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APPLICATION TO THE DEPARTMENT OF THE ENVIRONMENT AND ENERGY ON THE

SOUTH COAST CRUSTACEAN MANAGED FISHERY

Against the Guidelines for the Ecologically Sustainable Management of Fisheries

November 2016

DEPARTMENT OF FISHERIES, WESTERN AUSTRALIA 168-170 ST. GEORGES TERRACE

PERTH, WESTERN AUSTRALIA, 6000

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TABLE OF CONTENTS 1. BACKGROUND .................................................................................................1

2. OVERVIEW OF THE SOUTH COAST CRUSTACEAN MANAGED FISHERY .2

3. SUMMARY OF CHANGES IN THE FISHERY ...................................................3

4. SUMMARY OF PROGRESS AGAINST CONDITIONS OF THE APPROVED WILDLIFE TRADE OPERATION FOR THE SOUTH COAST CRUSTACEAN MANAGED FISHERY .......................................................................................7

5. SUMMARY OF PROGRESS AGAINST RECOMMENDATIONS OF THE APPROVED WILDLIFE TRADE OPERATION FOR THE SOUTH COAST CRUSTACEAN FISHERY 8

6. APPENDICES……………………………………………………………………… 9

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1. BACKGROUND

This is an application to the Department of the Environment and Energy (DotEE) to re-assess the South Coast Crustacean Managed Fishery (the Fishery) against the Guidelines for Ecologically Sustainable Management of Fisheries (the Guidelines), under Part 13 and 13A of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). The application is made by the Department of Fisheries Western Australia (DoFWA). Previous Assessments In May 2004, the DoFWA submitted an application to the (then) Department of Environment and Heritage (DEH) for assessment of the Fishery against the Guidelines. On 17 September 2004, the (then) Minister for the DEH approved an amendment to the list of exempt native specimens to include all product taken in accordance with the Fishery, including;

southern rock lobster (Jasus novaehollandiae and J. edwardsii),

western rock lobster (Panulirus cygnus),

crystal crab (Chaceon spp),

giant crab (Psuedocarcinus gigas), and

champagne crab (Hypothalassia armata),

effectively declaring the Fishery as exempt from Part 13 and 13A of the EPBC Act and an approved Wildlife Trade Operation (WTO). Since first acquiring its exempt status, the Fishery has remained exempt from Part 13 and 13A of the EPBC Act. In August 2007, the DoFWA submitted another application for assessment against the Guidelines to the (then) Department of Environment and Water Resources (DEW). On 9 November 2007, the Delegate of the (then) Minister for DEW declared the Fishery an approved WTO until 16 July 2008. This short term approval was based on concerns regarding declining catch rates, the significant amount of latent effort, the lack of robust performance measures and indicators, and insufficient data collection in the Fishery. To address the concerns in the immediate term, the approval was subject to a condition where DoFWA was required to publicly release a discussion paper on proposed new management arrangements to address these issues and identify a way forward for improving the ecological sustainability of the Fishery. Following the release of Fisheries Management Paper 232, ‘The South Coast Crustacean Fishery: A Discussion Paper’ (FMP 232) the WTO was extended to 30 September 2010. In September 2010 a variation to extend the end date to 30 September 2011 was approved to allow more time to implement proposed management arrangements. In August 2011, the DoFWA submitted an application to the (then) Department of Sustainability, Environment, Water, Population and Communities (SEWPaC) to renew the WTO approval for the Fishery. This was approved and renewed until 11 November 2014, subject to a number of conditions and recommendations.

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In October 2015, an additional extension was granted by the (then) Department of Environment (DotE) and expired on 13 November 2016. A further extension was granted by the Department of Environment and Energy (DotEE) and the current WTO approval for the Fishery expires on 30 June 2017. Copies of the Exemption, DoFWA application, SEWPaC assessment reports and letters of approval are available on the DotEE website at the following link: http://www.environment.gov.au/coasts/fisheries/wa/south-coastcrustacean/index.html Re- Assessment Process This report addresses the key management changes in the Fishery over the last three years, as well as the progress of the Fishery against each of the WTO certification conditions and recommendations. The following documentation is provided to assist re-assessment of the Fishery:

copy of the South Coast Crustacean Managed Fishery Management Plan 2015 (Appendix 1),

copies of the status report for the Fishery, published in the annual State of the Fisheries and Aquatic Resources Report for 2012/13, 2013/14 and 2014/15 (Appendices 2, 3 and 4), and

an assessment of the impact of Sea Lion Exclusion Devices (SLEDs) on the catch composition and catch rate of southern rock lobsters and a re-examination of SLED zoning (Appendix 5).

