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Fisheries NSW Assessment of the NSW Ocean Trawl Fishery PREPARED FOR THE DEPARTMENT OF THE AGRICULTURE, WATER AND THE ENVIRONMENT FOR THE PURPOSE OF ASSESSMENT UNDER PART 13 AND 13(A) OF THE ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999
Assessment of the NSW Ocean Trawl Fishery Published by the NSW Department of Primary Industries Assessment of the NSW Ocean Trawl Fishery - Prepared for the Department of Agriculture, Water and Environment for the purpose of assessment under Part 13 and 13(A) of the Environment Protection and Biodiversity Conservation Act 1999 First published April 2021 More information Fiona McKinnon, Fisheries NSW www.dpi.nsw.gov.au OUT21/3020 © State of New South Wales through Regional NSW 2021. The information contained in this publication is based on knowledge and understanding at the time of writing (April 2021). However, because of advances in knowledge, users are reminded of the need to ensure that the information upon which they rely is up to date and to check the currency of the information with the appropriate officer of the Department of Regional NSW or the user’s independent adviser. 1 | NSW Department of Primary Industries, April 2021
Assessment of the NSW Ocean Trawl Fishery
Contents
1 Introduction ..............................................................................................................................5
2 Description of the Fishery ..................................................................................................6
2.1 Species ..........................................................................................................................................6
2.2 Fishing gear ................................................................................................................................8
2.3 Fishing area .................................................................................................................................8
2.4 Management arrangements .................................................................................................8
2.4.1 Input controls ..........................................................................................................................8
2.4.1.1 Limited entry...........................................................................................................................................8
2.4.1.2 Controls on fishing boats...................................................................................................................8
2.4.1.3 Controls on fishing gear .....................................................................................................................8
2.4.1.4 Temporal and spatial closures .........................................................................................................9
2.4.2 Output controls ......................................................................................................................9
2.4.2.1 Total Allowable Catch..........................................................................................................................9
2.4.2.2 Total Allowable Effort ....................................................................................................................... 10
2.4.2.3 Size limits .............................................................................................................................................. 10
2.4.2.4 Commercial catch limits and restrictions .................................................................................. 10
2.5 Number of fishers .................................................................................................................. 11
2.6 Licensing arrangements ...................................................................................................... 12
2.7 Allocation between sectors ................................................................................................ 12
2.7.1 Recreational fishing............................................................................................................ 12
2.7.2 Aboriginal cultural fishing ............................................................................................... 12
2.7.3 Policy for Fisheries Resource Sharing in NSW.......................................................... 13
2.8 Governing legislation ........................................................................................................... 13
3 Management ......................................................................................................................... 13
3.1 Commercial Fisheries Business Adjustment Program .............................................. 13
3.1.1 Share class linkage arrangements ................................................................................ 14
3.2 Marine estate reforms.......................................................................................................... 14
3.2.1 NSW Marine Estate Management Strategy .............................................................. 15
3.3 Compliance .............................................................................................................................. 15
3.3.1 Compliance rates ................................................................................................................ 16
3.5 Consultation processes ....................................................................................................... 17
2 | NSW Department of Primary Industries, April 2021Assessment of the NSW Ocean Trawl Fishery
3.5.1 Ministerial Fisheries Advisory Committee .................................................................. 17
3.5.2 Commercial Fishing NSW Advisory Council .............................................................. 17
3.5.3 Working groups .................................................................................................................. 17
3.6 Cross jurisdictional management arrangements ....................................................... 17
3.7 Threatened, endangered and protected species ....................................................... 18
3.7.1 Frequency and nature of interactions ......................................................................... 19
3.7.2 Scientific observer program ............................................................................................ 20
3.7.3 Management actions taken to reduce interactions and results of such
actions ..................................................................................................................................... 20
3.7.4 Priorities Action Statement ............................................................................................. 21
4 Research and Monitoring ................................................................................................... 22
4.1 Research programs ............................................................................................................... 22
4.2 Relevant research .................................................................................................................. 22
4.3 Monitoring programs........................................................................................................... 23
4.3.1 Stock assessment and reporting ................................................................................... 23
4.3.2 Scientific observer program ............................................................................................ 23
4.3.3 Collection of catch and effort data............................................................................... 24
5 Catch Data ................................................................................................................................ 24
5.1 Total catch and value of the OT Fishery ........................................................................ 24
5.2 Total catch and fishing effort data of primary and key secondary species ...... 24
5.3 Harvest by each sector ........................................................................................................ 25
5.3.1 Recreational fishing............................................................................................................ 25
5.3.2 Aboriginal cultural fishing ............................................................................................... 25
5.3.3 Illegal catch ........................................................................................................................... 25
6 Harvest Strategies ................................................................................................................. 25
7 Status of Target Stock .......................................................................................................... 25
7.1 Species assessed as ‘depleted’ ......................................................................................... 27
7.1.1 Grey (Rubberlip) Morwong ............................................................................................. 27
7.1.2 Silver Trevally ............................................................................................................................. 27
7.1.3 Redfish .................................................................................................................................... 27
7.1.4 Gemfish .................................................................................................................................. 28
7.1.5 Mulloway ................................................................................................................................ 28
8 Impacts of the Fishery on the Ecosystem ..................................................................... 28
3 | NSW Department of Primary Industries, April 2021Assessment of the NSW Ocean Trawl Fishery
8.1 Results of any ecological risk assessments .................................................................. 28
8.2 Nature of the impacts on the ecosystem including impacts on any key
conservation values .............................................................................................................. 29
8.2.1 Management actions taken to reduce the impacts .................................................. 29
9 Report against OT Fishery Conditions of WTO Declaration................................... 30
References ................................................................................................................................................ 31
4 | NSW Department of Primary Industries, April 2021Assessment of the NSW Ocean Trawl Fishery
1 Introduction
This submission has been prepared by NSW Department of Primary Industries (NSW DPI) on
behalf of shareholders in the NSW Ocean Trawl Fishery (the OT Fishery) in order to assist
industry to obtain export approval by leveraging off the comprehensive legislative and policy
framework for fisheries management in NSW.
