Assessment of the NSW Sea Urchin and Turban Shell Fishery
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Assessment of the NSW Sea Urchin and Turban Shell Fishery Published by the NSW Department of Primary Industries Assessment of the NSW Sea Urchin and Turban Shell Fishery - Prepared for the Department of the Environment for the purpose of assessment under Part 13 and 13(A) of the Environment Protection and Biodiversity Conservation Act 1999 First published August 2018 More information Fiona McKinnon, Fisheries NSW www.dpi.nsw.gov.au OUT18/11264 © State of New South Wales through the Department of Industry, 2018. You may copy, distribute and otherwise freely deal with this publication for any purpose, provided that you attribute the NSW Department of Primary Industries as the owner. Disclaimer: The information contained in this publication is based on knowledge and understanding at the time of writing (August 2018). However, because of advances in knowledge, users are reminded of the need to ensure that information upon which they rely is up to date and to check currency of the information with the appropriate officer of the Department of Primary Industries or the user’s independent adviser.
Assessment of the NSW Sea Urchin and Turban Shell Fishery Contents 1 Introduction ....................................................................................................................................................... 4 2 Description of the fishery ............................................................................................................................. 5 2.1 Species ............................................................................................................................................................ 5 2.1.1 Sea Urchin ............................................................................................................................................ 5 2.1.2 Turban shell ......................................................................................................................................... 5 2.2 Method of harvesting................................................................................................................................ 5 2.3 Fishing area ................................................................................................................................................... 5 2.4 Management arrangements ................................................................................................................... 6 2.4.1 Input controls ...................................................................................................................................... 6 2.4.1.1 Limited Access ................................................................................................................................ 6 2.4.1.2 Area closures................................................................................................................................... 6 2.4.2 Output controls .................................................................................................................................. 6 2.4.2.1 Quota management ..................................................................................................................... 6 2.4.2.2 Size limits ......................................................................................................................................... 6 2.5 Number of fishers ....................................................................................................................................... 6 2.6 Allocation between sectors ..................................................................................................................... 6 2.6.1 Recreational fishing .......................................................................................................................... 7 2.6.2 Aboriginal cultural fishing .............................................................................................................. 7 2.6.3 Policy for Fisheries Resource Sharing in NSW ........................................................................ 7 2.7 Governing legislation ................................................................................................................................ 7 3 Management ..................................................................................................................................................... 8 3.1 Licensing arrangements ........................................................................................................................... 8 3.1.1 Licensing conditions specific to SUTS endorsements .......................................................... 8 3.1.2 NSW Commercial Fisheries Administration Guide ................................................................ 9 3.2 Legislation...................................................................................................................................................... 9 3.2.1 Fisheries Management (General) Regulation 2010 ............................................................... 9 3.2.1.1 Real time quota reporting ....................................................................................................... 10 3.3 Fishing closures ......................................................................................................................................... 10 3.3.1 Intertidal Protected Areas............................................................................................................. 12 3.4 Total allowable commercial catch ...................................................................................................... 13 3.5 Marine estate reforms ............................................................................................................................. 13 3.5.1 NSW Marine Estate Management Strategy ........................................................................... 13 2 | NSW Department of Primary Industries, August 2018