Contact This report should provide sufficient information for DotEE to re-assess the Fishery against the Guidelines under Part 13 and 13A of the EPBC Act. However, should you require any further information regarding the content of this report please contact Michelle Yerman on (08) 9482 7217 or via email michelle.yerman@fish.wa.gov.au

2. OVERVIEW OF THE SOUTH COAST CRUSTACEAN MANAGED FISHERY

The South Coast Crustacean Managed Fishery Management Plan 2015 (Plan) came into effect on 1 July 2015, amalgamating four south coast crustacean fisheries under one consolidated management plan. The fisheries included: the Windy Harbour-Augusta Rock Lobster Managed Fishery, the Esperance Rock Lobster Managed Fishery, the Southern Rock Lobster pot licence fishery operating under Regulation 125 of the Fish Resources Management Regulations 1995 (FRMR) and the deep sea crab fishery operating under Fishing Boat Licence (FBL) Condition 105. Under the Plan, operators employ rock lobster pots to target both rock lobster and deep sea crab. The Fishery is managed through limited entry, input controls (limiting the number of pots that can be used), size limits and seasonal and spatial closures.

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The Fishery extends along the south coast of Western Australia (WA) and is divided into five zones: Zone 1 – Augusta (same boundaries as the previous Windy-Harbour Augusta Rock Lobster Fishery); Zone 2 – Albany; Zone 3 – Esperance (same boundaries as the previous Esperance Rock Lobster Fishery); Zone 4 – Inshore Bight; and an Offshore Bight Zone (OBZ) (Figure 1). In Zones 1 to 4, operators are permitted to take both rock lobsters and deep sea crabs, provided it is within the permitted fishing season. In the OBZ, only deep sea crabs may be taken year round. There are currently 61 Managed Fishery Licences (MFLs) in the Fishery, each holding various numbers of units among the zones.

Zone 1 only 2 MFLs

Zone 2 only 23 MFLs

Zone 3 only 8 MFLs

Zone 4 only 2 MFLs

Zones 2 and 4 26 MFLs

OBZ 61 MFLs

The OBZ is un-unitised, however, a maximum pot number of 200 applies (see section 3.1). Although there are 61 MFLs allowed access to the Fishery, only 27 vessels reported catches in 2014/15 (which reports on 2013/14, the most recent year for which data is available). Additional background information on the Fishery, including historical catch and effort data and stock status information, can be found in the Departments’ Status Reports of the Fisheries and Aquatic Resources of Western Australia 2014/15 (Appendix 4).

3. SUMMARY OF CHANGES IN THE FISHERY

3.1 Management Update

As mentioned in section 2, the Plan came into effect on 1 July 2015 with a focus to reduce the significant amount of latent effort in some areas of the Fishery. Details of management arrangements are specified in FMP 2321, of which key aspects are summarised below. Capacity Implementation of the new Plan resulted in a reduction in maximum number of pots allowed to be fished, which resulted in a reduction in the fishing effort. Although the level of harvest throughout the Fishery was considered to be sustainable, there was significant latent effort in the Albany and Bight zones (i.e. Zones 2 and 4, respectively), therefore the maximum fishing capacity in each of these zones was reduced by 70%. Under the new arrangements, the capacity (in terms of pots that can be fished) for the four Zones are:

Zone 1 – 350

Zone 2 – 653

1 http://www.fish.wa.gov.au/Documents/management_papers/fmp232.pdf

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Zone 3 – 544 and

Zone 4 – 430

The capacity for Zones 1 and 3 have not changed.