The following provides a report of the OT Fishery for assessment under Part 13 and 13 (A) of
the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Information
provided follows the recommended content for reports detailed in Appendix B of the
Guidelines for the Ecologically Sustainable Development of Fisheries – 2nd Edition and
consistent with these Guidelines this submission references sections of related documents
including the Environmental Impact Statement on the OT Fishery (EIS), the Fishery
Management Strategy for the OT Fishery (FMS) and the Status of Fisheries Resources in NSW
and Status of Australian Fish Stocks reports.
Table 1 Summary of the OT Fishery as at March 2021
Ocean waters from NSW coastal baseline seaward to the 4,000 metre isobath, subject to
Area
closures to certain methods at some or all times.
• Otter trawl net (fish)
Gear • Otter trawl net (prawn)
• Danish seine trawl net (fish)
• Total Allowable Commercial Catch (Eastern School/Stout whiting, Bluespotted
flathead, Tiger flathead, Silver Trevally, Gemfish)
• Limited entry
Management
• Controls on fishing boats and gear
Controls
• Spatial and temporal closures
• Size limits
• Catch limits
• Eastern king prawn • Silver trevally
• School prawn • Tiger flathead
• Royal red prawn • Sand/ Bluespotted flathead
Primary Species • Balmain bug • Eastern school whiting
• Octopus spp. • Stout whiting
• Cuttlefish • Fiddler shark
• Southern calamari
Catch 2019/20 - 2,984 tonnes
Value 2019/20 - $29.4 million
Sustainable 9
Depleting 1
Stock Status
Recovering 0
(Primary species)
Depleted 0
Undefined 3
5 | NSW Department of Primary Industries, April 2021Assessment of the NSW Ocean Trawl Fishery
2 Description of the Fishery
For the purposes of this submission, the OT Fishery comprises the Ocean Trawl Share
Management Fishery as described in Schedule 1 of the Fisheries Management Act 1994 (the
Act) and Part 3 of the Fisheries Management (Ocean Trawl Share Management Plan)
Regulation 2006 (the SMP). The OT Fishery also includes the Southern Fish Trawl Restricted
Fishery (SFT Fishery) as described in Division 2 of Part 9 (cl.144 – 153) of the Fisheries
Management (General) Regulation 2019 (the FM (G) Regulation).
As described in Schedule 1 of the Act, the OT Share Management Fishery consists of:
a) the use of an otter trawl net (prawns) to take fish from any of the following waters:
(i) inshore waters
(ii) offshore waters
(iii) the waters of Coffs Harbour,
b) the use of an otter trawl net (fish) to take fish from ocean waters that are north of a line
drawn due east from Barrenjoey Headland (other than any waters in which use of an
otter trawl net (fish) is prohibited under the regulations), and
c) the use of a danish seine trawl net (fish) to take fish from ocean waters that are north of
a line drawn due east from Barrenjoey Headland.
As described in Division 2 of Part 9 of the FM(G) Regulation, the Southern Fish Trawl
Restricted Fishery is comprised of the use of an otter trawl net (fish) or a danish seine trawl
net (fish) to take fish (other than prawns) from ocean waters that are not more than 3 nautical
miles from the natural coast line and are south of a line drawn due east of Barrenjoey
Headland.
2.1 Species
A number of fish and invertebrate species are taken in the OT Fishery. The SMP details the
primary and key secondary species (Table 2 and 3) in the OT Fishery, which are those species
that the fishery captures in large quantities or are of high value, on a consistent basis.
Table 2 Primary species taken in the OT Fishery
Common name Scientific name
Eastern king prawn Melicertus plebejus
School prawn Metapenaeus macleayi
Royal red prawn Haliporoides sibogae
Balmain bug Ibacus sp.
Octopus spp. various (Family: OCTOPODIDAE)
Cuttlefish Sepia spp.
Southern calamari Sepioteuthis australis
Eastern school whiting Sillago flindersi
6 | NSW Department of Primary Industries, April 2021Assessment of the NSW Ocean Trawl Fishery
Common name Scientific name
Stout whiting Sillago robusta
Tiger flathead Neoplatycephalus richardsoni
Sand/Bluespotted flathead Platycephalus caeruleopunctatus
Silver trevally Pseudocaranx dentex
Fiddler shark Aptychotrema rostrata
Table 3 Key Secondary species taken in the OT Fishery
Common name Scientific name
Blue swimmer crab Portunus armatus
Squid spp. various (Class: CEPHALOPODA)
Gurnard/Latchet Pterygotrigla andertoni
Pterygotrigla polyomata
Chelidonichthys kumu
John dory Zeus faber
Angel shark Squatina sp.
Flounder spp. various (Family: PLEURONECTIDAE/BOTHIDAE)
Red mullet various (Family: MULLIDAE)
Redfish Centroberyx affinis
Leatherjacket spp. various (Family: MONACANTHIDAE)
Ocean perch Helicolenus barathri
Helicolenus percoides
Mirror dory Zenopsis nebulosus
Sole spp. various (Family: SOLEIDAE)
Rubberlip (Grey) morwong Nemadactylus douglasii
Pink tilefish Branchiostegus wardi
Boarfish Paristiopterus labiosus
Shark spp. Various
Part 2 of the FM (G) Regulation) lists fish that are protected from fishing by all sectors and
from commercial fishing only.
7 | NSW Department of Primary Industries, April 2021Assessment of the NSW Ocean Trawl Fishery
2.2 Fishing gear
Part 4A of the SMP (Fishing Gear) prescribes current limits and/or restrictions on fishing gear
used in the OT Fishery.
For a full description of fishing methods and gear types in the OT Fishery refer to:
• Chapter B1.1.4 a (Gear used in the fishery) (pp 58 – 59) of the EIS, and
• Section 3 a) iv) (Fishing gear used in the fishery) (pg. 20) and 3 a) v) (Boats used in the
fishery) (pg. 21) of the FMS.
2.3 Fishing area
The overall area of the OT Fishery includes all waters north of Barrenjoey Headland (Sydney)
from the coastal baseline seaward to the 4000-metre depth contour (including Coffs
Harbour) and all waters south of Barrenjoey Headland (Sydney) from the coastal baseline to 3
nautical miles. The OT Fishery is also subject to many spatial and temporal closures within
these waters
Refer to the EIS, Chapter B 1.2 a) (Extent of the fishery, pg. 52) and Chapter B 1.3 (Existing
Operational Areas) (pg. 57) as well as Chapter 3 a) ii) (Extent of the Fishery) of the FMS.
