December - Department of the Premier and Cabinet
Transcript of December - Department of the Premier and Cabinet
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SUBJECT
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No.
V. L
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Decision
4.1
Involvement of S.A. Department of Fisheries in the Japanese/Australian
southern bluefin tuna fish farming research and development proposal.
APPROVED - SUBJECT TO MODIFICATIONS AS PROPOSED BY TREASURY & ENVIRONMENT & PLANN=NG D.F. 13/43
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MINUTES forming ENCLOSURE to DF 13/43 (G/Dir/SBT.7)
FOR ENQUIRIES REFER
Mr R K Lewis
Phone: 226 0600
TO THE PREMIER FOR CABINET
SOUTHERN BLUEFIN TUNA FARMING PROPOSAL
1. PROPOSAL
That Cabinet endorse the involvement of the South Australian Department of Fisheries in the Japanese/Australian southern bl- uefin tuna (SBT) fish farming research and development proposal.
2. BACKGROUND
2.1 In recent months the Department of Fisheries has been pursuing an invitation and proposal from the Japanese Overseas Fishery Cooperation Foundation (OFCF), in consultation with the Australian Tuna Boat Owner's Association (ATBOA), to grow out southern bluefin tuna (SBT) in cages in South Australian waters.
2.2 The OFCF is a Japanese government organisation with.a charter for cooperative fisheries developmental/research with an international perspective.
3. DISCUSSION
3.1 The proposal and developments to date have involved a number of steps:
during 1989/90 - 200 juvenile SBT were captured in the Great Australian Bight, transported alive to Port Lincoln and held for' six months in the Lincoln Cove Dangerous Reef viewing platform sea pen. This developed and tested live capture and handling techniques as well as the potential for the "domestication" of SBT;
• during 1990 the OFCF and the ATBOA, encouraged by the success of this experiment, developed a proposal for a trial R & D program in 1990/91. Extensive consultation between the three parties (OFCF, ATBOA and SADOF) has taken place to identify appropriate areas of responsibility and commitments. The result of this consultation is reflected in the attached recommended Memorandum of Agreement (MOA);
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• the draft Implementation Plan (IP) attached to the MOA was devel oped duri ng the recent tri p to Japan by Mr S Cl arke (SADOF) , Mr B Jeffriess (ATBOA) and Mr K Chang (consultant biologist to the ATBOA) . Apart for salary maintenance for Mr Clarke al l costs of this trip were met by the OFCF;
• it is proposed a tripartite MOA be signed to-provide for a pilot grow out program in Boston Bay, Port Lincoln. The necessary applications to the Aquaculture Committee and the Department of Marine and Harbors etc have been lodged and are currently being considered. All parties are aware that proceeding with the proposal is subject on these approvals.
3.2 In summary the MOA provides for:
the OFCF to provide the bulk of the funding for the proposal (estimated to be of the order of $2,000,000 over the period of the project) as well as scientific and support personnel;
the ATBOA to provide the bulk of the operational and support services and personnel. This includes proposed Commonwealth government grants of the order of $500,000;
the SADOF to provide scientific advice and support. The SADOF will take ownership of all equipment provided by the OFCF at the end of the project. This is substantial and includes the sea cages, vehicles, vessels, feed machinery etc. The value of this equipment could be of the order of value $800,000;
3.3 Subject to successful results from the R & D program, it is proposed that the ATBOA pursue full scale SBT grow out operations in South Australia. It is recognised by all parties that any extension to this degree will require additional approvals. The proposed MOA addressed by this Cabinet submission is for the two and a half year R & D program only.
3.4 Cost
Costs to the government can be met from the Department of Fisheries current financial allocation.
Al other costs will be met by the OFCF and. the ATBOA as per the draft Memorandum of Agreement.
At the completion of the project, the Department of Fisheries stands to receive significant capital equipment - estimated at $800,000 purchase cost.
3.4 Staffing
No effect on government staffing. The involvement of Department of Fisheries personnel will be contained within existing staffing levels.