Figure 1. Management boundaries of the South Coast Crustacean Managed Fishery.

Entitlements Entitlements for Zones 2 and 4 were determined after consultation between the DoFWA, an Independent Access and Allocation Panel (Independent Panel) and licence holders. As recommended by the Independent Panel (see FMP232), individual entitlements were calculated by dividing 10% of the total available entitlement (i.e. the total number of units (pots) allocated to each zone) equally among persons meeting the criteria to be granted access to that zone. The remaining 90% of each entitlement was allocated based on the MFL holder’s catch history, as approved by the (then) Minister. Fishing Season Seasonal and spatial closures are applicable to each zone and are applied as follows: persons fishing in the Fishery under the authority of an MFL are not permitted to:

fish for rock lobsters in Zones 1, 2 or 4 during the period commencing on 1 July and ending on 14 November in any year,

fish for crustaceans (rock lobster and deep sea crab) in Zone 3 during the period commencing on 1 July and ending on 14 November in any year, and

fish for rock lobster in the OBZ at any time.

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Any rock lobsters caught within season closures are to be released within five minutes of being taken on board or before any other pot is pulled, whichever is first. Offshore Bight Zone The Plan outlines a unique set of arrangements for the OBZ. Importantly, the zone remains un-unitised to allow the Fishery to develop as the fishing potential in this area remains virtually unexplored. The Plan limits each MFL holder (total number 61) to fish with a maximum of 200 pots in the OBZ. Fishing is permitted all year, however only champagne, crystal or giant crabs may be retained. Noting the remote location of the OBZ, vessels that access this area are required to have an approved Automatic Location Communicator (ALC) installed. This allows the DoFWA’s satellite-based Vessel Monitoring System (VMS) to monitor fishing in this area and assist with compliance given the number of pots that may be used. Prior to embarking on a fishing trip, a person must nominate prior to entering the Fishery for the purpose of fishing in the OBZ and provide notification before leaving it. Sea Lion Exclusion Device Zones In considering the merits of management measures to minimise the Fishery’s potential interactions with Australian Sea Lions (ASLs), all areas for 30 km or to the 80 km depth contour around known ASL colonies were closed to fishing, unless the pots fished within them were fitted with a Sea Lion Exclusion Device (SLED). This condition placed on the Fishery by DotEE ensures the Fishery complies with relevant requirements to operate as a WTO under the EPBC Act. The Plan provides a description of the design of SLED to be installed under Clause 26. It is similar to the SLED used in the West Coast Rock Lobster Managed Fishery (WCRLMF). Authorisation holders in Zone 3 of the Fishery have reported potential loss of catch due to the installation of SLEDs in their pots. As a result, MFL holders, operating near ASL breeding colonies, were fishing under an Exemption within the SLED zone without SLEDs installed in pots. This exemption expired on 31 July 2016. The current use and management of SLEDs is still not finalised. As such, the DoFWA has decided to extend the Exemption to permit fishing in SLED zones without a SLED, until 30 June 2017. Recreational Fishery The recreational fishery for rock lobsters2 is primarily managed through gear restrictions and daily catch limits. There are also seasonal and spatial closures as well as catch restrictions based on size limits, females in berry and soft shelled animals that have recently moulted. There is no recreational fishery for deep sea crab.

2 http://www.fish.wa.gov.au/Documents/recreational_fishing/licences/rec_licence_rock_lobster.pdf