2.4 Management arrangements
The OT Fishery is managed under the Act and the regulations made under this Act (refer to
2.8 Governing legislation). The NSW DPI is the State Government agency responsible for the
administration of the Act. The OT Fishery is managed by a combination of input and output
controls.
2.4.1 Input controls
2.4.1.1 Limited entry
The OT Fishery (excluding the SFT Fishery) is a share management fishery and access is
limited to shareholders, or their nominated fishers, who hold sufficient shares to satisfy the
minimum shareholding levels established in the SMP.
The SFT Fishery is a restricted fishery and access is limited to business owners, or their
nominated fishers, who hold an existing endorsement in the fishery.
2.4.1.2 Controls on fishing boats
Boat capacity restrictions are enacted through a combination of boat specific restrictions set
out on fishing boat licences, the SMP, and, for the SFT Fishery, the FM (G) Regulation.
Boats less than 20m in length have not been required to be licensed since 1 May 2019,
however maximum boat limits remain in the SMP and existing licence conditions for boats
greater than 20m.
2.4.1.3 Controls on fishing gear
Part 4A (Fishing gear) of the SMP and Part 3 (Fishing gear) of the FM(G) Regulation prescribes
current limits and/or restrictions on fishing gear used in the OT Fishery including the
8 | NSW Department of Primary Industries, April 2021Assessment of the NSW Ocean Trawl Fishery
mandatory requirement that all otter trawl net (prawns and fish) be fitted with a bycatch
reduction device (BRD) that has been approved for use in the OT Fishery. Information on
BRDs approved for use in the OT Fishery may be found on the NSW DPI website at
www.dpi.nsw.gov.au/fishing/closures/ocean-trawl-bycatch-reduction-devices
Some modifications to otter trawl net (prawns) and otter trawl net (fish) are permitted for use
in the OT Fishery, including to trial gear modifications that may support reduced bycatch and
improved efficiencies. Refer to www.dpi.nsw.gov.au/fishing/commercial/fisheries/ocean-trawl
2.4.1.4 Temporal and spatial closures
The SMP, the FM (G) Regulation and the Fisheries Management (Supporting Plan) Regulation
2006 outline a range of spatial and temporal closures relevant to the OT Fishery, including
waters closed permanently to all commercial fishing or class of commercial fishing.
A range of spatial and temporal closures apply to the OT Fishery serving various purposes
including protection of juvenile stock, resource sharing between sectors, and to protect the
biophysical environment. Given the significant spatial and temporal variability in bycatch an
adaptive closure program is also used to respond to short term bycatch issues (e.g. off river
entrances following flood events, and to protect juvenile mulloway and prawns).
Fishing closures specific to the OT Fishery that are authorised under the Act can be found on
the NSW DPI website at https://www.dpi.nsw.gov.au/fishing/closures/commercial
The OT Fishery is also subject to a range of spatial closures arising from the comprehensive
network of marine protected areas that include marine parks and aquatic reserves in which
commercial fishing is restricted or not permitted.
2.4.2 Output controls
2.4.2.1 Total Allowable Catch
Total Allowable Catch (TAC) arrangements for the OT fishery (excluding SFT) commenced on
1 May 2019. TACs are determined for each fishing period between 1 May and 30 April in each
year for quota managed species (Table 4). The statutory and independent Total Allowable
Fishing Committee, established under the Act, determined the TACs for the OT fishery for the
2020/21 fishing period and is responsible for determining the TAC for 2021/22 TAC. For
further information refer to https://www.dpi.nsw.gov.au/fishing/commercial/total-allowable-
fishing
Table 4 Total Allowable Catch
2019/20 TAC 2020/21 TAC
Species
(tonnes) (tonnes)
Eastern school and Stout whiting
1189.1 898.1
(combined)
Bluespotted flathead 108.1 108.1
Tiger flathead 166.9 166.9
Silver trevally 26.8 26.8
Gemfish 0 (Daily and possession limit of 50kg applies)
9 | NSW Department of Primary Industries, April 2021Assessment of the NSW Ocean Trawl Fishery
2.4.2.2 Total Allowable Effort
Total Allowable Effort (TAE) arrangements for the prawn trawl sector of the OT fishery
commenced on 1 May 2019. TAE’s are determined for each fishing period between 1 May
and 30 April in each year, with the current TAE set as a transitional arrangement to 2024
(Table 5). Quota usage is determined by the size (standardised hull units) of the vessel used
each fishing day.
Table 5 Total Allowable Effort
Endorsement TAE (Standardised hull unit days)
Inshore and Offshore prawn 542,000
2.4.2.3 Size limits
Minimum legal lengths (or size limits) apply to a large range of species taken in the OT
Fishery as set out in clause 11 of the FM (G) Regulation.
The following prawn count limits apply for all waters (other than in the Hawkesbury, Hunter
and Clarence Rivers):
• for king prawns - a maximum prawn count of 125 per ½ kilogram (includes mixed
species catches consisting of greater than 10% king prawns by number of individuals),
and
• for all other prawn species - a maximum prawn count of 180 per ½ kilogram.
2.4.2.4 Commercial catch limits and restrictions
Commercial catch limits are implemented via fishing closures and regulations under Act,
those applicable to the OT Fishery include:
• A commercial daily catch limit for any, or any combination of Endeavour Dogfish
(Centrophorus moluccensis), and Greeneye Spurdog (Squalus cholorculus), and a 0
kilogram trip limit [prohibition] on the taking of Southern Dogfish (C. zeehaani) and
Harrison’s Dogfish (C. harrissoni).
• A commercial daily catch and possession limit for various species established under
Schedule 3 of the SMP.
• A range of commercial trip limits apply to commercially important species taken
predominantly in Commonwealth managed fisheries, including Redfish, Morwong,
Ocean Perch and Flathead.
• A trip limit of 50 kilograms (kg) for Gemfish.