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3.6 Consultation
Extensive consultation has been undertaken between representatives of the OFCF, ATBOA, Department of Fisheries, Department of Industry, Trade and Technology and the Crown Solicitor's Office.
Agreement has been reached between all concerned parties. Clause 10(1) Legal Professional Privilege
4. RECOMMENDATION
It is recommended that
4.1 Cabinet endorse the signing of the agreement by the Minister of Fisheries;
4.2 Cabinet approve the Department of Fisheries participation in the proposal.
(Lynn M F Arnold) MINISTER OF INDUSTRY, TRADE AND TECHNOLOGY MINISTER OF AGRICULTURE MINISTER OF FISHERIES MINISTER OF ETHNIC_AFFAIRS
t 1 t..i. •~ S h~
APPROVED
THIS AGREEMENT is made the day of 1990
BETWEEN:
THE OVERSEAS FISHERY CO-OPERATION FOUNDATION of Akasaka Twin Tower, 17-22 Akasaka 2, Minato-ku, Tokyo, Japan ("OFCF")
AND
THE TUNA BOAT OWNERS ASSOCIATION OF AUSTRALIA INCORPORATED, an association incorporated pursuant to the-Associations Corporation Act, 1985, of Unit 8, 1 Markey Street, Eastwood in the State of South Australia ("ATBOA")
AND
THE MINISTER OF FISHERIES, a corporation sole pursuant to the Fisheries Act, 1982, of 135 Pirie Street, Adelaide in the State of South Australia ("the Minister")
WHEREAS:
A. The parties acknowledge the need to most effectively utilise the
southern bluefin.tuna ("SBT") resource and the desire to further the
development of relations in the field of fisheries between Australia
and Japan.
B. OFCF and ATBOA have agreed on a framework to conduct a research project
to examine the feasibility of farming SBT in the State of South
Australia on the terms and conditions set out in this Agreement.
NOW THE PARTIES AGREE AS FOLLOWS:
1. Title of the Project
The project is designated as the "Collaborative Project" to Examine the
Feasibility of SBT Farming (hereinafter referred to as the "Project").
2. Subject of the Project
The subject of the project will be to conduct a research study on SBT
farming (grow-out).
3. Period of the Project
The Project shall continue from the date of signature to May 31, 1993.
However, the period of the Project can be extended or shortened subject
to agreement between the ATBOA, the OFCF and the appropriate Government
authorities.
4. Site of the Project
The Project will be carried out in the State of South Australia.
5. Implementation of the Project
The Project will be implemented by the OFCF, and the ATBOA according to
the Implementation Plan (hereafter referred to as the "Plan")
separately agreed between the OFCF and the ATBOA and attached as a
schedule to this Agreement. The Minister takes no responsibility for
and is not a party to the Plan which is agreed between the OFCF and
the ATBOA.
6. Tasks and Obligations
(1) The OFCF shall take the following actions at'its own expense:
(a) To dispatch the required number of experts to Australia for
the duration of the Project and for joint meetings as
required.
(b) In conjunction with the ATBOA, the OFCF will provide its
part of such equipment, feed and materials as are necessary
to implement the Project. Of the equipment and materials
provided by OFCF from outside Australia, all shall become
the responsibility of the ATBOA on a CIF basis at Port
Lincoln during the period of the Project. Of the equipment
and materials provided by OFCF from within Australia, all
~~l
shall become the responsibility of the ATBOA at the time
and place of procurement during the period of the Project.
During the period of the project, aforesaid equipment and
materials will be used only for the Project.
(c) During the period of the Project, keep and maintain a
detailed inventory of all equipment and materials provided
by OFCF from outside Australia and from within Australia,
including, but without limiting the generality of the
foregoing:-
(i) floating fish holding facilities
(ii) motor vehicles
(iii) support vessels
(iv) environmental monitoring and other scientific
equipment
(v) food stock mixers
(vi) fish boxes
(vii) aerators
(viii) net washer
("the Inventory") to enable OFCF to fulfil its obligations
pursuant to this Agreement.
