Continuation of measures to protect Australian Sea Lions in the GHAT

19 October 2011

Q. Why are changes being made in the fishery?

The Fisheries Management (Southern and Eastern Scalefish and Shark Fishery) Temporary Order 2011 will cease on 1 November 2011. The Temporary Order was put in place to ensure the protection of Australian Sea Lions. AFMA considers that the conditions that led to the implementation of the Temporary Order are unchanged and the current measures are required to protect Australian Sea Lions in the immediate future.

A combination of measures will come into force on 1 November 2011 to replace the existing measures implemented by the Temporary Order. These measures will continue to protect Australian Sea Lions, while providing fishers, who have a history of gillnet fishing, the ability to use alternate fishing methods to reduce the impacts on their businesses. The measures include:

  • maintaining the existing area closed to gillnet fishing to protect Australian Sea Lions  (18,500km2) as per the Temporary Order made on 1 May 2011;
  • the introduction of more precautionary Australian Sea Lion bycatch trigger limits;
  • the requirement for 100 per cent independent monitoring for gillnet fishing off South Australia;
  • the requirement for 10 per cent observer coverage for gillnet fishing elsewhere in the fishery;
  • the continuation of provisions that allow some fishers currently able to use gillnets to use hooks off South Australia including in the areas closed to gillnets;
  • the requirement for 10 per cent observer coverage for shark hook fishing in the fishery; and
  • the prohibition to discharge offal from vessels while setting gillnets and requirement to remove biological material from nets before they are set.

Q. How are these changes being brought into law?

The new management arrangements will be implemented through the following instruments:

  • A Closure Direction, which maintains closures to gillnet fishing in the same areas in which the original Temporary Order prohibits fishing using gillnet methods for a period of 18 months.
  • A new Temporary Order to be in place for 6 months, which continues the entitlement of certain holders of gillnet fishers to use hooks.
  • New conditions that apply to certain fishing concessions (statutory fishing rights and permits). These conditions maintain observer requirements and prohibit the discharge of offal from vessels while setting gillnets and require the removal of biological material from nets before they are set as specified in the original Temporary Order.

Q. Why are areas remaining closed to gillnet fishing?

Since AFMA implemented the Temporary Order in May this year, only one Australian Sea Lion mortality has been observed. This suggests that the strategy has been successful at reducing the rate of interactions when compared to expected mortality estimates suggested by recent scientific research. Despite this, AFMA considers that more information is required to ensure management arrangements are effective at protecting this species before the current closures could be reduced in size or removed.

The current closures Direction will remain in place for an additional 18 months to ensure AFMA can make an informed decision on the effectiveness of other mitigation approaches.

Q. How much additional area is being closed?

The new closure Direction and Temporary Order will not close any additional areas to fishing. Closures will remain the same as those in the Australian Sea Lion Temporary Order made on 1 May 2011.

Q. What is the Australian Sea Lion Management Zone?

The Australian Sea Lion Management Zone is the area of waters off South Australia in the GHAT fishery between 129”0’E and 139”0’E to the outer edge of the Australian Fishing Zone. The Australian Sea Lion Management Zone includes all Australian Sea Lion colonies along the South Australian coast.  The area contains extensive closures to protect these colonies as well as areas where fishers can gillnet subject to 100% independent observer monitoring or electronic monitoring (which includes video cameras).

Q. How will AFMA respond to ongoing Australian Sea Lion deaths?

AFMA has revised the triggers for further management action around mortalities of Australian Sea Lion. From 30 November 2011, the trigger will be reduced to a new overall limit of 15.

AFMA is reducing the trigger limit after reviewing further evidence about the risks to Australia Sea Lions. AFMA will endeavor to ensure that mortalities of Australian Sea Lion are as low as possible, and zero mortalities will remain our goal. A trigger limit of 15 is the best balance to protect Australian Sea Lions while allowing fishing to continue to supply seafood, in a precautionary manner.

Q. How will the revised trigger limit operate and what will happen if it is met?

By 30 November 2011, AFMA will announce the specific details of how the revised trigger limit of 15 will operate. Between now and 30 November, AFMA will consult with stakeholders, including the industry and the Australian Sea Lion Working Group, regarding specific details. AFMA will seek advice on specific triggers around colonies and on the appropriate management responses if a trigger event occurs.

Q. Why is additional observer coverage being maintained?

Interactions with threatened species can be both rare and random, however, even small numbers of fishing related deaths can significantly impact on threatened species populations. Independent observer data collected since mid-2010 has shown that many South Australian gillnet fishers were under-reporting the level of interactions with threatened, endangered and protected species, however, the existing data is not sufficient to indicate the exact scale of interactions and additional data is required.

From 1 May 2011, all gillnet fishing vessels operating off South Australia were required to have either an AFMA observer and/or electronic monitoring system onboard the vessel before commencing fishing. These conditions will continue from 1 November 2011.