Assessment of the NSW Sea Urchin and Turban Shell Fishery 3.5.2 Hawkesbury Shelf marine bioregion assessment ................................................................ 14 3.6 Compliance ................................................................................................................................................. 14 3.6.1 Compliance rates ............................................................................................................................. 15 3.7 Consultation processes........................................................................................................................... 16 3.7.1 Ministerial Fisheries Advisory Committee .............................................................................. 16 3.7.2 Commercial Fishing NSW Advisory Council .......................................................................... 16 3.7.3 Working groups ............................................................................................................................... 16 3.7.4 Total Allowable Fishing Committee .......................................................................................... 17 3.8 Cross jurisdictional management arrangements .......................................................................... 17 3.9 Interaction with threatened or protected species ........................................................................ 17 3.9.1 Frequency and nature of interactions ...................................................................................... 17 3.9.2 Management actions taken to reduce interactions and results of such actions ..... 17 3.9.3 Compliance with TAPs, recovery plans, etc. and also relevant domestic and international arrangements ............................................................................................................................ 17 4 Research and Monitoring ........................................................................................................................... 18 4.1 Research priorities .................................................................................................................................... 18 4.2 Results of any research completed relevant to the fishery ....................................................... 18 4.3 Monitoring programs .............................................................................................................................. 18 4.3.1 Resource Assessment Framework ............................................................................................. 18 4.3.2 Collection of catch and effort data ........................................................................................... 19 4.3.3 Port monitoring ................................................................................................................................ 19 5 Catch data ........................................................................................................................................................ 19 5.1 Total catch and value of the SUTS Fishery ...................................................................................... 19 5.2 Harvest by each sector............................................................................................................................ 20 5.2.1 Recreational fishing ........................................................................................................................ 20 5.2.2 Aboriginal cultural fishing ............................................................................................................ 20 5.2.3 Illegal fishing ..................................................................................................................................... 20 6 Status of target stock ................................................................................................................................... 21 7 Impacts of the fishery on the ecosystem.............................................................................................. 21 7.1 Results of any Ecological Risk Assessments ................................................................................... 21 7.2 Management actions taken to reduce the impacts ..................................................................... 22 8 Report against SUTS Fishery conditions and recommendations of WTO declaration........ 23 9 References ........................................................................................................................................................ 25 Appendix 1 ................................................................................................................................................................ 26 3 | NSW Department of Primary Industries, August 2018
Assessment of the NSW Sea Urchin and Turban Shell Fishery 1 Introduction This submission has been prepared by the NSW Department of Primary Industries (NSW DPI) on behalf of endorsement holders in the NSW Sea Urchin and Turban Shell Restricted Fishery (the SUTS 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 SUTS Fishery for assessment under Part 13 and Part 13(A) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Information provided is based on the headings contained within 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. Table 1: Summary of the SUTS Fishery Area NSW waters Management Controls Limited entry Total allowable commercial catch applied to red sea urchins only Minimum size limits Regulated closed waters Target species Purple sea urchin (Centrostephanus rodgersii) Red sea urchin (Heliocidaris tuberculata) Fishing units 37 fishing businesses Catch (2017) Purple sea urchin – 79.7 tonnes (t) Red sea urchin – 19 t Military turban shell – 6.6 t Sydney turban shell – 2 t Other Turban shell – 5.2 t Value (2017) $742,072 Stock Status Purple sea urchin – Moderately Fished Green sea urchin – Uncertain Red sea urchin – Uncertain Turban shells – Undefined 4 | NSW Department of Primary Industries, August 2018
