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Antarctic Fisheries

SouthMAC meeting 15, 25 March 2002, Canberra

Chair's summary

Attendance

Members
  • Mr Bill Nagle - Chair
  • Mr Geoff Richardson, AFMA
  • Dr Keith Sainsbury, CSIRO
  • Ms Margaret Moore, WWF
  • Mr Martin Exel, Austral Fisheries
  • Mr Les Scott, Petuna
  • Mr Joseph Pirello, Everfresh
  • Mr Dennis Witt, DPIWE
  • Mr Ian Hay, AAD
  • Ms Sarah Scott - Executive Officer
Observers
  • Ms Viki O'Brien, AFMA
  • Mr Mark Flanigan, EA
  • Ms Alice McDonald, EA
  • Mr Quentin Hanich, Greenpeace
  • Mr Andrew Kettle, AFMA (draft Budget)
  • Mr Wade Whitelaw, AFMA (draft Budget)
  • Mr Barry Baker, EA (TAP)
  • Ms Tara Hewitt, EA (TAP)
  • Ms Stephanie Kalish, AFMA (TAP)
  • Mr Paul Murphy, AFMA (TAP and MPA)
  • Mr Rob Ferguson, EA (MPA)
  • Ms Joanne Fisher, AFMA (MPA)
  • Mr John Davis, AFMA (IUU)

Introduction

The fifteenth meeting of the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC) was held in Canberra on 25 March 2002. The following is a brief summary of the major issues discussed including the draft 2002/03 sub-Antarctic Fisheries Budget, the Sub-Antarctic Longlining Threat Abatement Plan, Heard Island and McDonald Islands (HIMI) Marine Protected Area (MPA) and future management arrangements for Macquarie Island.

Draft 2002/03 sub-Antarctic Fisheries Budgets

SouthMAC considered the sub-Antarctic fisheries management and observer draft budgets.

AFMA advised that while the levy base for all sub-Antarctic fisheries combined has increased by $4,231, the component of the budget attributed to industry has decreased by $356. The proportion attributed to Government has increased mainly due to the costs of the anticipated legal action associated with implementation of the HIMI Management Plan.

AFMA advised Members that in the draft 2002-03 Budget the total overheads have increased by 11.3%. SouthMAC noted that the main reason for this increase was the creation of new positions in the Environment and Policy, Planning and Communications sections and the creation of a full-time chief scientist position. SouthMAC questioned whether such a significant rise in the overheads component of the budget was warranted.

Industry members again expressed concern over the high cost of the provision of observer services to industry. One industry Member proposed that the observer at sea costs were largely a compliance cost, and that for consistency should be split between industry and Government 50:50.

SouthMAC challenged the determination of AFMA Senior Management that the development of MPAs should be an entirely industry funded activity as it is part of the day to day management of the environmental aspects of fisheries. In recognition of the community benefit of MPAs and in line with the recent Board determination on FAG costs, SouthMAC proposes that MPA costs should be split 25% industry and 75% Government funded.

SouthMAC supported the draft 2002/03 sub-Antarctic fisheries budget subject to clarification and consideration of two matters:

  • that observer at sea costs be split between industry and Government 50:50; and
  • that MPA costs be split 25:75 between industry and Government.

AFMA agreed that where possible it would consider these specific matters and amend the Budget according to these and other comments and suggestions received.

Longlining Threat Abatement Plan

Mr Barry Baker, Department of the Environment and Heritage (EA), attended the meeting to discuss his paper entitled "Longline fishing in the Sub-Antarctic - A discussion paper relating to the Threat Abatement Plan for the incidental catch (or by-catch) of seabirds during Oceanic Longlining Fishing Operations". SouthMAC discussed this paper and noted that its development was the first step towards examining the possibility of allowing Australian vessels to longline in sub-Antarctic waters. If suitable mitigation measures can be developed to minimise or eliminate bird bycatch there are strong economic and ecological reasons to support the use of longliners in sub-Antarctic waters. Longlining is the preferred fishing method of all entrants to the HIMI Fishery.

SouthMAC noted that the paper recommends that for Macquarie Island a longline fishery not be developed. Given the risk of longline fisheries to breeding seabirds, especially the very small wandering albatross populations, a total closure to longline fishing for Macquarie Island is the preferred option.

The paper suggested that a longline fishery could be trialed and developed for HIMI Fishery provided effective mitigation measures are employed. The paper suggests mitigation measures to be applied in the HIMI Fishery, in addition to the minimum Commission for the Conservation of Conservation of Antarctic Marine Living Resources (CCAMLR) standards which apply to any vessel proposing to longline in the area.

The paper notes that applications by Australians to conduct new and exploratory longline fishing operations in other areas of the sub-Antarctic be assessed by the Commission's ad hoc Working Group - Incidental Mortality Arising from Fishing and the Working Group on Fish Stock Assessment.