(d) At the conclusion of the Project, or earlier termination of
this•Agreement, take all actions and execute all documents
necessary to transfer the ownership of all equipment and
materials, as per the Inventory, to the Minister.
(2) The ATBOA shall take the following actions at its own expense:
(a) To provide technical and operational counterparts who will
co-operate with OFCF experts and officers.
(b) To provide workers necessary for the implementation of the
Project.
(c) To provide warehouse and freezer facilities to store and
maintain equipment, materials and feed used for the
Project.
(d) To provide for the Project the required number of Southern
Bluefin Tuna from the Australian SBT quota.
(e) To obtain all approvals, including necessary licences and
permits, required for the use of marine and other areas for
the execution of the Project.
(f) To obtain approvals for import into Australia of the
equipment and materials mentioned in 6 (1) (b-) and to bear
any duties or other charges payable including storage and
internal transportation fees.
(g) To bear any income tax or other charges on any remuneration
or living expenses of OFCF experts and their families.
(h) To bear any taxes and any other charges applicable to
personal effects, household effects and baggage of OFCF
experts and their families.
(i) To arrange the issue of visas and other approvals required
for entry to and exit from Australia of the OFCF experts
and their families.
(j) To find residence for the OFCF experts and their families.
(k) To fully indemnify OFCF experts against any claims
resulting from acts or omissions performed or made in the
course of their duty in Australia, excluding where such
claims are wholly or partly attributable to the personal or
professional negligence, misrepresentation or wilful
misconduct by OFCF experts.
To provide office facilities for the OFCF experts.
To bear the costs of setup and removal of any equipment
from the Project's farm site.
(3) The Minister shall:-
(a) Nominate an officer of the Department of Fisheries who,
when available, shall attend joint meetings of OFCF and
ATBOA in relation to the Project.
(b) At the conclusion of the Project, or earlier termination of
this Agreement, accept the transfer to him of all equipment
and materials, as itemised in the Inventory.
(c) Provide scientific and management advice for the Project,
at a cost and upon terms and conditions to be agreed
between the Minister, OFCF and ATBOA.
(4) ATBOA and OFCF hereby acknowledge that the Minister does not make
any commitments, accept any obligations, or take on any.
responsibilities except as provided in this Agreement.
7. Risk Bearing
(1) Risks which may arise to life and properties of the OFCF experts
and their families whilst engaged in implementation of the
Project shall be borne by the OFCF.
(2) Risks which may arise to life and properties of counterparts and
workers provided by the ATBOA and the SA Government will be borne
by each of those organisations, respectively.
8. Indemnity
ATBOA shall indemnify the Minister and the State of South Australia
against any loss, liability, cost, cl.aim, action, demand or expense
arising out of or in connection with this Agreement except such as may
result from the default or negligence of the Minister or the State of
South Australia or that of their or either of their authorised agents,
officers or employees.
9. Project Management Committee
For the purpose of smooth and effective implementation of the Project,
the OFCF and the ATBOA shall set up a Project Management Committee to
review the ongoing management of the Project. The Minister may
nominate a representative to attend meetings of the Committee where he
considers it appropriate.
10. Final Report
The OFCF and the ATBOA shall jointly prepare half-yearly reports and a
final report within six months of completion of the Project. The
Project Management Committee shall be responsible for preparing these
reports; however the ATBOA will ensure that the reports are completed.
The Minister may nominate a representative to participate in the
preparation ,of reports if he considers it appropriate.
11. Others
(1) Matters not set forth in this Agreement shall be decided through
negotiation.
(2) Any disputes or differences that may arise between OFCF and the
ATBOA in connection with interpretation of this Agreement shall
be resolved by mutual consent. The Minister does not accept any
responsibilities or obligations except as provided in this
Agreement. --
(3) This Agreement shall be governed by and construed in accordance
with the law for the time being in force in the State of South
Australia and each party irrevocably and unconditionally submits
to the jurisdiction of the courts of the State of South
Australia.