Details of commercial catch limits applying to the OT Fishery can be found:
• On the NSW DPI website at www.dpi.nsw.gov.au/fishing/closures/commercial/ocean-
trawl-fishery-closures
• In the OT SMP at https://www.legislation.nsw.gov.au/view/html/inforce/current/sl-
2006-0737#sch-inc-sch.3
10 | NSW Department of Primary Industries, April 2021Assessment of the NSW Ocean Trawl Fishery
The FM (G) Regulation prescribes a range of fish that are protected for conservation reasons
or protected from commercial fishing for resource sharing reasons that cannot be taken in
the OTF Fishery.
2.5 Number of fishers
Access to the OT Fishery is limited to:
• Shareholders, or their nominated fishers, who hold sufficient shares to satisfy the
minimum shareholding levels established for each share class in the SMP. Minimum
shareholdings apply to all share classes in the OT Fishery and are used to determine if
a shareholder (or their nominated fisher) is eligible for an endorsement authorising a
particular commercial fishing activity in respect of that share class.
• Business owners, or their nominated fishers, who hold an endorsement in the SFT
fishery.
There are six types of endorsement available in the OT Fishery corresponding to each share
class, with a single endorsement type for SFT. Table 6 provides a description of the
commercial fishing activity authorised by each endorsement in the OT Fishery and the
number of endorsement holders for each share class.
Table 6 OT Fishery endorsements, the commercial fishing activities they authorise and the
number of endorsement holders (as at March 2021)
Number of Shareholders
Endorsement Type Commercial Fishing Activity
(and endorsement holders)
Inshore prawn An inshore prawn endorsement authorises the holder to 120 (108)
take fish using an otter trawl net (prawns) from inshore
waters, and to use a try net (prawns) to facilitate the
taking of fish using the otter trawl net (prawns).
Offshore prawn An offshore prawn endorsement authorises the holder to 112 (98)
take fish using an otter trawl net (prawns) from offshore
waters that are west of the 280 metre (150 fathom) depth
contour, and to use a try net (prawns) to facilitate the
taking of fish using the otter trawl net (prawns).
Deepwater prawn A deepwater prawn endorsement authorises the holder to 32 (15)
take fish using an otter trawl net (prawns) from offshore
waters that are east of the 280 metre (150 fathom) depth
contour, and to use a try net (prawns) to facilitate the
taking of fish using the otter trawl net (prawns).
Fish northern zone A fish northern zone endorsement authorises the holder 34 (28)
to take fish using an otter trawl net (fish) or a danish seine
trawl net (fish) from ocean waters that are north of a line
drawn due east from Barrenjoey Headland (latitude 33°35′
south).
Southern Fish Trawl The southern fish trawl fishery comprises the use of an 23 (23)
otter trawl net (fish) or a danish seine trawl net (fish) to
take fish (other than prawns) from ocean waters that are
not more than 3 nautical miles from the natural coast line
and are south of a line drawn due east of Barrenjoey
Headland.
11 | NSW Department of Primary Industries, April 2021Assessment of the NSW Ocean Trawl Fishery 2.6 Licensing arrangements For relevant licensing arrangements refer to the NSW Commercial Fisheries Administration Guide, May 2019, on the NSW DPI website at https://www.dpi.nsw.gov.au/fishing/commercial/licensing-forms 2.7 Allocation between sectors Refer to the Status of Fisheries Resources in NSW and Status of Australian Fish Stocks reports for landings of OT Fishery primary and key secondary species by other NSW commercial fisheries and, where available, estimated recreational catch. Reports are available at https://www.dpi.nsw.gov.au/content/research/fishing-aquaculture/sustainable-fish-harvest- program A number of performance indicators included in the FMS, used as part of the FMS performance monitoring process, relate to resource sharing. The purpose of these performance indicators is to detect large shifts in catch of key species, over time, between a) the commercial and non-commercial sectors, b) among each commercial fishery in NSW, and c) among methods or endorsement types within a fishery. NSW DPI’s Fisheries, Aquaculture and Aquatic Conservation Key Highlights and Statistics 2014- 15 was the last publication that provided a consolidated report on FMS performance against performance indicators and trigger points. Further information is available at www.dpi.nsw.gov.au/fishing/fisheries-key-highlights-and-statistics 2.7.1 Recreational fishing The level of interaction between the OT Fishery and recreational fishers off NSW could be described as relatively low. Ocean trawlers generally operate further offshore than most recreational fishers, however on some occasions when trawlers are targeting inshore species (e.g. school prawns, sand flathead, southern calamari or school whiting) there is potential for interaction between the sectors. NSW DPI has completed the Survey of Recreational Fishing in New South Wales and the ACT 2013/14 (West et al., 2015) which provides a range of information, including new estimates of recreational catches. Further information is available at https://www.dpi.nsw.gov.au/fishing/recreational/resources/research-surveys/recreational- fishing-survey 2.7.2 Aboriginal cultural fishing Aboriginal cultural fishing is defined in the Act as “fishing activities and practices carried out by Aboriginal persons for the purpose of satisfying their personal, domestic or communal needs, or for educational or ceremonial purposes or other traditional purposes, and which do not have a commercial purpose”. Daily cultural fishing needs are currently provided for by the Aboriginal Cultural Fishing Interim Access Arrangement which allows for extended bag and possession limits, as well as other special arrangements, for cultural fishing activities. Special provisions also exist under the Act to accommodate access to fisheries resources beyond what the current cultural 12 | NSW Department of Primary Industries, April 2021
Assessment of the NSW Ocean Trawl Fishery
fishing rules provide for through a permit system (for events such as for a large cultural
gathering or ceremonies).
Aboriginal cultural fishing activity and possession of fish and/or fishing gear must comply
with the current fisheries legislation i.e. size limits of fish as prescribed in the FM (G)
Regulation apply to Aboriginal cultural fishing activities.
While the relationship between Aboriginal cultural fishing and the OT Fishery is probably not
as direct as with the inland, estuarine or beach-based fisheries, there are possible linkages
with many of the species caught by the OT Fishery which spend part of their life cycle in
estuaries or nearshore waters.
Further information can be found on the NSW DPI website at
www.dpi.nsw.gov.au/fishing/aboriginal-fishing
2.7.3 Policy for Fisheries Resource Sharing in NSW
The Ministerial Fisheries Advisory Council (MFAC) has developed a policy - Fisheries Resource
Sharing in NSW - to assist decision making on sharing the State's sustainably exploitable
fisheries resources between the various commercial, recreational, charter and Aboriginal
cultural fishing sectors in accordance with the objects of the Act.
Further information can be found on the NSW DPI website at
https://www.dpi.nsw.gov.au/fishing/consultation/supporting-documents/fisheries-resource-
re-allocation-proposals
2.8 Governing legislation
Relevant current legal instruments include:
• Fisheries Management Act 1994
• Fisheries Management (General) Regulation 2019
• Fisheries Management (Supporting Plan) Regulation 2006
• Fisheries Management (Ocean Trawl Share Management Plan) Regulation 2006
3 Management
3.1 Commercial Fisheries Business Adjustment Program
The OT Fishery has recently been through one of the most comprehensive reforms in its
history, known as the Commercial Fisheries Business Adjustment Program (BAP). The object
of the BAP was to provide greater certainty and ensure the long-term viability and
sustainability of the NSW commercial fishing industry.
As a result, new consultation and governance arrangements apply, the number of
shareholders in the OT Fishery has been rationalised, and new share linkages (including
implementing TAC and TAE’s for the OT Fishery as described in this report) have been fully
implemented, with the process to streamline current management controls to improve
fishing efficiency now underway through consultative process.
13 | NSW Department of Primary Industries, April 2021Assessment of the NSW Ocean Trawl Fishery
3.1.1 Share class linkage arrangements
Implemented share linkage arrangements in the OT Fishery are characterised by increases in
the minimum shareholding requirements, the introduction of catch and effort quotas and
ancillary changes (Table 7).
Table 7 Summary of the OT Fishery share class linkage arrangements
Share Class Share Linkage
Offshore prawn / Inshore a) All fishers must hold the minimum shareholding of 50 shares to be
prawn endorsed to fish from December 2017 (increased from 40 shares).
b) A catch quota for tiger flathead, blue spotted flathead, Eastern school and
stout whiting combined) commenced from 1 May 2019.
c) Effort quota (hull unit days) commenced from 1 May 2019.
d) Upon commencement of effort quota:
• the current maximum headline lengths were replaced with a
standard headline length of 55 metres, and
• boat licences were not required for boats less than 20 metres in
length.
e) Engine power restrictions were removed from December 2017.
Fish trawl (Northern zone) a) All fishers must hold the minimum shareholding of 50 shares to be
endorsed to fish from December 2017 (increased from 40 shares).
b) A catch quota for tiger flathead, blue spotted flathead, silver trevally,
gemfish, Eastern school and stout whiting combined) commenced from 1
May 2019.
c) Upon commencement of catch quota boat licences were not required for
boats less than 20 metres in length.
Deepwater prawn All fishers must hold the minimum shareholding of 25 shares to be endorsed to
fish from December 2017 (increased from 20 shares).
Southern fish trawl Not part of the BAP
3.2 Marine estate reforms
The NSW marine estate includes the ocean, estuaries, coastal wetlands (saltmarsh, mangroves
and seagrass), coastline including beaches, dunes and headlands, coastal lakes and lagoons
connected to the ocean and islands including Lord Howe Island. It extends seaward out to
three nautical miles and from the Queensland border to the Victorian border.
In March 2013, in response to the Report of the Independent Scientific Audit of Marine Parks in
NSW, the NSW Government announced a new approach to managing the marine estate,
driven by two new advisory bodies established under the Marine Estate Management Act
2014 – the Marine Estate Management Authority (MEMA) to oversee management of the
marine estate with expert advice from the independent Marine Estate Expert Knowledge
Panel.
The MEMA developed a Threat and Risk Assessment Framework to provide a robust and
transparent process for identifying threats and risks to the marine estate. The framework
outlines how to conduct assessments to account for threats and risks to environmental,
economic and social benefits associated with the marine estate that contribute to community
wellbeing.
14 | NSW Department of Primary Industries, April 2021Assessment of the NSW Ocean Trawl Fishery
3.2.1 NSW Marine Estate Management Strategy
The NSW Marine Estate Management Strategy 2018-2028 outlines strategies to protect and
enhance waterways, coastline and estuaries over the strategy period.
Actions in the Strategy have been determined by:
• the range of values people have for the marine estate – social, cultural, environmental
and economic
• how to tackle the most significant threats to these values (identified in the statewide
Threat and Risk Assessment)
• widespread stakeholder and community feedback.
The Strategy delivers outcomes through the following initiatives:
• Improving water quality and reducing litter
• Delivering healthy coastal habitats with sustainable use and development
• Planning for climate change
• Protecting the Aboriginal cultural values of the marine estate
• Reducing impacts on threatened and protected species
• Ensuring sustainable fishing and aquaculture
• Enabling safe and sustainable boating
• Enhancing social, cultural and economic benefits
• Delivering effective governance
Further information is available at https://www.marine.nsw.gov.au/marine-estate-
programs/marine-estate-management-strategy
3.3 Compliance
The Fisheries Compliance Unit (FCU) is focused on optimising compliance with the Act,
the Marine Estate Management Act 2014 and their associated regulations. The FCU uses
project tasks and sub-programs, covering functional areas such as aquaculture and
commercial fishing, to achieve risk-based regulation and compliance objectives through
education and enforcement. The FCU is separated into seven geographic compliance zones,
with a State-wide Operations and Investigations Group that undertakes major/complex
investigations, and the Conservation and Aquaculture Group that provides specialist
capabilities in aquatic habitat compliance management. The FCU also provides compliance
services to five of the six marine parks in NSW. Prosecutions are an important tool in
providing effective deterrence and are also managed by the FCU, utilising a detailed
prosecution management and review process.
The FCU has consistently demonstrated its ability to operate as an effective, safe and
innovative regulator, dealing with a large and sectorial client base. The FCU operates across a
geographically wide, challenging and inherently dangerous environment with many ‘moving’
targets. It has also shown its operational flexibility recently in performing non-traditional
operational and technical roles, including significant contributions to shark mitigation
strategies to help address broader NSW Government initiatives. The FCU contribute to a
range of national and international fisheries compliance forums to help develop strategies to
combat illegal, unregulated and unreported fishing.