Assessment of the NSW Sea Urchin and Turban Shell Fishery 2 Description of the fishery The commercial harvest of sea urchins and turban shells is managed as one fishery in NSW. For the purposes of this submission, the fishery comprises the Sea Urchin and Turban Shell Restricted Fishery as declared under Division 1 of Part 9 of the Fisheries Management (General) Regulation 2010 (the FM(G) Regulation) and pursuant to section 111 of the Fisheries Management Act 1994 (the FM Act). 2.1 Species 2.1.1 Sea Urchin There are three main species of sea urchin found in NSW that are targeted by the SUTS Fishery: • Purple sea urchin Centrostephanus rodgersii • Red sea urchin Heliocidaris tuberculata • Green sea urchin H. erythrogramma The main target species are C. rodgersii and H. tuberculata, with only small commercial catches of H. erythrogramma recorded. 2.1.2 Turban shell Two species provide the majority of the commercial harvest of turban shells in NSW, the Sydney turban shell (Turbo torquatus) and the Military turban shell (T. militaris). A third species, the green turban shell (T. undulatus), is less commonly taken. 2.2 Method of harvesting Commercial fishers dive for sea urchins and turban shells using mainly surface supplied compressed air (hookah). Because of their shallow habitat, turban shells are sometimes taken by free diving. Sea urchins are removed using a hook, whilst turban shells are taken by hand. Most fishing operations comprise a diver and deck-hand/compressor operator. Some fishers operate alone, particularly free divers. 2.3 Fishing area Sea urchins and turban shells may be taken commercially and recreationally in all NSW waters except for those waters, as specified in the FM (G) Regulation, in which the taking of sea urchins and turban shells are prohibited (refer to 3.3 Fishing closures below). The SUTS Fishery is also subject to a range of spatial closures arising from the comprehensive network of marine protected areas that include marine parks (pursuant to the NSW Marine Parks Act 1979), aquatic reserves and intertidal protected areas (pursuant to the FM Act). 5 | NSW Department of Primary Industries, August 2018
Assessment of the NSW Sea Urchin and Turban Shell Fishery 2.4 Management arrangements The SUTS Fishery is managed under the FM Act and regulations made under this Act. NSW DPI is the State Government agency responsible for the administration of the FM Act. The SUTS Fishery is managed by a combination of input and output controls. 2.4.1 Input controls 2.4.1.1 Limited Access Access to the SUTS Fishery is limited to fishing business owners that are eligible for an endorsement (authorising the take sea urchin and/or turban shell) in the fishery, or their nominated fisher. Only one person is eligible for an endorsement in respect of each fishing business. 2.4.1.2 Area closures A number of fishing sub-zones have been closed to the SUTS Fishery since 1994 to provide reference points for stock assessment purposes and as refugia (refer to 3.3 Fishing closures below). There are no seasonal closures. 2.4.2 Output controls 2.4.2.1 Quota management The commercial harvest of red sea urchins is subject to an annual Total Allowable Commercial Catch (TACC) of 60 tonnes. The TACC is set by the statutory and independent Total Allowable Fishing Committee (the TAF Committee) established under the FM Act. The TACC is divided equally between all endorsement holders in the SUTS Fishery and the resulting individual quotas are allocated on an annual basis. 2.4.2.2 Size limits There is currently no minimum or maximum size limit for the three species of sea urchins. A minimum size limit of 75 mm (shell diameter) applies to Sydney and Military turban shells. 2.5 Number of fishers There are currently 37 fishing businesses with endorsements to operate in the SUTS Fishery, with 26 of those fishing businesses reporting catch in 2017. 2.6 Allocation between sectors Sea urchin and turban shell are not permitted to be taken in any other NSW commercial fishery. 6 | NSW Department of Primary Industries, August 2018
Assessment of the NSW Sea Urchin and Turban Shell Fishery 2.6.1 Recreational fishing Limitations on the capture of all sea urchin and turban shell species are employed to minimise localised depletion caused by recreational harvesting. Recreational fishers are subject to a bag limit of 10 sea urchins (all species combined), and bag and size limits exist for all species of molluscs, to which the turban shell family relate, including a limit of 20 of any species or a combination of any species and a minimum size limit of 75 mm shell diameter (for Sydney and military turban shells). Intertidal Protected Areas (IPA) have also been established in nine areas around Sydney to protect selected rocky habitats and intertidal species. 2.6.2 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 fishing rules provide for (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. Further information can be found on the NSW DPI website at www.dpi.nsw.gov.au/fishing/aboriginal-fishing 2.6.3 Policy for Fisheries Resource Sharing in NSW The Ministerial Fisheries Advisory Council (MFAC) has developed the 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 www.dpi.nsw.gov.au/fishing/consultation/fisheries-resource-re-allocation-proposals 2.7 Governing legislation Relevant current legal instruments include the Fisheries Management Act 1994 and the Fisheries Management (General) Regulation 2010. 7 | NSW Department of Primary Industries, August 2018