Q. Why is observer coverage remaining at 10% for gillnet fishing outside the ASL Management Zone and in all shark hook fishing areas in the GHAT?

Under the Australian Sea Lion Management Strategy, AFMA has become aware of significant discrepancies between independent observer data and data from fishing logbooks provided by Commonwealth gillnet vessels off South Australia. At this stage the level of compliance with reporting requirements elsewhere in the fishery is less well understood and additional observer coverage will provide increased confidence in data used to manage the fishery.

For shark hook fishing in the GHAT, and for gillnet fishing in the GHAT outside the ASL Management Zone, 10 per cent independent observer coverage will continue to be required. This will improve the availability and quality of data on species interactions which will underpin future management arrangements.

Q. What is AFMA doing to ensure accurate logbook reporting by fishers?

AFMA will continue to pursue misreporting of fishing activity, including failing to report species interactions, as part of its usual compliance approach.

Q. Will AFMA allow the use of electronic monitoring by cameras instead of observers?

AFMA is confident in the ability of electronic monitoring systems to adequately record interactions with species of conservation concern and will allow the use of electronic monitoring as an alternative to at-sea observers.

To assist fishers in meeting the cost of installing the electronic monitoring systems, the Australian Government provided funding to purchase and install up to 12 systems. Ten of these systems have now been installed with the remaining two units committed for installation soon. There are no additional government funds to assist in the installation of electronic monitoring systems, however, AFMA can assist operators with advice on how to source and install an electronic monitoring system, if they wish to pursue this option.

Q. Why is AFMA requiring the removal of biological material from gillnets before nets can be returned to the water for fishing?

Biological material can attract seabirds and lead to collisions between seabirds and fishing gear. Removal of this material will prevent this occurring.

Q. Why is AFMA prohibiting the discharge of fishing waste (offal) during net setting?

Fishing waste can attract seabirds and lead to them colliding with fishing gear. Discharge of waste when nets are out of the water, or have been fully set, will reduce the risk of collisions occurring.

Most responsible fishers currently avoid offal discharge during net setting, so this measure should not be an issue for most vessels.

Q. Who will be able to convert to using hook methods for shark fishing in the ASL Management Zone?

Gillnet fishers who demonstrated a significant level of effort off South Australian waters during the period 1 July 2009 to 30 December 2010 (based on kilometres of nets used in and out of the zone) will be able to use hook methods for the period of the of the new Temporary Order commencing 1 November 2011.

Q. How many hooks can be used under these new arrangements?

Within South Australian coastal waters, hook numbers will be limited to 400. In Commonwealth waters inside the Australian Sea Lion Management Zone there is no limit on hook numbers.

Q. How long will the Temporary Order, to allow some fishers to use hooks, stay in place?

A Temporary Order under the Fisheries Management Act 1991 can remain in place for a maximum of six months from the time it is made. AFMA will seek to consult with stakeholders about access to the use of hooks before the expiration of the Temporary Order.

Q. How long will the Closure Direction stay in Place?

The current Closure Direction will expire in 18 months. Before that time AFMA will review the success of the strategy and decide whether the closures need to stay in place beyond the 18 month period.

Q. How will AFMA deal with these issues in the longer term?

AFMA will work with the fishing industry, scientists, other stakeholders and the South East Management Advisory Committee to put in necessary management arrangements under the normal procedures of the Act and the relevant fishery management plan prior to the expiry of the Temporary Order.

Q. How will AFMA ensure compliance with these measures?

AFMA requires fishers to provide a minimum of 72 hours notice of an intended fishing trip to enable AFMA to organise an observer, or to test the electronic monitoring system. A fishing vessel carrying gillnet fishing gear will be prohibited from fishing unless an observer is on board or the vessel has a functioning electronic monitoring system. All fishing vessels are also required to have a functioning Vessel Monitoring System (VMS).

AFMA will monitor vessel-fishing activity. If a vessel carrying gillnet gear commences fishing without an AFMA observer or a functioning electronic monitoring system the vessel will be ordered to port.  If the electronic monitoring system or the VMS ceases to function whilst at sea, AFMA may require the operator to return to port.

AFMA will also enhance its port inspections to ensure that fishing vessels have the correct fishing equipment nominated to their boat and logbooks are accurately completed for each fishing trip.

Q. How will the Closure Direction and permit condition provisions be applied to vessels which are at sea on 1 November?

The new management arrangements come into effect 1 November 2011. As these measures maintain closures and conditions listed in the Temporary Order expiring October 31, any vessel at sea will be expected to comply with the new management arrangements.

Q. What can I do if I become aware of illegal fishing activity?

Contact the free AFMA 1800 CRIMFISH number (1800 274 634) or report any such suspected activity on line at www.afma.gov.au