15 | NSW Department of Primary Industries, April 2021Assessment of the NSW Ocean Trawl Fishery
NSW DPI Fisheries Compliance Plans are regularly reviewed for progress against the
objectives of the Australian Fisheries National Compliance Strategy (AFNCS). The AFNCS
is used as a reference in developing local compliance strategies and plans to ensure a
consistent approach to fisheries compliance throughout Australia complementing
the National Plan of Action to Prevent, Deter and Eliminate Illegal, Unreported and
Unregulated Fishing.
In July 2016 the Department for Industry created a Resources Regulator to undertake
compliance and enforcement for a broad range of activities in the resource sector, including
commercial and recreational fishing.
The Resources Regulator Advisory Committee has been established to oversee and advise on
major enforcement actions, providing confirmation to the community that these matters are
conducted under law and without fear or favour. The FCU have briefed the Committee on the
regulatory approach of NSW DPI Fisheries Compliance and the opportunities for
improvement.
The FCU are early adopters of the Quality Regulatory Services Initiative (QRSI), and the design
of Fisheries Annual District Compliance Plans has been reviewed and revised several times, to
improve its effectiveness as an outcomes-focused fisheries compliance management tool.
Recent efforts in developing an 'analytics' environment have also allowed the FCU to better
identify changes in compliance activity and outcomes over time. Regular analysis of
compliance data is undertaken to review the effectiveness of compliance initiatives.
To support risk-based compliance, functionality has been embedded into business processes
(i.e. inspections) to identify and address knowledge gaps in fishing rules, support for fisheries
management arrangements and reasons for non-compliance. These insights have been
converted to actions addressing damaging behaviours through education and targeted
enforcement.
A copy of the Fisheries Compliance Enforcement Policy and Procedure along with other
compliance statistics can be found on the NSW DPI website at
https://www.dpi.nsw.gov.au/fishing/compliance/fisheries-compliance-enforcement
3.3.1 Compliance rates
The annual rate of compliance in the OT Fishery is calculated using information from quality
inspections reflected on program activity reports that are completed by NSW DPI fisheries
officers when undertaking inspections of fishers, boats and fishing gear in the OT Fishery
(Table 8).
Table 8 Rates of compliance in the OT Fishery
Year Compliance rate
2016/17 75.34%
2017/18 69.00%
2018/19 81.11%
2019/20 80.30%
16 | NSW Department of Primary Industries, April 2021Assessment of the NSW Ocean Trawl Fishery
3.5 Consultation processes
New consultation arrangements for NSW commercial fisheries have been introduced since
November 2012 following the Independent Report into NSW Commercial Fisheries Policy,
Management and Administration.
Further information on consultation arrangements is available on the DPI website at
https://www.dpi.nsw.gov.au/fishing/commercial/consultation
3.5.1 Ministerial Fisheries Advisory Committee
The MFAC is established to provide the Minister for Primary Industries with high-level
strategic policy advice on issues relating to the management of fisheries resources in NSW.
This includes broad advice to assist with the management of commercial fishing,
recreational/charter fishing and Aboriginal cultural fishing as well as issues which impact
across fisheries and sectors such as resource sharing, co-management, cost recovery and
ecosystem based fisheries management.
3.5.2 Commercial Fishing NSW Advisory Council
The Commercial Fishing NSW Advisory Council (Commfish NSW) is established to provide
greater industry representation and input to the Minister for Primary Industries on strategic
and policy issues relating to the commercial fishing industry in NSW.
The Council operates under a Charter which sets out the objectives and mode of operation of
the Council and the roles and responsibilities of members.
3.5.3 Working groups
Task based working groups are formed on an as needs basis to provide expert advice on
specific issues. Once the task assigned to the working group is complete the working group
will be disbanded. Working group members are appointed by the Deputy Director General,
DPI Fisheries based on skill and expertise relevant to the tasks assigned to the working group.
The policy Fisheries non-statutory working groups: Establishment and Governance is designed
to ensure that working groups are established and operated in a consistent, efficient and
effective manner in line with best practice governance arrangements.
3.6 Cross jurisdictional management arrangements
NSW DPI continues to work with the Commonwealth and Fisheries Queensland to develop
complementary arrangements for shared resources. For example:
• NSW DPI and the Australian Fisheries Management Authority are working co-
operatively to address key Offshore Constitutional Settlement (OCS) issues including
rationalising the management of commercial fisheries that harvest fish stocks shared
with other jurisdictions, which are governed by existing OCS agreements.
• The NSW Strategy to assist the rebuilding of Harrisson’s and southern dogfish
populations includes management actions that complement the Commonwealth
Upper-slope Dogfish Management Strategy.
17 | NSW Department of Primary Industries, April 2021Assessment of the NSW Ocean Trawl Fishery
• NSW DPI provides data for assessments by Commonwealth Resource Assessment
Groups for species which occur off NSW.
• NSW DPI is a participant in the development of the National Plan of Action for
Reducing the Incidental Catch of Seabirds in Australian Fisheries (NPOA- Seabirds).
• NSW DPI is a participant in the Australian Fisheries Management Forum (AFMF).
3.7 Threatened, endangered and protected species
Chapter B2.5 (Risk Analysis of Protected and Threatened Species and Communities) (pp.160-
171) of the EIS identified threatened, endangered and protected (TEP) species that may
interact with the OT Fishery, and potential direct and indirect impacts. Table B2.33 of the EIS
summarises the main areas of risk for TEP species in the OT Fishery (pg.165)
TEP species which interact with the OT Fishery have been subject to a detailed risk
assessment in the EIS. Of the 11 TEP species identified in the EIS, all were Moderate/Low or
Low risk (Table 9).
Table 9 Summary of risks to threatened species from trawling (EIS)
Appendix B2.8 of the EIS provides detailed information supporting the risk assessment for
TEP species.
