Plan) Regulation 2006, and the Fisheries Management (Ocean Trap and Line Share Management Plan) Regulation 2006. Fishing in Commonwealth waters is managed by the NSW Government in accordance with NSW legislation under an Offshore Constitutional Settlement between the Australian Government and the NSW Government.
Changes to management arrangements
A significant regulatory reform process in NSW was finalised with the gazettal, in November 2008, of a range of amendments to all commercial fishery share management plans, including the Fisheries Management (Ocean Trap and Line Share Management Plan) Regulation 2006.
Amendments included:
· the requirement to use fish trap escape panels;
· a maximum number of 30 fish traps allowed per fishing business;
· limiting hook numbers on set lines to 1200 per fishing business;
· surface area of spanner crab net not to exceed 1.6m2;
· wire trace line prohibited within three nautical miles of the natural coastline;
· circle hooks required on all set lines. With the use of non-offset hooks in waters less than 92 metres deep; and
· seasonal spanner crab closures prohibiting the taking of females (21October to 20 January each year) and males (21 November to 20December each year).
In response to the targeted fishing of sharks in the northern part of the Ocean Trap and Line Fishery that commenced in 2006, new management arrangements for the commercial harvest of sharks in the fishery came into effect on 1September 2008. Seven permits were issued in September 2008 to allow fishing for sandbar shark, with a quota of 100 tonnes. The permits were modified in March 2009 to allow fishers to retain a wider range of shark species to minimise wastage.
Management arrangements for sharks include daily catch reporting, annual catch caps (of 60 tonnes up to 30 June 2009, subsequently extended to January 2011) based on historical harvest levels, a weekly trip limit and bycatch limits. The arrangements apply to a defined group of large shark species including all whaler, blue, hammerhead, mako and tiger sharks (generally referred to as ‘Schedule 1’ shark species).
In February 2010 short fin and long fin mako sharks were listed as migratory species under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Industry and Investment NSW has been notified of this listing and the need for live short and longfin mako sharks caught incidentally to be released unharmed (mako sharks caught incidentally and brought up dead can be retained).
Export / There is some export of spanner crabs, while shark fins are exported to south east Asian markets.
Bycatch / Two scientific observer programs recently collected data on the species composition of discarded catches as well as the level of discarding. Results of these programs will give an estimation of the level of bycatch and discarding in the fishery. See Table 4 of this report for further details.
Interaction with Protected Species[1] / Three separate interactions have been reported by fishers in the Ocean Trap and Line Fishery since mandatory reporting requirements commenced in 2005. These interactions included: one great white shark caught and released alive; one turtle caught and released alive but distressed/injured; and one grey nurse shark seen jumping from the water. The grey nurse shark interaction was reported in August 2005.
In 2008 NSW commenced a one year observer program for the targeted shark component of the Ocean Trap and Line Fishery. During the one year program five grey nurse sharks, six great white sharks, and two green turtles were caught during fishing operations.
Ecosystem Impacts / Impacts on the ecosystem remain largely unknown.
2
Table 2: Progress with implementing the conditions and recommendations from the 2006 assessment of the New South Wales Ocean Trap and Line Fishery (as varied March 2009).
Condition / Progress / Recommended Action /Condition 1. Operation of the fishery will be carried out in accordance with the restricted entry management regime in force under the NSW Fisheries Management Act 1994. / The New South Wales (NSW) Ocean Trap and Line Fishery is subject to a restricted entry management regime in force under the Fisheries Management Act 1994, with access arrangements being managed pursuant to the Fisheries Management (Ocean Trap and Line Share Management Plan) Regulation 2006. / The Department of Sustainability, Environment, Water, Population and Communities considers that this condition has been met.
The department recommends that a new approved Wildlife Trade Operation declaration for the Ocean Trap and Line Fishery specify this condition
(see Condition 1, Table 4).
Condition 2. The NSW Department of Primary Industries (DPI) to advise the Department of the Environment, Water, Heritage and the Arts of any intended amendments to the OTLF management arrangements that may affect the assessment of the fishery against the criteria on which EPBCAct decisions are based. / The department has been advised of a number of management changes for the fishery – See Table 1. / The department considers that this condition has been met. The department reiterates the need for Industry and Investment NSW to inform the department of intended amendments to management arrangements before they are implemented.
The department recommends that a new approved Wildlife Trade Operation declaration for the Ocean Trap and Line Fishery specify this condition
(see Condition 1, Table 4).
Condition 3. A report to be produced and presented to the Department of Environment, Water, Heritage and the Arts by 27 March 2009, and to include:
a. information sufficient to allow assessment of the progress of NSW DPI in implementing the conditions and recommendations;
b. the status of the OTLF performance indicators compared to the trigger points. / A table incorporating the status of the Fishery Management Strategy performance indicators compared to the trigger points can be found in Appendix 2 of the Industry and Investment NSW submission. / The department considers that this condition has been met. As per the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition, annual reporting will continue to be required.
The department recommends that a new approved Wildlife Trade Operation declaration for the Ocean Trap and Line Fishery specify a condition requiring annual reporting (see Condition 3, Table 4).
Condition 4. NSW DPI, in conjunction with OTLF stakeholders, to continue to develop and implement:
a) further measures to cap active effort in the OTLF; and
b) a strategy, including effort targets, milestones and associated trigger points, for reducing the level of fishing effort for each sector of the fishery. / a) Capping effect