Torres Strait Tropical Rock Lobster Fishery

2013 Annual Report

This report has been prepared by AFMA for consideration by the Department of the Environment in relation to the exemption of the Torres Strait Tropical Rock Lobster Fishery from export controls under the Environment Protection and Biodiversity Conservation Act 1999.

Annual Report – Torres Strait Tropical Rock Lobster Fishery 2013

TABLE OF CONTENTS

1Description of the Fishery

1.1Target and Bycatch Species

1.1.1Target Species

1.1.2Prohibited Species

1.2Management Arrangements Employed in the Fishery

1.3Fishing Methods (gear types)

1.4Fishing Area

1.5Allocation between sectors

1.6Governing legislation/fishing authority

1.7Status of export approval/accreditation

2Management

2.1Changes to management arrangements

2.2Performance of the fishery

2.3Compliance risks present in the fishery

2.3.1Customized Registration Sticker System

2.3.2Penalty Infringement Notices

2.3.3Demerit Points System

2.4Consultation Processes

2.5Cross-jurisdictional management arrangements

2.6Outcomes of review processes

2.7Demonstration of compliance with TAPs, recovery plans, etc

3Research and monitoring

4Catch data

4.1Total catch of target species

4.2Total catch of target species taken in other fisheries

4.3Catch of byproduct/ bycatch species

4.4Harvest by each sector

4.5Effort data including information on any trends

4.6Spatial issues/trends

5Status of target stock

5.1Resource Concerns

5.2Stock Assessments

5.3Results of any stock recovery strategies

6Interactions with protected species

6.1Frequency and nature of interactions

6.2Management to reduce impacts and results of such action

7Impacts of the fishery on the ecosystem in which it operates

7.1Results of any Ecological Risk Assessments

7.2Nature of impacts on the ecosystem

7.3Management to reduce impacts and results of such action

8Description of progress in implementing each recommendation and condition

Introduction

Fisheries management in the Torres Strait Protected Zone (TSPZ) is undertaken under the Torres Strait Fisheries Act 1984 (the Act) and is administered by the Protected Zone Joint Authority (PZJA). AFMA undertakes the day to day management of TSPZ fisheries under Delegation of the PZJA. Management must also align with the objectives of the Torres Strait Treaty 1985 (The Treaty), ensuring that catch sharing arrangements between Australia and Papua New Guinea (PNG) are considered.

The Torres Strait Tropical Rock Lobster Fishery (TRLF) was granted export approval/accreditation under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) on 23November 2010for a period of 3 years and is valid until 23 November 2013. This accreditation was subject to a number of conditions and recommendations. The progress towards outcomes of which are discussed in Attachment A. AFMA is seeking a further 3 year export accreditation. A formal management plan for the TRLF is being developed by the PZJAon a timeline for implementation by 2015 however it may take longer.The management plan will transition the TRLFfrom input management against nominal total allowable catchesto an allocated quota managementsystem.