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3.3 Stock Assessment Update The Department reports on the status of the Fishery in the annual Status Reports of the Fisheries and Aquatic Resources of Western Australia. The most recent is 2014/15, which provides information up to and including the 2013/14 fishing season. Rock Lobster Western Rock Lobsters are most abundant in Zone 1 of the Fishery, whereas Southern Rock Lobster occurs in greater numbers in Zones 2, 3 and 4. Catch of southern rock lobster was 46.2 t and below the target catch range and slightly lower than the 2012/13 catch of 45.6 t. Figures for western rock lobster are not released due to confidentiality provisions under the FRMA (where there are two or less fishers involved). Deep Sea Crab Deep sea crab is caught in all zones in the Fishery. Most notable for 2013/14 was the increased numbers of crystal crab caught across the entire Fishery. Catch of deep sea crab was 23.8 t, the same as the previous year, comprising 1 t of champagne, 9.9 t of giant and 12.9 t of crystal crab. Fishing effort levels in all areas of the Fishery have been assessed as being acceptable, with adequate breeding stock levels. Further information on the status of the Fishery is provided within the Status Reports of the Fisheries and Aquatic Resources of Western Australia 2014/15, at Appendix 4. 3.3 Research Projects The DoFWA has continued and commenced a number of research projects relevant to the Fishery since the last WTO assessment. These projects are described in detail in Section 5, Recommendation 2. 3.4 Compliance Update General Compliance Activity Compliance activities for the Fishery over the past year were either opportunistic or targeted. Practices include on-land and at-sea inspection of vessels, gear, authorisations and catch. Compliance Risk Assessment The Fishery was covered as part of a Regional Risk Assessment workshop – Southern Region in 2015. Compliance, research and management staff attended. The aims and outcomes of the meeting were as follows:

1. To identify and assess the severity of the compliance risks associated with the

Fishery and provide justifications for the ranking assigned to each risk. This was achieved using a Risk Matrix that measured the Likelihood x Consequences to determine a Severity.

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2. To identify specific compliance strategies for each risk that could be undertaken to obviate the risks identified. A range of compliance methodology initiatives were considered and are currently being trialled.

3. To identify policy, management or legislative deficiencies that may impact on the effectiveness of any compliance activities. This was achieved through internal consultation and review ahead of finalisation of the Plan.

4. SUMMARY OF PROGRESS AGAINST CONDITIONS OF THE APPROVED WILDLIFE TRADE OPERATION FOR THE SOUTH COAST CRUSTACEAN MANAGED FISHERY

Part 13 Condition: DoF [DoFWA], in consultation with relevant experts, is to:

(a) review the proposed management arrangements for protecting Australian

Sea Lions in the Fishery; and (b) ensure appropriate mitigation strategies are in place under the new

management arrangement for the Fishery to minimise interactions with Australian Sea Lions and other protected species.

DoFWA has undertaken extensive consultation with the Western Australia Fishing Industry Council (WAFIC), DotEE and MFL holders to establish management arrangements that will safeguard ASLs. Progress against these conditions is addressed in Appendix 5.

1. Operation of the fishery will be carried out in accordance with the legislated management regime and management arrangements made under the Fish Resources Management Act 1994. As discussed in Sections 2 and 3, the Plan came into effect on 1 July 2015, amalgamating four south coast crustacean fisheries under one consolidated management plan.

2. DoF [DoFWA] to advise DotE [DotEE] of any intended material change to the Fishery’s legislated management regime and management arrangements that could affect the criteria on which the Environmental Protection and Biodiversity Conservation Act 1999 (EPBC Act) decisions are based. Changes to the management arrangements are summarised in Section 3. A copy of the Plan is at Appendix 1. DoFWA will continue to advise DotEE of any material changes to management of the Fishery.

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3. DoF [DoFWA] to produce and present reports to DotE [DotEE] annually as per Appendix B of the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition. This report provides an update to DotEE on the progress of the Fishery from its last WTO assessment. Annual reports for the Fishery are provided in the Status Report of the Fisheries and Aquatic Resources of Western Australia 2012/13, 2013/14 and 2014/15 (Appendices 2, 3 and 4).

5. SUMMARY OF PROGRESS AGAINST RECOMMENDATIONS OF THE APPROVED WILDLIFE TRADE OPERATION FOR THE SOUTH COAST CRUSTACEAN FISHERY

1. Prior to the implementation of the proposed new management arrangements for the fishery, DoF [DoFWA] to:

(a) review risk levels for target species, byproduct, bycatch (including protected

species) and impacts on the marine environment for the SCCF incorporating the proposed management arrangements into the review; and

(b) where appropriate, update or develop new objectives, performance

measures, management responses and information requirements for target species, byproduct, bycatch (including protected species) and the marine environment.

