NSW Estuary General Fishery Assessment 2017 · NSW Estuary General Fishery Assessment ... 7 Impacts...

FISHERIES NSW

NSW Estuary General Fishery Assessment

Prepared for the Department of the Environment and Energy for the purpose of assessment under Part 13 and 13(A) of the Environment Protection and Biodiversity Act 1999

Published by the NSW Department of Primary Industries

Assessment of the NSW Estuary General Fishery - Prepared for the Department of the Environment and Energy for

the purpose of assessment under Part 13 and 13(A) of the Environment Protection and Biodiversity Conservation Act 1999

First published September 2017

More information

Fiona McKinnon, Fisheries NSW

www.dpi.nsw.gov.au

OUT17/14856

© State of New South Wales through the Department of Industry, Skills and Regional Development, 2017. 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 (September 2017). 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.


1 NSW Department of Primary Industries, September 2017

Contents 1 Introduction 3

2 Description of the Fishery 4

2.1 Species 4

2.2 Fishing gear 7

2.3 Fishing area 7

2.4 Management arrangements 7

2.4.1 Input controls 7

2.4.2 Output controls 8

2.5 Number of fishers 8

2.6 Licensing arrangements 10

2.7 Allocation between sectors 10

2.7.1 Recreational fishing 10

2.7.2 Aboriginal cultural fishing 10

2.7.3 Policy for Fisheries Resource Sharing in NSW 10

2.8 Governing legislation 10

3 Management 11

3.1 Commercial Fisheries Business Adjustment Program 11

3.1.1 Share class linkage arrangements 11

3.2 Legislative changes 14

3.3 Marine estate reforms 14

3.3.1 NSW Marine Estate Draft Management Strategy 14

3.3.2 Hawkesbury Shelf marine bioregion assessment 14

3.4 Performance of the fishery against objectives, performance indicators and triggers 15

3.5 Compliance 15

3.5.1 Compliance rates 16

3.6 Consultation processes 16

3.6.1 Ministerial Fisheries Advisory Committee 16

3.6.2 Commercial Fishing NSW Advisory Council 16

3.6.3 Working groups 16

3.7 Cross jurisdictional management arrangements 17

3.8 Threatened, endangered and protected species 17

3.8.1 Frequency and nature of interactions 17

3.8.2 Management actions taken to reduce interactions and results of such actions 18

4 Research and Monitoring 19

4.1 Research priorities 19

4.2 Relevant research 19

4.3 Monitoring programs 20



4.3.1 Resource Assessment Framework 20

4.3.2 Scientific observer program 20

4.3.3 Collection of catch and effort data 21

5 Catch Data 21

5.1 Total catch and value of the EG Fishery 21

5.2 Total catch and fishing effort data of primary and key secondary species 21

5.3 Harvest by each sector 21

5.3.1 Recreational fishing 21

5.3.2 Aboriginal cultural fishing 22

5.3.3 Illegal catch 22

6 Status of Target Stock 22

6.1 Species assessed as ‘Overfished’ 23

6.1.1 Mulloway 23

7 Impacts of the Fishery on the Ecosystem 23

7.1 Results of any ecological risk assessments 23

7.2 Nature of the impacts on the ecosystem including impacts on any key conservation values 23

7.3 Management actions taken to reduce the impacts 24

8 Report against EG Fishery Recommendations of WTO Declaration 25

References 27



1 Introduction This submission has been prepared by NSW Department of Primary Industries (NSW DPI) on behalf of shareholders in the NSW Estuary General Fishery (the EG 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 EG Fishery for assessment under Part 13 and 13 (A) of the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act). Information provided follows the recommended content for reports detailed in Appendix B of the Guidelines for the Ecologically Sustainable Development of Fisheries – 2nd Edition and consistent with these Guidelines this submission references sections of related documents including the Environmental Impact Statement on the EG Fishery (EIS), the Fishery Management Strategy for the EG Fishery (FMS) and the Status of Fisheries Resources in NSW 2014-15 Summary (NSW DPI, 2017).