SouthMAC agreed to provide comments to the Department of the Environment and Heritage on the draft discussion paper.

SouthMAC noted that the discussion paper is expected to be considered and finalised by the TAP team when it next meets (6-8 weeks).

HIMI Marine Protected Area

Mr Rob Ferguson, EA, attended SouthMAC 15 to discuss the proposed HIMI MPA.

On 24 January 2001, a Notice of Intent (NOI) was issued proposing the declaration of a HIMI Marine Reserve under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The proclamation declaring the reserve assigned it to an IUCN Category 1a 'Strict Nature Reserve', thereby prohibiting commercial fishing activity. EA was criticised by conservation groups, AFMA and the fishing industry for deficiencies in their stakeholder consultations prior to issuing the NOI.

On 15 January 2002 EA met with stakeholders and agreed on a way forward for the HIMI MPA. SouthMAC noted that EA would be issuing a new NOI declaring all undisputed areas within the original Notice as an IUCN Category 1a reserve. The disputed areas will be deemed conservation zones and subject to further assessment before a decision is made as to whether these areas should be included in the MPA. This assessment process has been designed to:

  • link with and utilise the results from previously planned scientific research in the HIMI region in the near future; and
  • allow commercial fishing to be undertaken to determine commercial fishing potential of the conservation zone and to allow for an assessment of the impact of fishing on these areas to be assessed.

The assessment of the conservation zone will also involve:

  • the scientific assessment of the conservation values;
  • a resource assessment of commercial fishing potential; and
  • an impact assessments of fishing activities.

The assessment of conservation values will aim to further define the biodiversity and natural values of the conservation zone areas, and the significance of these areas to the overall HIMI ecosystem. The fishing resource assessment of the conservation zone should aim to provide a clearer indication of the fish stocks in the relevant areas and the commercial viability of fishing these areas. The impacts assessment should aim to compare fishing impacts in both fished and unfished areas and determine the vulnerability of areas within the conservation zone to the impacts of proposed fishing methods.

SouthMAC considered the draft papers presented by EA - "Proposed Assessment of Heard Island and McDonald Islands (HIMI) Conservation Zone" and the "Decision process for Fishing Operations in HIMI Conservation Zone".

SouthMAC agreed to assist EA in the assessment process proposed for the HIMI conservation zone, in particular the development of measures to minimise the impacts of fishing in the conservation zone during the assessment process.

SouthMAC agreed to provide comments on these papers by 5 April 2002.

Macquarie Island Future Management Arrangements

SouthMAC considered the future management direction for the Macquarie Island Toothfish Fishery, which is currently operating under the "Macquarie Island Toothfish Fishery Interim Management Policy October 1999 - June 2001". At the AFMA Board meeting of 15-16 February 2001, the Interim Policy was extended to 30 December 2002. At this time the Board was firmly of the view that no commitment should be made to develop a management plan for this Fishery until:

  • the results of CSIRO's "Management Strategy Evaluation" (MSE) of the Macquarie Island Toothfish Fishery are known, and
  • there is clear evidence that the fish stocks in this region can sustain commercial fishing operations.

At SouthMAC 15, Members were presented with a paper outlining a number of options for the future management of Macquarie Island including rolling over the existing interim management arrangements, developing new management arrangements and limiting access to the fishery to scientific permit/s. AFMA indicated that they did not support the development of a Statutory Management Plan for Macquarie Island given the recent low catch levels and the resources required to develop a management plan. However, SouthMAC industry Members strongly believe that a Management Plan should be developed given the results of CSIRO's management strategy evaluation of Macquarie Island indicating that there is evidence that fish stocks in the region will shortly be able to sustain commercial fishing operations within a small TAC. Industry Members also suggested that developing new management arrangements would be as costly as developing a plan. Industry agreed to pay for all expenses (industry and Government) associated with developing a Management Plan should AFMA be concerned about the costs of development a management plan.

AFMA management is concerned about the large amount of uncertainty associated with current stock estimates at Macquarie Island. SouthMAC noted that a trip to Macquarie Island is planned by Austral Fisheries for later in 2002 and hopefully this will produce enough information from fish tag returns to allow for a more precise assessment of the stock.

SouthMAC:

  • noted that the AFMA Board, in response to its December 2001 workshop, had separately requested SouthMAC to produce a draft fishery plan for all Commonwealth fisheries including Macquarie Island by August 2002 incorporating some of the core elements of a full Management Plan;
  • recommended the development of a Statutory Management Plan for Macquarie Island, with access and management arrangements for the period following the expiry of the current policy and prior to the grant of long term rights for the area mirroring those in the draft Plan at that time; and
  • proposed that Dr Sainsbury, Chair of SAFAG, do a presentation to the May 2002 AFMA Board meeting on the results of the MSE of Macquarie Island. The objective of this presentation is to increase their understanding of the Macquarie Island stock assessment process and current toothfish stock status.