The ecosystem impacts of the Fishery are principally related to the harvesting of target species. The Fishery has a very large fishing area (approximately 1,000 km of coastline) with approximately 100 tonnes of retained catch per year. Given the level of catch and effort in the Fishery and the very large fishing area, serious or irreversible impacts on the ecosystem are highly unlikely. However, noting the considerable latent effort in the Albany (Zone 2) and Bight (Zone 4) and the OBZ, the capacity of each of these zones was reduced by at least 70 percent. The capacity (in terms of pots) for each zone of the Fishery is outlined in the plan as follows:

Zone 1 - 350 pots (no change in capacity),

Zone 2 - 653 pots (previously 3,178 pots),

Zone 3 – 544 pots (no change in capacity),

Zone 4 – 430 pots (previously unlimited number of pots),

OBZ– a person must not use more than 200 pots (previously unlimited number of pots). (Total number of MFL holders with access to the OBZ is 61.)

The pots used in the Fishery have specific size and design requirements. Each pot must not be greater than 0.5 metres in height, 1 metre in length and 1 metre in width. They must have an entrance located on the upper surface no less than 160 millimetres in diameter and an escape gap which conforms to the specifications of Part 3 of schedule 13 of the FRMR3. The gear used in the Fishery generates minimal

3 https://www.slp.wa.gov.au/legislation/statutes.nsf/main_mrtitle_1458_homepage.html

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bycatch and the design of the pots is such that their potential to ‘ghost fish’ if lost is negligible. Legal size limits apply to all species retained. The effects of the removal of lobster and deep sea crabs has been assessed for the West Coast Deep Sea Crustacean Fishery and WCRLMF on the state’s west coast. Both of these fisheries have been assessed as having negligible food chain effects by the removal of crabs and lobsters respectively. Therefore, at current catch levels, it is unlikely that removal of lobster and crabs on the south coast are likely to result in food chain effects. Seasonal and spatial closures have been implemented to protect target species. Fishing for rock lobster is not permitted between 1 July and 14 November in Zones 1, 2 and 4. In Zone 3, fishing for any crustacean is not permitted between 1 July and 14 November, and fishing for rock lobster in the OBZ is not permitted at any time. Fishers must ensure that any rock lobster caught within the periods specified above are released to the sea within 5 minutes of being taken on board or before any other pot is pulled, whichever is first. Potting is considered to have a low impact on the habitat over which the Fishery operates.

2. Within twelve months of implementation of the proposed new management arrangements for the Fishery, DoF [DoFWA] to develop a research strategy for the SCCF [Fishery], in order to identify and prioritise key research needs to meet the management, stock assessment and performance measurements needs of the fishery.

A preliminary Harvest Strategy (HS) was developed as part of the Fishery’s pre-assessment for Marine Stewardship Council (MSC) certification. As the Fishery is limited entry and input-controlled, management outcomes are based around Total Allowable Effort (TAE) or changes to specific measures such as legal minimum size, escape gaps or seasonal/spatial closures. The HS continues to be refined and information is formally presented to Industry for ratification. The introduction of a more detailed log book is currently underway with a view to providing electronic trip based reporting, which will result in more detailed information regarding catch per unit effort and spatial data. Variation in the recruitment of juveniles of main target species (western rock lobster, southern rock lobster and crystal crab) will be examined to aid in the catch prediction and sustainable management of these species. A range of techniques will be trialled including correlative studies between catch rates and environmental variables (e.g. water temperature, current direction and strength), juvenile catch rates (fishers using modified pots to sample under legal size conspecifics) and potentially post larval collectors.

6. APPENDICES Appendix 1 – South Coast Crustacean Managed Fishery Management Plan 2015.

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Appendix 2 – Status reports of the fisheries and aquatic resources of Western Australia 2012/13. Appendix 3 - Status reports of the fisheries and aquatic resources of Western Australia 2013/14. Appendix 4 - Status reports of the fisheries and aquatic resources of Western Australia 2014/15. Appendix 5 – Assessment of the impact of sea lion exclusion devices on catch rate and composition of southern rock lobster.