1Description of the Fishery

At a glance
Principal species / The Ornate or Tropical Rock Lobster (TRL) (Panulirus ornatus)
Area of operation / From the tip of Cape York to the northern border of the Protected Zone – most of the catch comes from the western and south-eastern part of the fishery where the densities of TRL are highest.
Fishing techniques / Taken by divers working from four to six metre tenders, using a short hand spear or snare either with the use of surface supplied air (hookah) or free diving. Only one diver works from each tender. Divers work to about 20 metres in depth and dive mainly during daylight hours. Some Traditional Inhabitants fish at night with a light.
Number of vessels / 12licensed primary vessels (2013) with a total of 32attached dinghies (tenders or service vessels); Two non-transferable dinghy licences;
As of the 29th day of October 2013 there were 214 active TIB licenses with TRL endorsements. There is no limit on the issue of TIB licences.
Fishing season / Commercial fishing occurs from December to September, with a fishery closure during October and November. The use of hookah equipment is banned during December and January.
Estimated catch and value 2007-2009 / 2012: Australia: 558 t live weight; Papua New Guinea: 173 t live weight
2011: Australia: 667 t live weight; Papua New Guinea: 200 t live weight
2010: Australia: 470 t live weight; Papua New Guinea: 293 t live weight
2009: Australia: 228t live weight; Papua New Guinea: 114t live weight
Value in the 2012season was $A18.4 million.
Main markets / Frozen TRL tails are sold on the domestic and overseas markets (mainly the United States). The value-added live trade of TRLbegan in the mid-1990s and supplies export markets (mostly China) and a small domestic market. Handling and shipping live TRL require more sophisticated transport infrastructure than frozen tails and there is a risk of losing product between the point of harvest and its market.
Stock status / The Fishery Status Reports 2012produced by the Australian Bureau of Agricultural Resource Economics and Sciences - Bureau of Rural Sciences (ABARES) considers the fishery “not overfished/not subject to overfishing.”
Current management method / Input controls include a limited number of dinghies (tenders)for both TVH and TIB freezer boat operations, and a boat replacement policy for upgrading vessels. Technical controls include a legal size limit on TRL, a ban on use of hookah-gear from December to January anda closure ofcommercial fishing in October and November.
Resource competition / Australia and Papua New Guinea share the commercial fisheries of the Torres Strait Protected Zone under formal arrangements detailed in the Torres Strait Treaty.
Long term potential yield / The model estimate of MSY in 2013 was 740 t (Australia only). The nominal TSPZ Total Allowable Catch for 2013 was 871 t.

1.1Target and Bycatch Species

1.1.1Target Species

The fishery is based on a single species, the ornate or Tropical Rock Lobster (TRL), Panulirus ornatus, which is taken by divers using hand held implements.

1.1.2Prohibited Species

As the fishery is a highly selective single species fishery, no bycatch is taken. However, fishers with other endorsements are able to harvest under those authorities while targeting TRL.

1.2Management Arrangements Employed in the Fishery

The TRLF is managed under the Actthrough fisheries management instruments as well as a range of fishery management policies agreed from time to time by the PZJA.In exercising its management functions, the PZJA pursuesthe objectives of the Act. These objectives are:

to acknowledge and protect the traditional way of life and livelihood of traditional inhabitants, including their rights in relation to traditional fishing;
to protect and preserve the marine environment and indigenous fauna and flora in and in the vicinity of the Protected Zone;
to adopt conservation measures necessary for the conservation of a species in such a way as to minimise any restrictive effects of the measures on traditional fishing;
to administer the provisions of Part 5 of the Torres Strait Treaty (relating to commercial fisheries) so as not to prejudice the achievement of the purposes of Part 4 of the Torres Strait Treaty in regard to traditional fishing;
to manage commercial fisheries for optimum utilisation;
to share the allowable catch of relevant Protected Zone commercial fisheries with Papua New Guinea in accordance with the Torres Strait Treaty; and
to have regard, in developing and implementing licensing policy, to the desirability of promoting economic development in the Torres Strait area and employment opportunities for traditional inhabitants.

The TRLF consists of two major sectors –TIB (traditional) and TVH (non-traditional) commercial sectors. Any expansion in participation in the TRLF is limited to the TIB sector in order to pursue the objective of promoting employment opportunities for traditional inhabitants.

The PZJA has imposed licensing provisions to limit expansion in the TVH sector, both in terms of fishing capacity (boat replacement policy) and licence numbers. There is a ban on prawn trawlers taking TRL to reduce pressure on the stock.

The following policy is in place which limits the length of primary boats (i.e. those boats from which tenders operate):

boats up to six metres may be replaced by a boat up to six metres;
boats greater than six metres and less than or equal to ten metres may be replaced by a boat up to ten metres;
boats greater than ten metres and less than or equal to 14 metres may be replaced by a boat up to 14 metres; and
boats greater than 14 metres may be replaced by a boat of equal length.
The maximum size for fishing boats in the TRLF is 20 metres.