Table 1 Summary of the EG Fishery as at August 2017

Area Estuarine waters (rivers, creeks, lagoons and lakes)

Gear • Traps (fish, crab and eel) • Meshing nets • Fish hauling nets • Prawn nets (hauling, seine, running, set pocket, hand hauled and push or scissor) • Hand gathering • Handlining

Management Controls

• Limited entry • Controls on fishing boats and gear • Spatial and temporal closures • Size limits • Catch limits

Primary Species • Yellowfin bream • Mud crab • Longfin river eel • Shortfin river eel • Dusky flathead • Luderick

• Sea mullet • Pipi • Eastern king prawn • School prawn • Sand whiting

Catch 2015/16 – 3,606 tonnes

Value 2015/16 – $29.1million

Stock Status (Primary species)

• Recruitment overfished 0 • Overfished 0 • Growth Overfished 1 • Fully Fished 5

• Moderately Fished 0 • Lightly Fished 0 • Uncertain 3 • Undefined 2



2 Description of the Fishery For the purposes of this submission the EG Fishery comprises the Estuary General Share Management Fishery as described in Schedule 1 of the Fisheries Management Act 1994 (the Act) and Part 3 of the Fisheries Management (Estuary General Share Management Plan) Regulation 2006 (the SMP).

As described in Schedule 1 of the Act, the EG Fishery consists of:

a) the taking of fish from estuarine waters by any lawful method other than by use of an otter trawl net (prawns), and

b) the taking of fish from ocean beaches by the method of hand picking.

Estuarine waters do not include the following

a) the waters of Port Jackson (including Sydney Harbour), or b) the waters of Jervis Bay, in relation to any fishing method that, when used in those waters,

falls within the description of the Ocean Hauling Fishery.

2.1 Species A number of fish and invertebrate species are taken in the EG Fishery. Tables 2, 3 and 4 list the permitted species, as prescribed by the SMP, that may be taken in the EG Fishery.

Table 2 Primary species taken in the EG Fishery

Common name Scientific name

Yellowfin bream Acanthopagrus australis

Mud crab Scylla serrata

Longfin river eel Anguilla sp.

Shortfin river eel Anguilla sp.

Dusky flathead Platycephalus fuscus

Luderick Girella tricuspidata

Sea mullet Mugil cephalus

Pipi Donax deltoides

Eastern king prawn Melicertus plebejus

School prawn Metapenaeus macleayi

Sand whiting Sillago ciliata

Table 3 Key secondary species taken in the EG Fishe ry


Beachworm spp. various (Class: Polychaeta)

Cockle spp. various (Family: Arcidae/Veneridae)

Blue swimmer crab Portunus pelagicus

River garfish Hyporhamphus regularis




Flat-tail mullet Liza argentea

Greasyback prawn Metapenaeus bennettae

Mulloway Argyrosomus japonicus

Silver biddy Gerres subfasciatus

Trumpeter whiting Sillago maculata

Table 4 Secondary species taken in the EG Fishery


Anchovy Engraulis australis

Australian bonito Sarda australis

Australian salmon Arripis trutta

Blue mackerel Scomber australasicus

Black bream Acanthopagrus butcheri

Catfish spp. various (Family: Ariidae/Plotosidae)

Sand crab spp. various (Family: Portunidae)

Cuttlefish spp. various (Family: Sepiidae)

Pike eel Muraenesox bagio

Short-finned conger eel Conger wilsoni

Southern conger eel Conger verreauxi

Emperor Lethrinus spp.

Sand/Bluespotted flathead Platycephalus caeruleopunctatus

Flounder spp. various (Family: Pleuronectidae/Bothidae)

Eastern sea garfish Hyporhamphus australis

Shortbill garfish Arrhamphus sclerolepis

Gurnard spp. various (Family: Triglidae)

Hairtail Trichiurus lepturus

Hardyhead spp various (Family: Atherinidae)

John dory Zeus faber

Leatherjacket spp. various (Family: Monacanthidae)

Longtom spp. various (Family: Belonidae)

Mackerel tuna Euthynnus affinis




Mangrove jack Lutjanus argentimaculatus

Mantis shrimp spp. various (Family: Squillidae)

Pink-eye mullet Myxus petardi

Red mullet Upeneichthys lineatus

Sand mullet Myxus elongates

Mussel spp. various (Family: Mytilidae)

Nipper Callianassa sp.

Octopus spp. various (Family: Octopodidae)

Old maid Scatophagus multifasciatus

Pike Sphyraena sp.

Pilchard Sardinops neopilchardus

Tiger prawn Penaeus esculentus

Red morwong Cheilodactylus fuscus

Saucer scallop Amusium spp.

Scallop Pecten fumatus

Shell spp. various (Class: Gastropoda/Pelecypoda)

Snapper Pagrus auratus

Sole spp. various (Family: Soleidae)

Squid spp. various (Class: Cephalopoda)

Stingray/stingaree spp. various (Family: Dasyatidae/Urolophidae)

Striped grunter Pelates sp.