Further assessment of the OT Fishery has been undertaken through the NSW Marine Estate
Statewide Threat and Risk assessment. Further information is available at
https://www.marine.nsw.gov.au/marine-estate-programs/threat-and-risk-assessment
18 | NSW Department of Primary Industries, April 2021Assessment of the NSW Ocean Trawl Fishery
In May 2012 the Scalloped Hammerhead Shark (Sphyrna lewini) was listed as an endangered
species and the Great Hammerhead Shark (Sphyrna mokarran) was listed as a vulnerable
species under the Act. Offences apply for buying, selling, possessing or harming a Great
Hammerhead or Scalloped Hammerhead Shark or for damaging their habitat without a
specific permit, licence or other appropriate approval. Any incidentally caught Great
Hammerhead or Scalloped Hammerhead Sharks must be immediately released with least
possible harm, or if deceased, must be discarded.
In June 2013 Harrisson’s Dogfish (Centrophorus harrissoni) and Southern Dogfish (C.
zeehaani) were listed as Conservation dependent under the EPBC Act.
3.7.1 Frequency and nature of interactions
Mandatory reporting of TEP species interactions was implemented in the OT Fishery in 2005.
Interactions as reported by endorsements holders in the OT Fishery for the period 2016/17 –
2019/20 are provided in Table 10.
Table 10 TEP species interactions as reported by endorsement holders in the OT Fishery*
Total
Year Method Species Type of interaction interactions
reported in year
2016/17 No interactions
reported
2017/18 No interactions
reported
2018/19 Prawn trawl Grey Nurse Shark Caught, discarded healthy 1
Syngnathidae Caught, discarded healthy 6
Syngnathidae Caught, discarded distressed 11
Syngnathidae Caught, discarded dead 4
Fish Trawl Australian Fur Seal Caught, discarded healthy 1
Turtle Not specified, healthy 1
2019/20 Prawn Trawl Syngnathidae Caught, discarded distressed 6
White Shark Caught, discarded healthy 1
Fish Trawl Australian Fur Seal Caught, discarded dead 4
Turtle Caught, discarded healthy 1
*Data subject to ongoing validation
19 | NSW Department of Primary Industries, April 2021Assessment of the NSW Ocean Trawl Fishery 3.7.2 Scientific observer program A cross-fishery scientific observer program is in place to inform composition and levels of bycatch in NSW commercial fisheries. The program focuses on one fishery or fishing method at a time. The order in which commercial fisheries are examined is based on risk and applying multi-criteria decision analysis. The OT Fishery has been the subject of recent observer coverage for fish trawl - northern (2014–2016) and prawn trawl (2017–2019). Preliminary results from completed field work is provided below and a final report is currently being prepared. Preliminary observer results for the fish trawl (northern) component of the OT Fishery found low levels of interaction between vessels and fishing gears with species listed as threatened and/or protected observed during the study. A total of three Flesh-footed Shearwaters (Puffinus carneipes) were caught and discarded dead during observed fisher days. A single Grey Nurse Shark (Carcharias taurus) was caught during observed fishing days and, one White shark (Carcharodon carcharias) was observed swimming in the vicinity of a trawl vessel while the catch was being landed. The Grey Nurse Shark was released alive upon gear retrieval and, was observed to swim down and away from the vessel upon release. Preliminary observer results for the prawn trawl component of the OT Fishery also found low levels of interaction between vessels and fishing gears with species listed as threatened and/or protected observed during the study. These interactions comprised, Grey Nurse Shark (Carcharias taurus), Herbst Nurse Shark (Brachaeluridae undifferentiated) and several species of Syngnathidae. A total of one Grey Nurse Shark and one Herbst Nurse Shark were caught during observed fishing days, each recorded during separate fisher days within the central region. Both individuals were alive upon gear retrieval and, were observed to swim down and away from the vessel upon release. During the study, 133 Syngnathids were observed to be caught from 19 separate fisher days. Observed catches in the central region were greater than the northern region with totals of 103 and 30 individuals caught, respectively. Catches of Sygnathidae included 93 Bentstick Pipefish (Trachyrhamphus bicoarctatus), 11 Common Seadragons (Phyllopteryx taeniolatus) and 29 undifferentiated Seahorses and Pipefishes (Syngnathidae – undifferentiated). The fate of discarded Syngnathidae is unknown. Additional work is currently being completed to estimate the fishery-wide catch of Sygnatghidae. 3.7.3 Management actions taken to reduce interactions and results of such actions NSW DPI implemented mandatory reporting of TEP species interactions for all commercial fisheries in 2005 and a cross-fishery scientific observer program. Direct management actions implemented in the OT Fishery to reduce interactions with TEP species include: • Implementation of a number of fishery closures specific to Grey nurse shark. • Prohibition of mid-water trawling. • Improving gear for reducing incidental catch. 20 | NSW Department of Primary Industries, April 2021
Assessment of the NSW Ocean Trawl Fishery
• Management arrangements to reduce interactions and mortality associated with the
capture of Harrisson’s Dogfish, Endeavour Dogfish, Southern Dogfish and Greeneye
Spurdog.
3.7.4 Priorities Action Statement
As part of a process for amending threatened species legislation in NSW, the Act was
amended in 2004 to include a requirement for the Director-General of NSW DPI to prepare
and adopt Priorities Action Statements (PAS) for threatened species, populations, ecological
communities and key threatening processes listed on the schedules of the Act.
The PAS:
• Sets out the strategies and actions for promoting the recovery of each threatened
species, population and ecological community to a position of viability in nature and
for managing each key threatening process;
• Establishes priorities for implementation of recovery and threat abatement strategies;
• Establishes performance indicators to facilitate reporting on achievements in
implementing recovery and threat abatement strategies and their effectiveness.
• Contains a status report for each species, population, ecological community and key
threatening process under the Act.
• Sets out a timetable for recovery and threat abatement planning and achievement.
A PAS has been developed for:
Greynurse Shark - listed as a critically endangered species under the Act. The PAS actions for
this species prioritise the actions contained within the National Recovery Plan for Greynurse
Sharks.
Scalloped Hammerhead Shark - listed as an endangered species under the Act. The PAS
actions for this species include, among other things, development of educational and
advisory material to improve species identification. NSW DPI has produced a Hammerhead
Shark identification guide to assist fishers to accurately identify all three species of
Hammerhead Sharks that occur in NSW waters.
Great Hammerhead Shark - listed as a vulnerable species under the Act. The PAS actions for
this species include, among other things, development of educational and advisory material
to improve species identification. NSW DPI has produced a Hammerhead Shark identification
guide to assist fishers to accurately identify all three species of Hammerhead Sharks that
occur in NSW waters.