Many of the primary boats have been in the fishery for many years. Unlike many fisheries where the size, horsepower and other characteristics of the primary boats may play a significant role in the fishing powers of the operation, this is not so much the case in the TRLF because the fishing is done entirely from tenders. Divers operating from the tenders are not required to hold a Torres Strait Master Fisherman’s Licence, but the boat from which the tender is working must be operated by someone who holds this licence.

Many, but not all boats licensed for the TRLF have endorsements for other fisheries. In practice, the other endorsements are used to a very limited extent. Additionally, it is not feasible for the primary boat to undertake other fishing activities while its tenders are used for TRL fishing and while divers are in the water.

Regulations currently employed in the TRLF include:

limiting the method of taking of TRL to either hand, or with the use of a hand held implement, such as a spear or scoop net, with an October-November (inclusive) closure on commercial fishing;
a further ban on the use of hookah gear during December and January (inclusive);
a minimum tail size of 115mm or minimum carapace length of 90mm for all commercially caught TRL;
a bag limit of 3 TRL per person or 6 TRL per dinghy applies to traditional fishing (Islander or visiting PNG Traditional Inhabitants).The same limit applies to recreational fishing under Queensland State law; and
the prohibition of the processing or carrying of TRL meat that has been removed from any part of a TRL on any boat.

1.3Fishing Methods (gear types)

TRL is most commonly taken by divers working from four to six metre tenders, using a short hand spear or snare either with the use of surface supplied air (hookah) or free diving. Only one diver works from each tender. Divers generally work to about 20 metres in depth and dive mainly during daylight hours. Some TIB operators fish at night with a light, searching for TRL walking the reef tops.Most fishing occurs during neap tides when currents are weaker and the water is less turbid.

The TVH sector relies on larger primary boats and predominantly use hookah diving to collect TRL. In contrast, the TIB sector use smaller boats and free diving is the more commonly used method, however there is increasing interest to move to hookah diving.

1.4Fishing Area

Most commercial fishing for the TRL occurs in the Torres Strait and less activity along the far north-east coast of Queensland. TRL probably comprises a single stock north of around 14o South along the Queensland coast, in the Torres Strait and the south eastern coast of PNG.Breeding within this region could potentially supply recruits to all areas within the region due to the clockwise gyre in the north-west Coral Sea (see Figure 1 below). Assessments are based on surveys of juvenile (1+ year old) and sub-adult (2+ years old) TRL in the central and western Torres Strait where most of the fishing occurs (Figure 1 – cross hatched area within the Torres Strait).

Figure 1:Map of the Torres Strait and Gulf of Papua showing the main fishing grounds around the central and western reefs and islands (- - -), the migration pathways (==>), breeding grounds (= ), current patterns ( >) in the Coral Sea, and the boundary of the Protected Zone (----).

Figure 2: Area of the Torres Strait Tropical Rock Lobster Fishery, including areas of PNG jurisdiction but excluding PNG areas outside but near the Torres Strait Protected Zone.

1.5Allocation between sectors

The TSPZ catch is split between three sectors in Australian waters – TVH, TIB and those PNG vessels endorsed to fish in Australian waters under Treaty arrangements. Each year the CSIRO undertake a stock assessment that informs a nominal Total Allowable Catch (TAC) for the TSPZ (see section 5.2). Based on this stock survey it is determined that 85% of the TSPZ TRL stock is in Australian waters and 15% is in PNG waters. It should be noted that as the fishery is not currently under a statutory quota management system these are nominalsplits of the recommended total catch. Each sector is monitored against the TAC.

The Treaty specifies catch sharing arrangements between Australia and Papua New Guinea (PNG). Under the Treaty, PNG are entitled to 25% of the Australian TAC in Australian waters, and Australia is entitled to 25% of the PNG TAC in PNG waters. In 2013, PNG were allocated 185 tonnes in Australian waters, and Australia was allocated 26 tonnes in PNG waters. The PNG catch allocation is converted to tender fishing days under the catch sharing model.