AFMA Board outcomes

The Chair noted the advice from the Chair of the AFMA Board regarding the outcomes of the 88th Board Meeting held on 29-30 November 2001. The advice indicated that the Board had approved the:

  • HIMI Management Plan and agreed that AFMA should determine the Plan subject to agreement to the draft Strategic Assessment Report by AFMA's Environment Committee and subsequent approval by the Minister for the Environment and Heritage; and
  • TACs and bycatch limits for HIMI and Macquarie Island as recommended by SouthMAC.

The Board advised in a letter dated 5 March 2002, of the outcomes of their workshop held on 19 December 2001. The Committee noted that at the workshop the Board agreed to develop more predictable and transparent mechanisms on which to base management decisions for Commonwealth fisheries. SouthMAC, as directed by the Board, agreed to produce a draft fishery plans for Heard Islands and McDonald Islands (HIMI) Fishery and the Macquarie Island Toothfish Fishery by 22 August 2002.

The Board also stated in this letter that they had agreed to a set of principles that should underpin data management, collection, verification and analysis for all Commonwealth fisheries. The Chair requested that the Principles be forwarded to the Sub-Antarctic Fishery Advisory Group (SAFAG) for comment. SouthMAC agreed to write to the AFMA Board with comments/suggested changes to the Principles.

SouthMAC noted the letter dated 14 March 2002 from the AFMA Board Chair on the principles for carryover and carryunder of quota entitlements. SouthMAC agreed to provide comments directly to Mr Rohan Wilson, Business/Licensing Manager, AFMA, by 30 May 2002.

Recovery of Fishery Assessment Groups costs

SouthMAC noted that at the AFMA Board meeting on 30 November 2001 new initiatives for AFMA's fishery assessment functions were decided. On 10 January 2002 a letter from Mr Bruce Wallner, Research Manager, AFMA was distributed to SouthMAC Members seeking comments on the proposed changes and specifically comments on the process and level of industry cost-recovery for the operations of Fishery Assessment Groups (FAGs).

SouthMAC considered the decisions of the AFMA Board regarding the recovery of FAG costs. They noted that it was proposed that 25% of SAFAG costs attributed to industry be split between the HIMI and Macquarie Island fisheries based on their respective GVPs. This would see the costs divided with 0.5% attributed to Macquarie Island Toothfish Fishery and 24.5% attributed to Heard Island and McDonald Islands Fishery. Although splitting costs based on GVPs may be equitable for some fisheries, SouthMAC did not believe it was an equitable reflection of the time spent by SAFAG considering Macquarie Island issues.

SouthMAC supported the recovery of 25% of FAG costs and recommended that SAFAG's costs be divided 50:50 between the HIMI Fishery and the Macquarie Island Toothfish Fishery.

SouthMAC also noted that the AFMA Board had approved, in principle, the formation of two new fishery assessment bodies; a high level group to provide leadership, advice and technical expertise to AFMA assessment functions for ecosystem management, and an economic assessment group. SouthMAC sought clarification from AFMA on the composition of the two groups. AFMA agreed to provide this information when it became available.

The Committee agreed, as requested by the AFMA Board, that AFMA will draft a paper to provide greater guidance to SAFAG on how to frame fishery assessment advice. The paper will include SAFAG's roles and functions and how the assessment information should be presented to SouthMAC.

Approval and Implementation of the HIMI Management Plan and Strategic Assessment Report

On 19 December 2001 the AFMA Board Chair wrote to the Environment Minister seeking his support for the draft HIMI Management Plan in relation to strategic assessment and protected species interaction requirements under the EPBC Act and export approval under this Act. SouthMAC noted that the Environment Minister has not responded to date.

Mr Flanigan, EA, indicated that his staff had reviewed AFMA's Strategic Assessment Report and would shortly be finalising a paper on this Report to send to the Environment Minister's. He also indicated that EA's main areas of concern for the HIMI Fishery are:

  • IUU and its impact on the stock assessment process particularly if the HIMI and Kerguelen Islands share a single or straddling stock of Patagonian toothfish;
  • the impact of fishing on sleeper shark, skates and rays; and
  • potential seal interactions.

Mr Flanigan also explained that there was a problem with the process for the accreditation of the HIMI Management Plan as a necessary regulation under the EPBC Act had not yet been made. EA is currently seeking approval from the Environment Minister to draft this regulation. SouthMAC noted that this has the potential to delay the Management Plan process.