Great White Shark - listed as a vulnerable species under the Act. The PAS actions for this
species prioritise the actions contained within the National Recovery Plan for Great White
Sharks.
Further information can be found on the NSW DPI website at
https://www.dpi.nsw.gov.au/fishing/species-protection/what-current
21 | NSW Department of Primary Industries, April 2021Assessment of the NSW Ocean Trawl Fishery
4 Research and Monitoring
4.1 Research programs
The NSW DPI Strategic Plan 2019-2023 establishes strategic objectives for DPI’s role in
creating stronger primary industries in NSW. NSW DPI undertakes and facilitates research on
aquatic animals and plants, and their habitats and ecosystems to ensure management receive
the best scientific advice to make informed decisions.
Further information on research programs and outputs can be found on the DPI website at
https://www.dpi.nsw.gov.au/content/research/fishing-aquaculture
4.2 Relevant research
Scientific outputs and NSW DPI published research findings relevant to the OT Fishery can be
found on the NSW DPI website at https://www.dpi.nsw.gov.au/content/research/fishing-
aquaculture#Research-findings
NSW DPI also provides scientific assessments to support determinations of Total Allowable
Catch in the OT Fishery. Further information is available in determination reports available at
https://www.dpi.nsw.gov.au/fishing/commercial/total-allowable-fishing
Examples of scientific outputs and NSW DPI published research findings relevant to the OT
Fishery include:
• West, L.D., Stark, K.E., Murphy,J.J., Lyle, J.M. and Ochwada-Doyle, F.A. 2015. Survey of
Recreational Fishing in New South Wales and the ACT 2013/14. Fisheries Final report
Series No. 146 Department of Primary Industries, pp 170
• Technical workshop to explore mitigation options for TEPS in the Small Pelagic Fishery
– (FRDC 2015)
• Hall, K., 2015. Determining the current status of eastern Australian cephalopod stocks.
Mollusc 2015 conference, 29 November to 2 December 2015, Coffs Harbour
(Presentation only).
• Broadhurst, M., McHugh, M., Sterling, D., 2015. An angle to address benthic-trawl
impacts. Australian Marine Science Assoc Student Conference, oral presentation.
• Balash, C., Sterling, D., Broadhurst, M., Dubois, A. and Behrel, M., 2015. Hydrodynamic
evaluation of a simple sail used in an innovative prawn-trawl otter board. Proceedings
of the 34th international conference on ocean, offshore and Arctic engineering (May
31 to June 5, 2015), St John's, Newfoundland, Canada.
• McHugh, M.J., Broadhurst, M.K., Sterling, D.J., Millar, R.B., Skilleter, G., Kennelly, S.J.,
2015. Relative benthic disturbances of conventional and novel otter boards. ICES Journal
of Marine Science, 72: 2450-2456.
• McHugh, M.J., Broadhurst, M.K., Sterling, D.J. and Millar, R.B., 2015. A 'simple anterior
fish excluder' (SAFE) for mitigating penaeid-trawl bycatch. PLOS One. 10(4): e0123124.
DOI:10.1371/journal.pone.0123124.
• McHugh, M. J., Broadhurst, M. K., Sterling, D. J., and Millar, R. B. 2014a. Comparing and
modifying penaeid beam- and otter-trawls to improve ecological efficiencies. Fish. Man.
Ecol. 21: 299-311. DOI: 10.1111/fme.12079
22 | NSW Department of Primary Industries, April 2021Assessment of the NSW Ocean Trawl Fishery
• Kennelly, S.J. and Broadhurst, M.K., 2014. Mitigating the bycatch of giant cuttlefish
Sepia apama and blue swimmer crabs Portunus armatus in an Australian penaeid-
trawl fishery. Endang Species Res, 26: 161-166. DOI: 10.3354/esr00639
• Gray C., Barnes L., van der Meulen D. E., Kendall B., Ochwada-Doyle F. A. & Robbins W.
D., 2014. Depth interactions and reproductive ecology of sympatric Sillaginidae: Sillago
robusta and S. flindersii. Aquatic Biology, 21: 127-142 (DOI: 10.3354/ab00578).
• Broadhurst, M.K., Sterling, D.J., Millar, R.B., 2015. Traditional vs novel ground gears:
maximising the environmental performance of penaeid trawls. Fisheries Research, 167:
199-206.
• Broadhurst, M.K., Sterling, D.J. and Millar, R. B., 2014. Configuring the mesh size, side
taper and wing depth of penaeid trawls to reduce environmental impacts. PLOS ONE,
9(6): e99434.
4.3 Monitoring programs
The NSW DPI fishery monitoring program includes stock assessment work on key commercial
species; use of scientific observers to record information on catches of target species and by-
catch; collection of catch and effort data; and port monitoring of landed fish products (e.g.
collecting data on fish length and age).
4.3.1 Stock assessment and reporting
NSW DPI assesses and reports on the stock status of 86 harvested marine fish species in
NSW, annually for species managed through TACs and biennially through the national Status
of Australian Fish Stocks (SAFS) initiative.
For other harvested marine fish species in NSW, the most recent stock assessment
information is available as part of the Status of Fisheries Resources in NSW series (most
recently published in 2017) that incorporates a standardised method of reporting including
an annual review and interpretation of available data by fisheries scientists. Catch from all
sectors (including estimates from recreational and, where available, illegal sectors) are taken
into consideration when determining the status of a species.
Refer to the Status of Fisheries Resources in NSW series, NSW 2021 Stock Assessment Reports
and SAFS Reports for further information at:
https://www.dpi.nsw.gov.au/content/research/fishing-aquaculture/sustainable-fish-harvest-
program
https://www.dpi.nsw.gov.au/fishing/commercial/open-for-comment/stock-status-summary-
reports
https://www.fish.gov.au/
4.3.2 Scientific observer program
A cross-fishery scientific observer program is in place to inform composition and levels of
bycatch in NSW commercial fisheries. The program focuses on one fishery or fishing method
at a time. The order in which commercial fisheries are examined is based on risk and applying
multi-criteria decision analysis.
23 | NSW Department of Primary Industries, April 2021You can also read