The 2013catch sharing arrangement allowed for three PNG licensed fishing boats, each with up to seven tenders to access the TSPZ to take TRL. The effort allocation model limited effort to 685 tender days in 2013 however only a small fraction of this was utilised. Australia has to date forgone access to its share of the catch in the PNG area of jurisdiction. This was taken into account when calculating the effort allocation to PNG. Officials from Australia and PNG meet annually to discuss fisheries matters in accordance with the Treaty, and PNG TRL allocation is one of these matters.

From the remaining 75% of the Australian TAC in Australian waters, this is split between the TVH and TIB sectors. The PZJA made a decision at its 18th meeting in July 2005 to work towards adjusting access to the TRLF between the TIB and TVH commercial fishing sectors. The PZJA decided it would offer payments for TVH licences through a voluntary tender process to acquire access needed to meet Australia’s obligations under the catch sharing provisions of the Treaty.

In 2007, the Commonwealth Department of Agriculture, Fisheries and Forestry (DAFF) conducted two open tender processes on behalf of the PZJA to increase the relative share of the fishery for the traditional inhabitant (TIB) sector. The first tender process resulted in the acquisition of two non-traditional licences, and the second resulted in a further acquisition of 11 licences. In 2012, the Queensland Department of Agriculture, Fisheries and Forestry (QDAFF) undertook a further open tender process, removing one additional licence. Overall, 14 primary boats and 31 associated tenders (dinghies) from the non-traditional (TVH) sector have been surrendered through these structural adjustment processes. There are now 12 primary boats with 32 tenders remaining in the TVH sector. The TIB sector currently holds approximately 56% of the Australian allocation.

From the total TSPZ TAC each year, the current sectoral allocations are:

TIB sector 38%
TVH sector 29%
PNG sector 33%

1.6Governing legislation/fishing authority

The jurisdiction and management framework for commercial and traditional fisheries in the Torres Strait is governed by the provisions of the Treaty, enacted between Australia and PNG. The Treaty describes an area in the Torres Strait known as the TSPZ. The TSPZ consists of areas in which Australia and PNG have jurisdiction over certain swimming marine species and sedentary marine species.

The principal purpose of the parties in establishing the TSPZ is to acknowledge and protect the traditional way of life and livelihood of the Traditional Inhabitants including their rights in relation to traditional fishing and free movement. A further purpose of the Parties in establishing the TSPZ is to protect and preserve the marine environment and indigenous fauna and flora in the vicinity of the TSPZ.

In order to implement Australia’s fisheries-related treaty obligations in relation to traditional fishing, the principal commercial fisheries were placed under the jurisdiction of the Torres Strait Fisheries Act 1984. The Act provides for the Torres Strait fisheries to be managed under the laws of the Commonwealth or Queensland. In 1999, the PZJA agreed that all commercial fishing activity in the Torres Strait would be managed under the laws of the Commonwealth (see section 31 (2) of the Act).

The Act established the Protected Zone Joint Authority(PZJA) which has responsibility for administering Act. The PZJA members comprise of the Commonwealth and Queensland Ministers responsible for fisheries and the Chairperson of the TSRA. The Commonwealth Government Minister is the Chairperson of the PZJA.

The Act sets out the functions of the PZJA. These functions consist of:

keeping constantly under consideration the condition of the fishery; and
formulating policies and plans for the good management of the fishery.

And for the purposes of the management of the fishery:

exercising the powers conferred on it; and
co-operating and consulting with other authorities (including Joint Authorities established under the Fisheries Act 1952 or the Fisheries Management Act 1991) in matters of common concern.

The Torres Strait Protected Zone Joint Authority (PZJA)

The PZJA is responsible for monitoring the condition of the designated fisheries and for the formulation of policies and plans for their management. In exercising its functions, the PZJA has regard to the rights and obligations conferred on Australia by the Torres Strait Treaty, in particular the protection of the traditional way of life and livelihood of the Traditional Inhabitants,including the capacity to engage in traditional fishing.

The PZJA has delegated day to day management of the fisheries to Australian Fisheries Management Authority (AFMA), and compliance and licensing in the fisheries to the Department of Agriculture, Fisheries and Forestry (QDAFF).