Mr Flanigan indicated that the Environment Minister will shortly advise AFMA whether he intends to accredit the HIMI Management Plan. Provided the Environment Minister indicates he intends to accredit the Plan, and to avoid any further delays, Mr Flanigan suggested that AFMA determine the Plan and that the Fisheries Minister approve the Plan and table it in Parliament. He noted that the Environment Minister would then table his intention to accredit the Plan once the regulation was in place. AFMA indicated it was not clear whether it was practicable or acceptable to the Fisheries Minister to have the Management Plan and the notice to accredit the Plan tabled in Parliament at different times.

SouthMAC noted progress on the approval and implementation of the draft HIMI Management Plan.

Drafting of legislative instruments to support the HIMI Management Plan

SouthMAC Members reviewed and provided comments on the preliminary drafting instructions for the Regulations, Directions and the Conditions on SFRs that will support the draft Heard Island and McDonald Islands Management Plan.

SouthMAC agreed that, following incorporation of all SouthMAC comments, the drafting instructions for the Regulations will be submitted to the Office of Legislative Drafting. The Directions and Conditions on SFRs will be drafted by AFMA in conjunction with their Legal Section. SouthMAC noted that these instruments would need to be in place prior to 1 December 2002 when the proposed Management Plan is expected to take effect.

CCAMLR New and Exploratory Fisheries - Application and Assessment Process for 2002/03

Last year AFMA received a total of 16 applications for access to CCAMLR New and Exploratory fisheries. Several of these applications were from previously unknown parties which created difficulties in verifying their credibility and that of their vessel. In response, AFMA drafted in consultation with AAD a "Guide to CCAMLR New and Exploratory Fisheries". The development of this Guide is aimed at making the process undertaken by Government transparent, providing background information to assist applicants in developing their proposals and detailing the standards which applicants must meet for Australia to submit their applications to CCAMLR.

SouthMAC considered the Guide and a number of issues were raised by the Committee including; should there be repercussions if a successful applicant does not go fishing, when must a vessel be Australian flagged, and what degree of commitment to Australia must the applicant demonstrate and how?

Industry strongly opposed the concept of AFMA charging for high seas activities, as they regard these charges as not being in line with the current Government'' Cost Recovery Policy.

SouthMAC agreed:

  • that charging a non-refundable application fee of $1000 was appropriate to reflect the costs associated with AFMA calling for and assessing applications for new and exploratory fisheries;
  • with the exception of industry Members, to note that the residual costs of management for new and exploratory fisheries will then be split between successful applicants and will be collected following the issuing of fishing Permits.

Following consideration of SouthMACs comments, the Guide will be circulated to SouthMAC out-of-session. The Guide will be finalised by the CCAMLR Inter-Departmental Committee.

Sub-Antarctic Bycatch Action Plan

SouthMAC noted the letter from AFMA's Environment Committee in relation to the implementation of Bycatch Action Plans and agreed to the inclusion of 'BAP implementation' as a standard Agenda Item.

The Sub-Antarctic Bycatch Action Plan (BAP) was approved by the AFMA Board in March 2001. SouthMAC noted that the majority of actions identified in the sub-Antarctic BAP are being addressed with a number of these actions being undertaken through the logbook program, surveys and research. The major areas of concern for the Sub-Antarctic that has not been adequately addressed are:

  • identifying the effects of fishing on benthic habitats; and
  • undertaking a risk assessment for sleeper sharks, skates and rays.

Update on IUU fishing activities

Mr John Davis, Compliance, AFMA, attended SouthMAC 15 to provide an update on the recent Illegal, Unreported and Unregulated (IUU) fishing activity in the Heard Island and McDonald Islands (HIMI). SouthMAC noted the recent arrests of two boats in the HIMI, the Lena and Volga, and agreed that urgent action by the Government was required to reduce the current level of IUU fishing in the area and to provide an effective boarding and arrest capability by other than Australian Defence Force means.

SouthMAC requests that the AFMA Board Chair write to relevant portfolio Ministers seeking some recommended actions to reduce IUU.

Proposed CITES listing of Patagonian toothfish

SouthMAC noted that conservationists have recently sought industry's support to list Patagonian toothfish on Appendix II of Convention for International Trade in Endangered Species (CITES). Appendix II is reserved for species which, although not necessarily threatened with extinction, may become so unless trade in specimens of such species is subject to strict regulation, in order to avoid utilisation incompatible with their survival. The conservationists believe that the listing would be a mechanism to ensure greater coverage than the current Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR) Catch Documentation Scheme (CDS) and implement trade measures that may contain or eliminate illegal trade in the species. SouthMAC noted that the aim was not for CITES to replace the CCAMLR's CDS but would complement it with around 157 countries signed on to CITES.

SouthMAC noted that conservationists and industry were meeting in late March 2002 to progress this issue.

Bill Nagle
Chairman
SouthMAC

19 April 2002

Page last updated 12 July, 2005