(4) Details of the research, funding and administrative arrangements
will be contained in the Implementation Plan, agreed to between
OFCF and ATBOA.
In WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed in triplicate in English by their duly authorised persons.
The Common Seal of the OVERSEAS
FISHERY CO-OPERATION FOUNDATION
was hereunto affixed in the
presence of:
President
The Common Seal of the TUNA BOAT
OWNERS ASSOCIATION OF AUSTRALIA
INCORPORATED was hereunto affixed
in the presence of:
President
The Common Seal of the MINISTER OF )
FISHERIES was hereunto affixed ) 'The Minister of Fisheries
in the presence of: )
AS OF 11/22190
DRAFT
IMPLEMENTATION PLAN FOR THE SOUTHERN BLUEFIN TUNA FARMING PROJECT TO BE CARRIED OUT BY THE OVERSEAS FISHERY COOPERATION FOUNDATION
AND THE GOVERNMENT OF SOUTH AUSTRALIA
AND THE TUNA BOAT OWNERS ASSOCIATION OF AUSTRALIA
_This Implementation Plan (hereinafter referred to as "the Plan") has been prepared based on the "MEMORANDUM OF AGREEMENT BETWEEN THE OVERSEAS FISHERY COOPERATION FOUNDATION AND THE GOVERNMENT OF SOUTH AUSTRALIA AND THE TUNA BOAT OWNERS ASSOCIATION OF AUSTRALIA" concluded among the above three Parties and hereinafter referred to as "OFCF", "SA Government" and "ATBOA" respectively.
1. SUBJECT OF THE PROJECT The subject of the Project will be to conduct a feasibility study on SBT farming (grow-out).
2. PERIOD OF THE PROJECT, The Project shall continue from the date of signature to May 31, 1993. However, the period of the Project can be extended or shortened subject to agreement among the Parties.
3. SITE OF THE PROJECT The Project will be carried out in Boston Bay at port Lincoln (see Attachment Two). The use of the site shall follow the procedures laid down in the Aquaculture Development Application by the Parties, as approved or modified as required by the Planning Act, the Crown Lands Act and the Fisheries Act. Among other things, this includes the following:
(1) The site will be marked in accordance with the requirements of the Department of Marine and Harbors.
(2)* A comprehensive monitoring program will be undertaken at the site. It will assess water quality and sediment characteristics resulting from waste accumulation and dispersal, along two transects which are perpendicular to each other and bisect the site.
(3) The possibility of moving TFNs will be assessed so that the Project Parties can develop a contingency plan for dealing with plankton blooms if these should occur at the research site or in relation to other fish farm ventures in South Australia.
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(4j Only government approved antifouling compounds will be used on the nets of the enclosures and chemical treatment of the fish will only be undertaken after seeking veterinary advice and notifying the appropriate government authorities.
(5) Predator netting, if found necessary, will be installed after liaison with the appropriate government authorities.
(B) The site will be frequently inspected for removal of any dead fish and these disposed ashore.
(y)
Net washing may occur on land adjacent to the Port Lincoln docks, or any other approved site. All wastes resulting from this operation shall be disposed of at a suitable site on land.
(8) If the monitoring program detects any significant detrimental effect, the stocking density will be reduced to a level determined by Department of Fisheries to minimize the impact to an acceptable level.
(g) When the area is no longer used for aquaculture it shall be returned to its original state, with all structures being removed. Cost of such reinstatement and removal is to be borne by the ATBOA.
4. STRUCTURE OF SITE
(1 ) Molding Areas
(a) At all times henceforth the fish holding areas on the site shall be referred to as the "Tuna Farming Area" (TFA),
(b) The experimental Project shall initially have three circular TFA's of agreed diameter and depth. At least one of the three shall be a different diameter to maximize the experimental nature of the Project, for example, on stocking densities.
(c) The exact materials to be used in each TFA will be agreed between the Parties, and improved over time as required.
(d) The TFA's will be constructed in Port Lincoln to generate employment in the region.