Sweep Scorpis lineolata

Tailor Pomatomus saltatrix

Tarwhine Rhabdosargus sarba

Black trevally Siganus nebulosus

Golden trevally Gnathanodon speciosus

Silver trevally Pseudocaranx dentex

Whaler shark spp. Carcharhinus sp.

Whitebait spp. various (Family: Clupeidae/Galaxiidae)

School whiting Sillago bassensis




Yellowtail scad Trachurus novaezelandiae

Yellowtail kingfish Seriola lalandi

Part 2 of the Fisheries Management (General) Regulation 2010 (the FM (G) Regulation) lists fish that are protected from fishing by all sectors and from commercial fishing only.

2.2 Fishing gear Part 7 Division 1 (Use of fishing gear) of the SMP prescribes current limits and/or restrictions on fishing gear used in the EG Fishery.

For a full description of fishing methods and gear types in the EG Fishery refer to:

• Chapter B.3 (Methods of Harvesting) (pp 25 – 35) of the EIS, and • Section 3d (Gear used in the fishery) (pp 23 – 28) of the FMS.

2.3 Fishing area Estuarine waters are defined under the Act as waters other than ocean waters that are ordinarily subject to tidal influence. Where an estuary meets ocean waters, estuarine waters are those that are west of, or upstream of, a line drawn across the entrance between the eastern most high water marks of the two banks to a line identified as the tidal limit.

Clause 4 of the SMP describes the estuarine waters in which the EG Fishery is permitted to operate, noting that additional spatial and temporal closures may exist within these waters. The EG Fishery also includes the gathering by hand of fish such as beachworms and pipis from ocean beaches, except where closures apply.

2.4 Management arrangements The EG Fishery is managed under the Act, and the regulations made under this Act (refer to 2.8 Governing legislation). The NSW DPI is the State Government agency responsible for the administration of the Act. The EG Fishery is predominantly managed by input controls, however some output controls are also used.

2.4.1 Input controls

2.4.1.1 Limited entry

The EG Fishery is a share management fishery and access is limited to shareholders in the fishery, and/or their nominated fisher, who hold shares above any minimum shareholding level established in the SMP.

2.4.1.2 Controls on fishing boats

Boat capacity restrictions are enacted through a combination of boat specific restrictions set out on fishing boat licences and the SMP. The SMP prescribes a maximum boat length of 10 metres for the EG Fishery.

2.4.1.3 Controls on fishing gear

Part 7 Division 1 (Use of fishing gear) of the SMP prescribes current limits and/or restrictions on fishing gear used in the EG Fishery.

2.4.1.4 Temporal and spatial closures

The SMP, the FM (G) Regulation and the Fisheries Management (Supporting Plan) Regulation 2006 outline a range of spatial and temporal closures relevant to the EG Fishery, including waters closed permanently to all commercial fishing or class of commercial fishing. Fishing



closures specific to the EG Fishery that are authorised under the Act can be found on the NSW DPI website at www.dpi.nsw.gov.au/fisheries/info/closures/commercial

The EG Fishery is also subject to a range of spatial closures arising from the comprehensive network of marine protected areas that include marine parks, aquatic reserves and intertidal protected areas in which commercial fishing is restricted or not permitted.

2.4.2 Output controls

2.4.2.1 Size limits

Minimum legal lengths (or size limits) apply to a large range of species taken in the EG Fishery as set out in clause 11 of the FM (G) Regulation and by endorsement conditions implemented under section 68 of the Act.

2.4.2.2 Commercial catch limits and restrictions

Commercial catch limits are implemented via fishing closures and endorsement conditions under the Act, those applicable to the EG Fishery include:

• A commercial daily catch limit for Wobbegong Sharks. • A trip limit of 50 kilograms (kgs) for Australian salmon. • A trip limit of 100 kgs for Tailor if taken by hauling net (general purpose) and a trip limit of

50 kgs if taken by any other net. • A daily limit of 10 Mulloway with an overall length of between 45 centimetres and 70 cm

by meshing net. • A daily catch and possession limit of 40 kgs for pipis.

The FM (G) Regulation prescribes a range of fish that are protected for conservation reasons or protected from commercial fishing for resource sharing reasons that cannot be taken in the EG Fishery.

2.5 Number of fishers Access to the EG Fishery is limited to shareholders, or their nominated fishers, who hold sufficient shares to satisfy the minimum shareholding levels established for each share class in the SMP. