Commonwealth Export Approval Progress Report
June 2014
Published by the Victorian Government, Department of Environment and Primary Industries,July 2014
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Gippsland Lakes Black Bream
Investigating the impacts of net fishing near river mouths during the spawning season
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Progress Relating to 2009 Recommendations
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Introduction
Under the Environmental Protection and Biodiversity Conservation Act 1999 (EPBC Act), all export fisheries must be assessed against the Guidelines for the Ecologically Sustainable Management of Fisheries (the Guidelines) to ensure that fisheries are managed in an ecologically sustainable manner.
The Victorian Rock Lobster Fishery was initially granted export approval under the EPBC Act in 2003 and was reassessed in 2009. The fishery is due for reassessment by 30 September 2014.
The Department of Environment and Primary Industries (DEPI) notes that the recommendations and conditions set by the Commonwealth Government do not bind the State or its agencies.
Recommendation 1: Operation of the fishery will be carried out in accordance with the Victorian Rock Lobster Fishery Management Plan 2003 and Fisheries Regulations 1998 in force under the Victorian Fisheries Act 1995.
The Victorian Rock Lobster Fishery continues to be managed in accordance with Victoria’s legislative and regulatory requirements outlined in the Fisheries Act 1995 and the Fisheries Regulations 2009. The Victorian Rock Lobster Fishery Management Plan was revised and updated in 2009 and has the primary objective of rebuilding the rock lobster stock in Victorian waters.
Recommendation 2: DEPI will advise the Department of the Environment (DoE)of any intended change to the fishery’s management arrangements that could affect the assessment against the criteria on which EPBC Act decisions are based.
DEPI presented the Victorian Rock Lobster Management Plan 2009 to the DoE in November 2009. Prior to finalisation of the management plan, DoE reviewed the draft management plan and advised that the management objectives, strategies and triggers were appropriately precautionary and aligned with the Guidelines.
DEPI is in the initial stages of a review of the current management plan, as it has been in place for five years. Once a draft is completed, which is expected to be at least 12 months away, DEPI will provide DoE with a copy of for consideration.
Recommendation 3: DEPI to produce and present reports to DoE annually as per Appendix B to the Guidelines.
DEPI produces its Fisheries Status Report bi-annually. The most recent status report is due for publication in July 2014.
Recommendation 4: By December 2010 DEPI to implement the management arrangements under the new management plan for the Rock Lobster Fishery. DEPI should ensure that the intent of the new plan remains appropriately precautionary.
The new management plan was declared by the (then) Minister for Agriculture in November 2009.
The plan built on the initiatives and directions contained in the 2003 management plan and maintained its primary objective to rebuild the rock lobster biomass to 40 per cent of the estimated biomass in 1951 (considered to be virgin biomass) by 2020/21.
The management plan goals are:
· Objective 1: Ensure the sustainability of the rock lobster resource:
o Strategy 1: Rebuild the stock biomass
o Strategy 2: Maintain the ecological integrity of the fishery ecosystem
· Objective 2: Ensure resource access and utilisation:
o Strategy 3: Facilitate an economically efficient commercial fishery
o Strategy 4: Maintain recreational and Aboriginal use
· Objective 3: Ensure cost-effective and participatory management:
o Strategy 5: Promote stakeholder participation in decision-making
o Strategy 6: Deliver and monitor cost-effective management arrangements
o Strategy 7: Achieve compliance with legislation
The Rock Lobster Fishery is quota managed. The annual total allowable commercial catch for the fishery is determined on the basis of stock assessment modelling, which considers fishery-dependent and independent information including log book returns, in-port sampling, on-board observations, fixed-site surveying and puerulus abundance.
Recommendation 5: DEPI to:
a) develop improved estimates of harvest from the recreational sector; and
b) in consultation with stakeholders, factor this information into stock assessments to determine appropriately precautionary ecologically sustainable harvest levels.
The 2003 management plan estimated recreational catches of five and ten per cent of the total allowable commercial catch for the Western Zone and the Eastern Zone, respectively. These recreational catches were maintained in the management plan declared in 2009.
In 2013, DEPI conducted an online survey of Victorian recreational fishing licence holders as a preliminary study of recreational catch and effort of rock lobsters, abalone and scallops. 98,213 emails were sent, with 5,232 responses received. Results indicated that a higher proportion of activity and catch of rock lobsters comes from the Eastern Zone, which is consistent with the relationship used in the management plan.
The survey is recognised as a pilot study aimed at determining the effectiveness of online broadcast questionnaires. It was not intended to be used as a method of estimating a recreational total allowable catch. The survey response rate was low so further work will employ different methodologies to gather information
DEPI is currently seeking funding to undertake a comprehensive survey of five key recreational species; rock lobster, abalone, King George whiting, snapper and black bream. Successful funding of this project will enable DEPI to accurately estimate recreational rock lobster harvest.
Recommendation 6: DEPI to identify areas at risk of localised depletion and implement appropriate management measures to address the identified risk.
There is significant variation in the biology and fishery performance within each zone of the Rock Lobster Fishery. This issue was explored in “Spatial modelling and assessment of the Victorian Southern Rock Lobster (Jasus edwardsii) fishery” (Hobday and Punt 2006).
Changes in rock lobster markets can be a driver of localised depletion. Market preference for dark red coloured lobsters, for example, has led to fishing effort in the Western Zone shifting from deeper to shallow areas where red lobsters are found.
The stock assessment model used in Victoria utilises data standardised on region, depth, month and year and produces three regional (i.e. subzone) assessments to analyse catch and fishing activity. The Rock Lobster and Giant Crab Resource Assessment Group routinely evaluates the catch and effort trends within these regions and has recently undertaken an assessment of fishing activity within certain depth ranges.
The combination of the annual total allowable commercial catch and the biomass target specified in the management plan ensure that the biomass in the fishery is increasing and that management strategies are appropriately focussed on the stock.
Recommendation 7: DEPI to develop measures to assess ecosystem impacts of the fishery, including consideration of the results of the report on Rock Lobster Habitats (once finalised).
Ongoing monitoring of the Rock Lobster Fishery includes a program whereby independent on-board observers record the catch and discards of bycatch and by-product and interactions with protected species.
Rock lobster fishers are required to report interactions with protected species as part of their daily catch and effort logbook reporting. There have been no reported interactions with threatened, endangered or protected species in the last five years.
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