Assessment of the NSW Sea Urchin and Turban Shell Fishery 3 Management 3.1 Licensing arrangements 3.1.1 Licensing conditions specific to SUTS endorsements Licensing conditions are applied to a fishery where there is a need to further clarify aspects of the management of the fishery to ensure sustainability and provide compliance-based provisions. Table 2 describes the licensing conditions specific to the SUTS Fishery. Table 2: Licensing conditions specific to the SUTS Fishery (a) Not on any day undertake any fishing activity unless he/she has contacted the local fisheries office prior to leaving port and reported his/her intended fishing location that day and from which boat ramp the boat will be launched. (b) Carry a suitable measuring device when in possession of, or when attempting to take turban shell, to facilitate compliance with the prescribed minimum size. (c) Upon returning to port, contact the local fisheries office to inform them of the location and time of landing and approximate catch. (d) The license holder shall not permit any abalone endorsement holder to operate from an LFB being used by the license holder, unless the license holder is also endorsed in the Abalone Fishery. (e) Not use an unlicensed crew member in a boat being used by the endorsement holder for the taking of sea urchins or turban shell, except to operate the boat or other equipment on the boat. Note: an unlicensed crew member is not authorised to take sea urchin or turban shell from the fishery on the endorsement holder’s behalf. (f) Not, within the waters to which this Act applies, or on or in any waters adjacent thereto, transfer sea urchin or turban shell from one boat to another boat. (g) Not on any day undertake any fishing activity unless a DPI Sea Urchin and Turban Shell Fishery Catch and Effort Report for that day is in his/her possession. (h) On each day that fishing activity under the endorsement is conducted, complete and submit within 24 hours of the end of the day one or more DPI Sea Urchin and Turban Shell Fishery Daily Catch and Effort Records as issued to the fishing business owner by NSW DPI for that activity according to these conditions and the instructions issued with the catch and effort record forms. (i) Upon landing red urchin, Fishing Business identifying information and Part A of the DPI Sea Urchin and Turban Shell Fishery Daily Catch and Effort Record must be completed for the red urchin catch before the catch leaves more than 50m from the point of landing at the shore. (j) Not loan, give or make available in any fashion to any other person/s DPI Sea Urchin and Turban Shell Fishery Daily Catch and Effort Records issued to his/her possession. (k) At all times keep DPI Sea Urchin and Turban Shell Fishery Daily Catch and Effort Records in a safe place. (l) In the event of any DPI Sea Urchin and Turban Shell Fishery Daily Catch and Effort Record books or used DPI Sea Urchin and Turban Shell Fishery Daily Catch and Effort Records being stolen, lost, 8 | NSW Department of Primary Industries, August 2018
Assessment of the NSW Sea Urchin and Turban Shell Fishery destroyed or damaged, immediately notify the Director-General in writing. (m) Ensure that completed daily DPI Sea Urchin and Turban Shell Fishery Daily Catch and Effort Records are returned to DPI within 24 hours of the weight of the catch being validated. (n) Not on any day be in possession of any sea urchin or turban shell after such sea urchin or turban shell have been landed in NSW unless these sea urchin or turban shell are accompanied by a DPI Sea Urchin and Turban Shell Fishery Daily Catch and Effort Record completed in the required form. (o) Comply with DPI research requirements for daily recording of information for research purposes, as arranged with DPI Researchers. (p) Not, while using any apparatus to facilitate breathing underwater, or while such equipment is on any vessel, take or attempt to take rock lobster by any method, nor have any rock lobster in his/her possession. (q) Not, while using any apparatus to facilitate breathing underwater, or while such equipment is on any vessel, take or attempt to take abalone by any method, nor have abalone in his/her possession, unless endorsed in the Abalone Fishery. (r) At all times comply with the requirements of the Act and the Regulations made under the Act and abide by any instruction relating to the operation of this endorsement, given by an officer of NSW DPI. (s) Not exercise the right to take sea urchin or turban shell for commercial purposes until the conditions of the license have been read and understood. 3.1.2 NSW Commercial Fisheries Administration Guide The NSW Commercial Fisheries Administration Guide summarises the administrative arrangements for commercial fisheries in NSW and has been developed for people who operate in the NSW commercial fishing industry and anyone else who has an interest in the way it is managed. In particular, the guide aims to explain licensing requirements for commercial fishing activities in NSW, and processes relevant to important administrative transactions. The NSW Commercial Fisheries Administration Guide, January 2012, on the NSW DPI website at www.dpi.nsw.gov.au/__data/assets/pdf_file/0009/370818/NSW-Commerical- Fisheries-Administration-Guide.pdf 3.2 Legislation 3.2.1 Fisheries Management (General) Regulation 2010 Clauses 154 – 166 of the FM (G) Regulation provide the specific legislative arrangements under which the SUTS Fishery is defined. In summary the provisions include: • Definitions of endorsements, endorsement holders, entitlement holders, nominated fishers and quota. • Declaration of the SUTS fishery as a restricted fishery. • The classes of endorsements in the restricted fishery (sea urchin or turban shell). • Eligibility criteria for endorsement in the restricted fishery. • Provisions for further entry into the fishery by way of public tender. 9 | NSW Department of Primary Industries, August 2018