(e) The exact place and method of installation of the TFA's on the allocated site will be decided by the Project Management Committee (hereinafter referred to as the PMC), as approved by government authorities.
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(f) Regular check for fouling of the TFA's will be made.
(2) Capture of Wild SBT
(a) The pole and line vessels of Port Lincoln fishermen shall be used to catch and transport the young SBT for the Project. At least one vessel will be dedicated to bringing In fish and will carry the Project experts. Special catching and landing techniques will be developed to maintain the health of the fish.
(b) After using various techniques to quieten the fish, they will be placed in the fish tanks of the vessels and transported to the site. Studies will be carried out on the tanks to determine the appropriate stocking density, wall colours, aeration and lighting.
(c) At the site, studies will be made on the best way to transfer the fish from the tanks to the TFA's. Each fish shall be checked for its health. Only those fish assessed to be healthy shall be retained for grow-out.
(d) Before placing in the TFA's, fish may be tagged by an agreed method.
(e) There will be intensive supervision of the fish for an agreed period after the fish are released into the TFA's-
(3) Grow-out Process
(a) The methods, quantity and times of feeding will be decided by the PMC on a flexible basis. The type of issues to be considered include water temperature, optimum feeding times, age of fish, feeding costs, the need to minimize wastes and the need for studies on growth patterns. A general guideline is that the average daily intake of a mixture of wet and dry feed is around 3.% of the body weight of each fish. The actual content of the feed will be flexible on an ongoing basis, taking into account availability and the need for studies of conversion ratios.
(b) Studies on important issues-such as growth rates, fat and oil content, meat colour and market acceptance, will be made by harvesting of an agreed number of fish on a regular basis.
(c) Any indication of abnormal mortality rates shall be investigated immediately to identify the cause and appropriate action taken.
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(4) Environmental Studies
(a) A comprehensive environmental monitoring program is a central part of the Project.
(b) The program will assess water quality and sediment characteristics resulting from waste accumulation and dispersal, along two transects which are perpendicular to each other and bisect each site. A sampling program, developed in consultation with the SA Department of Fisheries, will be used to determine the distance between sampling and photographic points. Initially, the factors which are to be measured at three month intervals include nitrogen and phosphorus concentration, sediment particle size and organic content, Eh, pH, oxygen concentration and changes to the benthic communities.
(5) Other Issues
(a) Ownership of Fish: As the fish will be supplied by ATBOA, they will at all times remain the property of the ATBOA, although decisions on ,harvesting will be made by the PMC.
(b) Insurance: The ATBOA shall endeavour to insure the equipment used in the Project, but not the fish.
(c) Access to the site: Access to the site by other than Project staff will be allowed only with the approval of the ATBOA and or OFCF.
(d) Information: No information regarding the Project shall be released to any person unless it is with the approval of the PMC. AH contact with the media in Australia regarding the Project can only be through the .President of the ATBOA or their delegate. Ongoing and final written assessments and publications of the Project will be the property of the Project Parties.
(e) Budget: The annual and total ongoing budget for the Project shall be set by January 31 each year and reviewed regularly within each year. OFCF and ATBOA will submit their proposed budgets to the PMC for its
consideration and based upon the total budget, will decide the extent of the Project in the following years. All accounts and their reconciliation will be sent to the office at ATBOA who shall be responsible for providing a financial statement each three months to the Project Parties,
M
Reproductive Studies: An agrood number of fish will be retained for life cycle studies, breeding and other related issues.
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P. 8
(6) Attachments
These are,
Attachment One
Attachment Two
Attachment Three
Attachment Four
Attaohment Five
Attachment Six
Attachment Seven
Attachment Eight
Attachment Nine
Project Site - with Depths
Project Site
Shipping Areas
Approved Site Specifications
- Bottom Characteristics of Site
Preliminary Drawing of Tuna Farming Area (TFA)
Equipment needed for Project
Personnel Involved in Project
Work BetWeen Now and Beginning of Project
_S-
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