Assessment of the NSW Sea Urchin and Turban Shell Fishery • Provision for the nomination of a person to act as a nominated fisher on behalf of an entitlement holder. • Provisions relating to the endorsement of commercial fishing licenses and grounds for refusal of an endorsement (previous convictions, failure to pay fees etc). • Duration of an endorsement in the restricted fishery. • Provisions for the cancellation or suspension of an endorsement (previous convictions, failure to pay fees etc). • Provisions for the determination of a Total Allowable Catch (TAC) by the TAF Committee. • Provision for the establishment of quotas in the SUTS Fishery for the equitable allocation of TAC. • Provisions and administrative procedures for the transfer of quota between entitlement holders. • Special licence conditions for licence holders who nominate fishers to ensure the nominated fish acts within the management provisions of the restricted fishery. • Waters closed to harvesting of sea urchins and turban shells. • Pre-fish and post land reporting requirements (refer to 3.2.1.1 Real time quota reporting below). 3.2.1.1 Real time quota reporting As of 1 December 2017 fishers are required to report fishing activity and quota usage in real time using the FisherMobile App on a mobile device. Fishers are required to use FisherMobile to make a pre-fish report before leaving port or launching place and, if red sea urchins are taken, the fisher must make a post-land report, reporting the validated weight (total weight of red urchin to one decimal place). The post-land report must be made: 1. within 30 minutes and 50m from the point of landing; 2. before transferring red sea urchin into another boat, vehicle, or premises; and 3. before any red sea urchin are moved from NSW. 3.3 Fishing closures For management and stock assessment purposes, NSW has been divided into five fishing regions as described in Table 3. Table 3: Geographical areas of the SUTS Fishery management regions Region Area Region 1 Tweed Heads to Newcastle Region 2 Newcastle to Currarong Region 3 Currarong to Brush Island Region 4 Brush Island to Narooma Region 5 Narooma to Cape Howe 10 | NSW Department of Primary Industries, August 2018
Assessment of the NSW Sea Urchin and Turban Shell Fishery These regions are further divided into sub-zones for management purposes (See Appendix 1 for a schedule of sub-regions). A number of the fishing sub-regions have been closed to commercial SUTS fishing since 1994 to provide reference points for stock assessment purposes and as refugia. Coinciding with the introduction of a TACC for red sea urchins in 2002, changes were made to the system of fishing closures applied to the SUTS Fishery. New fishing closures were introduced in areas previously subjected to intensive fishing and new areas opened, particularly in Region 1 and 2, to spread effort along the coast. Table 4: Waters closed to the taking of sea urchin and turban shells Sub-zone Description Sandon to Red Rock The whole of the waters between a line drawn east from the point 153°19′57.9648″ east, 29°40′25.8456″ south, and a line drawn east from the point 153°14′03.4764″ east, 29°58′52.014″ south. Red Rock to Coffs Harbour The whole of the waters between a line drawn east from the point 153°14′03.4764″ east, 29°58′52.014″ south, and a line drawn east from the point 153°09′11.6064″ east, 30°18′31.8888″ south. Seal Rocks to Broughton Island The whole of the waters between a line drawn east from the point 152°32′09.9384″ east, 32°26′02.3964″ south and a line drawn east from the point 152°17′16.75″ east, 32°35′25.0044″ south. Ex-HMAS Adelaide Reserve The whole of the waters enclosed by the following coordinates: (a) 33°27.887′ S and 151°27.301′ E, (b) 33°27.767′ S and 151°27.374′ E, (c) 33°27.852′ S and 151°27.574′ E, (d) 33°27.973′ S and 151°27.502′ E. Broken Bay to Sydney Harbour The whole of the waters between a line drawn east from the point 151°19′43.8888″ east, 33°34′40.7532″ south, and a line drawn east from the point 151°16′51.2508″ east, 33°49′58.152″ south. Sydney Harbour to Bondi Beach The whole of the waters between a line drawn east from the point 151°16′51.2508″ east, 33°49′58.152″ south, and a line drawn east from the point 151°16′37.146″ east, 33°53′30.9696″ south. Bondi Beach to Botany Bay The whole of the waters between a line drawn east from the point 151°16′37.146″ east, 33°53′30.9696″ south, and a line drawn east from the point 151°13′19.992″ east, 34°00′05.364″ south. Bombo Beach to Werri Beach The whole of the waters between a line drawn east of the point 150°51′23.0616″ east, 34°39′26.8029″ south and a line drawn east of the point 150°50′06.7020″ east, 34°44′04.1820″ south. Currarong to Point Perpendicular The whole of the waters between a line drawn east from the points 150°49′20.4636″ east, 34°58′58.6668″ south, and 150°49′20.4636″ east, 35°00′49.5396″ south and a line drawn east from the point 150°48′16.236″ east, 35°05′39.9084″ south. Inside Jervis Bay The whole of the waters between a line drawn east from the point 150°48′16.236″ east, 35°05′39.9084″ south, and a line drawn east from the point 150°46′06.0456″ east, 35°06′43.992″ south. Malua Bay to Burrewarra Point The whole of the waters between a line drawn east from the point 150°13′51.1356″ east, 35°47′34.5696″ south, and a line drawn east from the point 150°14′07.7244″ east, 35°50′06.0324″ south. Cuttagee Point to Thibbul Inlet The whole of the waters between a line drawn east from the point (Murrah) 150°03′18.2196″ east, 36°29′16.6056″ south and a line drawn east from the point 150°03′27.1296″ east, 36°31′32.7576″ south. 11 | NSW Department of Primary Industries, August 2018
Assessment of the NSW Sea Urchin and Turban Shell Fishery Sub-zone Description Bithry Inlet to Barounda Inlet The whole of the waters between a line drawn east from the point 150°01′12.2052″ east, 36°37′46.8768″ south, and a line drawn east from the point 149°59′41.7444″ east, 36°41′09.3264″ south. Mowarry Point to Saltwater Beach The whole of the waters between a line drawn east from the point 150°00′16.5996″ east, 37°08′29.1552″ south, and a line drawn east from the point 150°00′11.484″ east, 37°10′10.8336″ south. Black Head Anchorage to Nadgee The whole of the waters between a line drawn east from the point Lake 149°58′21.5148″ east, 37°26′26.358″ south, and a line drawn east from the point 149°58′21.1764″ east, 37°27′54.9648″ south. Other fishing closures authorised under Section 8 and Section 11 of the FM Act specific to the SUTS Fishery can be found on the NSW DPI website at www.dpi.nsw.gov.au/fisheries/info/closures/commercial/suts 3.3.1 Intertidal Protected Areas Intertidal protected areas (IPAs) have been established to protect selected rocky habitats and intertidal species. They aim to: • protect intertidal community biodiversity and structure; • provide biological reservoirs of breeding stock so exploited areas nearby can be recolonized or sustained; and • help ensure harvesting of intertidal invertebrates is undertaken at sustainable levels. All IPAs extend from the mean high water mark to 10 meters seaward from the mean low water mark. Collecting seashore animals, such as turban shells and sea urchins is prohibited. Figure 1: Intertidal Protected Areas in NSW 12 | NSW Department of Primary Industries, August 2018
Assessment of the NSW Sea Urchin and Turban Shell Fishery 3.4 Total allowable commercial catch The TAF Committee first determined a TACC of 60 tonnes for red sea urchins for the period 1 January to 31 December 2002 and in each subsequent calendar year. The TACC is allocated equally to each endorsement in the SUTS Fishery. The TACC is capped in proportion to the estimated biomass in each of the five management regions (Table 5). Table 5: Regional distribution of red sea urchin TACC Region Area Sub-zones Annual TACC (kilograms) Region 1 Tweed Heads to Newcastle A – F2 8,000 Region 2 Newcastle to Currarong F3 – L1 28,000 Region 3 Currarong to Brush Island L2 – N3 13,000 Region 4 Brush Island to Narooma P1 – S3 11,000 Region 5 Narooma to Cape Howe T1 – Z5 0 A fishing closure authorised under Section 8 of the FM Act currently prohibits the harvest of red sea urchins in Region 5 of the SUTS Fishery giving effect to the TAF Committee’s recommendation of 0 tonnes for this region. 3.5 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. 3.5.1 NSW Marine Estate Management Strategy In 2017 MEMA released the NSW Marine Estate Threat and Risk Assessment Report (TARA), a state-wide threat and risk assessment for the NSW marine estate. A draft Management Strategy was released for public engagement in late 2017, responding to the priority threats identified in the TARA and provided a framework to coordinate the management of the marine estate over the next ten years. The final Strategy will be released late 2018 together 13 | NSW Department of Primary Industries, August 2018
Assessment of the NSW Sea Urchin and Turban Shell Fishery with an implementation plan and Marine Integrated Monitoring Program that will monitor the progress of the Strategy’s actions and address key knowledge gaps. 3.5.2 Hawkesbury Shelf marine bioregion assessment MEMA has completed an assessment of the Hawkesbury Shelf marine bioregion. The assessment identified social, economic and environmental benefits derived by the community from the marine estate; identified threats and risks to those benefits; evaluated current management arrangements; and developed suggested management initiatives to address threats to marine biodiversity while maximising community benefits. Further information can be found on the NSW Marine Estate website at www.marine.nsw.gov.au/nsw-marine-estate 3.6 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. The FCU monitors compliance and detects around 7,000 offences per year. 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. 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 favor. The FCU have briefed the Committee on the 14 | NSW Department of Primary Industries, August 2018
Assessment of the NSW Sea Urchin and Turban Shell Fishery 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. The FCU is currently developing a monthly performance reporting framework to provide more detailed information on their compliance and enforcement activities by sector. The FCU also features regularly at QRSI-based workshops and forums. 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 can be found on the NSW DPI website at www.dpi.nsw.gov.au/__data/assets/pdf_file/0010/639874/Fisheries- compliance-prosecution-policy-and-procedure.pdf 3.6.1 Compliance rates Compliance with the fisheries legislation is measured by analysis of data recorded in fisheries patrols and operations. Rate of compliance in the SUTS Fishery are shown in Table 6 and 7. Table 6: Compliance rates in the SUTS Fishery Year Compliance Total contacts Comply Non-Comply Rate 2015 33.3% 21 7 14 2016 23% 39 9 30 2017 40.5% 37 15 22 Total 97 31 66 Table 7: Compliance action in the SUTS Fishery Compliance action Number Percentage Field caution 26 32.5% Cancellation – no action 17 21.3% 15 | NSW Department of Primary Industries, August 2018
Assessment of the NSW Sea Urchin and Turban Shell Fishery Compliance action Number Percentage Infringement notice 14 17.5% Prosecution 12 15% Verbal caution 11 13.8% 3.7 Consultation processes New consultation arrangements for NSW commercial fisheries were introduced in November 2012 following the Independent Report into NSW Commercial Fisheries Policy, Management and Administration. 3.7.1 Ministerial Fisheries Advisory Committee The Ministerial Fisheries Advisory Committee (MFAC) has been 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 will include 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. 3.7.2 Commercial Fishing NSW Advisory Council The Commercial Fishing NSW Advisory Council (Commfish NSW) has been 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. Further information can be found on the NSW DPI website at www.dpi.nsw.gov.au/fishing/consultation/ccfnswac 3.7.3 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. Further information can be found on the NSW DPI website at www.dpi.nsw.gov.au/fishing/commercial/consultation 16 | NSW Department of Primary Industries, August 2018
Assessment of the NSW Sea Urchin and Turban Shell Fishery 3.7.4 Total Allowable Fishing Committee The TAF Committee has responsibility under the Act for determining the annual TACC for the SUTS Fishery. The TAF Committee calls for public submission on the appropriate TACC under the requirements of the Act. SUTS Fishery fishing business owners and endorsement holders, relevant industry and community bodies and the community are invited to make submissions on the TACC. The TAF Committee obtains input from participants in the TACC Committee Open Forum and receives written reports from: • DPI Commercial Fisheries Management • DPI Fisheries Compliance • DPI Fisheries Research • Participants in the SUTS Fishery Public submissions and presentations to the TAF Committee are invited in the Open Forum Meeting. Confidential submissions are not discussed publicly and the TAF Committee is able to call for “in-camera” discussions, where appropriate. 3.8 Cross jurisdictional management arrangements No formal cross jurisdictional management arrangements exist. 3.9 Interaction with threatened or protected species 3.9.1 Frequency and nature of interactions Refer to the report Broad-scale interactions between fishing and mammals, reptiles and birds in NSW marine waters (Ganassin and Gibbs, 2005). The method used to harvest urchin and turban shell (by hand) in the SUTS Fishery is target specific and there is likely to be little adverse interaction between the fishery and threatened or protected species, or threatened ecological communities. 3.9.2 Management actions taken to reduce interactions and results of such actions Given the selective harvesting method used in the SUTS Fishery no specific risks have been identified that require a management action. 3.9.3 Compliance with TAPs, recovery plans, etc. and also relevant domestic and international arrangements None of direct influence in the SUTS Fishery 17 | NSW Department of Primary Industries, August 2018
Assessment of the NSW Sea Urchin and Turban Shell Fishery 4 Research and Monitoring 4.1 Research priorities Refer to ‘Fisheries NSW Strategic Research Plan 2014 – 2018’ available on the NSW DPI website at www.dpi.nsw.gov.au/ data/assets/pdf_file/0020/423524/Planning-Strategic- Research.pdf 4.2 Results of any research completed relevant to the fishery Fishery independent data in the form of an initial estimation of stock biomass was completed in 2003 for sea urchin species taken in the SUTS Fishery Worthington and Blount, 2003). The study provides an accurate and robust methodological model for stock assessment and ongoing monitoring of sea urchin stock biomass in NSW. Descriptions of current research projects, scientific outputs and any completed research results by NSW DPI relevant to the fishery can be found on the NSW DPI website at: www.dpi.nsw.gov.au/research/fishing-aquaculture 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 bycatch; 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 Resource Assessment Framework The current Resource Assessment Framework for the assessment of harvested marine fish species harvested in NSW (Scandol, 2004) incorporates a standardised method of reporting on the exploitation status of fish stocks across all commercial fisheries 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. This framework has remained relatively unchanged since it was established in 2004. In 2016 NSW DPI commissioned an external review of the framework to provide advice on whether the current measures or other frameworks best address the future needs for sustainable management of NSW fisheries resources. Key areas outlined in the recommendations related to a transition to the National Status of Australian Fish Stocks (SAFS) reporting framework. Major recommendations focussed on communication between management and research groups and a restructuring of resources to better deliver knowledge to support management of the commercial fishing industry following the implementation of the Commercial Fisheries Business Adjust Program. 18 | NSW Department of Primary Industries, August 2018
Assessment of the NSW Sea Urchin and Turban Shell Fishery 4.3.2 Collection of catch and effort data Catch reporting is an important source of fishery dependant data whereby commercial fishers record and submit all information relating to the catch taken and effort expended in the fishery. Further information about reporting arrangements can be found on the NSW DPI website at www.dpi.nsw.gov.au/fisheries/commercial/catch-effort 4.3.3 Port monitoring Port monitoring involves the collection of length (and age samples where relevant) of a set of commercially targeted species. The species are determined based upon risks assessments (as part of the EIS) and socio-economic values. 5 Catch data 5.1 Total catch and value of the SUTS Fishery Table 8: Catch and value for the SUTS Fishery 2009 - 2017 Year Sea Urchin Sea Urchin Turban Shell Turban Shell Total value Catch Value* Catch Value* (kg) ($) (kg) ($) ($) 2009 18,260 70,203 4,162 8,340 78,543 2010 55,582 267,199 5,622 11,977 279,176 2011 51,786 244,338 4,506 13,786 258,124 2012 80,067 337,169 6,973 20,775 357,944 2013 72,959 329,119 5,115 23,327 352,446 2014 73,003 407,964 4,072 25,080 433,044 2015 81,554 584,762 5,701 38,490 623,252 2016 122,115 943,826 11,296 71,029 1,014,855 2017 99,524 680,831 13,971 61,242 742,072 * based on Sydney Fish Market prices ^ data is subject to ongoing validation Table 9: Sea urchin catch by species (kg) 2009 - 2017 Year Red sea Purple sea Green sea Sea urchin Total urchin urchin urchin other 2009 6,550.6 11,709.7 0 0 18,260.3 2010 6,067 49,515.3 0 0 55,582.3 2011 6,645.3 45,140.3 0 0 51,785.6 2012 6,706 73,342.9 6.5 12 80,067.4 2013 5,544.1 67,320.7 94 0 72,958.8 19 | NSW Department of Primary Industries, August 2018
Assessment of the NSW Sea Urchin and Turban Shell Fishery Year Red sea Purple sea Green sea Sea urchin Total urchin urchin urchin other 2014 4,706 68,295.4 2 0 73,003.4 2015 7,663.2 73,854.6 36 0.6 81,554.4 2016 18,100.7 103,885.7 61 67.5 122,114.9 2017 19,003.5 79,708 797.4 15.1 99,524 ^ data is subject to ongoing validation Table 10: Turban shell catch by species (kg) 2009 - 2017 Year Military Sydney Green turban Turban shell Total turban shell turban shell shell other 2009 2,847.3 4,61.4 0 853 4,161.7 2010 3,655 1,395 0 572 5,622 2011 3,504.5 649.5 35.5 316.5 4,506 2012 4,685.9 1,249.9 77.5 959.3 6,972.6 2013 4,439.9 164.5 27.5 483 5,114.9 2014 2,927.7 707 83.1 354.4 4,072.2 2015 3,414.4 1,163.1 37.5 1,085.8 5,700.8 2016 4,945.7 1,550.3 117.6 4,682.6 11,296.2 2017 6,673.5 2,051.9 363.3 4,882.3 13,971 ^ data is subject to ongoing validation 5.2 Harvest by each sector 5.2.1 Recreational fishing The extent of the recreational harvest of sea urchins is not known but is likely to be less than 5 tonnes, although recreational fishing pressure at local scales can have substantial effects on local urchin populations. The recreational catch of turban shells has not been estimated but is likely to be of a similar magnitude as the commercial harvest. 5.2.2 Aboriginal cultural fishing No estimate available. 5.2.3 Illegal fishing No estimate available. 20 | NSW Department of Primary Industries, August 2018
Assessment of the NSW Sea Urchin and Turban Shell Fishery 6 Status of target stock The exploitation status for each species is assessed at an annual meeting of fisheries scientists and managers from NSW, after consideration of all available relevant information for the species. The exploitation status for each species in the SUTS Fishery is shown in Table 11. Refer to the Status of Fisheries Resources in NSW 2014-15 Summary (NSW DPI, 2017) for further information. Table 11: Exploitation status of target species in the SUTS Fishery Common name Scientific name Exploitation status Red sea urchin Heliocidaris tuberculata Uncertain Purple sea urchin Centrostephanus rodgersii Moderately fished Green sea urchin Heliocidaris erythrogramma Uncertain Sydney turban shell Turbo torquatus Undefined (assessed as a Military turban shell Turbo militaris complex of three species) Green turban shell Turbo undulatus 7 Impacts of the fishery on the ecosystem 7.1 Results of any Ecological Risk Assessments NSW DPI has produced a Review of Environmental Factors (REF) draft document for the SUTS Fishery. The REF aims to identify and assess whether the activity of the SUTS Fishery has any potential impacts on the environment, with all components of the environment being included – biological, ecological, physical, economic and social. The preliminary assessment indicates low or negligible potential ecological impacts on the environment based on the level of activity and harvest levels at the time of the assessment (refer to Table 12). Table 12: Preliminary assessment of potential ecological impacts of the SUTS Fishery on the environment Type of impact Potential impact Ranking Impacts on target fish Overfishing leading to serial depletion All turban species – Low stocks identified as a potential threat, particularly C. rodgersii – Low for H. tuberculata. H. tuberculata – Unknown due to smaller distribution range and past evidence of serial depletion, but low level of activity in the fishery. Impacts on other Divers may disturb threatened or protected Low fauna species inhabiting areas where sea urchins and turban shells are harvested. Harvesting of sea urchins and turban shells Low may reduce a potential source of food for some threatened or protected species. 21 | NSW Department of Primary Industries, August 2018
Assessment of the NSW Sea Urchin and Turban Shell Fishery Type of impact Potential impact Ranking Impacts on other Vessels used by divers in the SUTS Low fauna Fishery may disturb or injure threatened or protected species during transit between port and fishing grounds or during harvesting operations Impacts on habitats Physical damage to reefs or crevices when Negligible removing sea urchins with hooks. Removal of sea urchins reduces the Negligible proportion of microhabitat available under urchins Damage to algal beds from removing sea Negligible urchins or turban shells Ecological impacts - Reduction in density, or depletion of whole Unknown but designated low due to the interactions with patches of Centrostephanus, through low level of activity and small harvest species, harvesting. levels in the fishery assemblages, habitats and There have been no studies on the biological diversity ecological interactions of H. tuberculata with subtidal species assemblages and diversity. There is no information about the effects of removal of turban shells on species assemblages and biodiversity in the SUTS Fishery. 7.2 Management actions taken to reduce the impacts The FM Act and the FM(G) Regulation provide a comprehensive legislative framework through which the SUTS Fishery operates and provides for management actions that aim to address the potential impact of the SUTS Fishery on the target stock. This includes the introduction of a TACC for red sea urchins (H. tuberculata) in 2002 and a system of regulated closed waters. The TACC for red sea urchins is capped in each of the five management regions in proportion to the estimated biomass of red sea urchins in each region. A fishing closure authorized under Section 8 of the FM Act currently prohibits the harvest of red sea urchins in Region 5 of the SUTS Fishery giving effect to the TAF Committee’s determination of 0 tonnes for this region. Additionally, coinciding with the introduction of a TACC for red sea urchins, changes were made to the system of closed waters applied to the SUTS Fishery with new fishing closures introduced in areas previously subjected to intensive fishing and new areas opened, particularly in Region 1 and 2, to spread effort along the coast. 22 | NSW Department of Primary Industries, August 2018
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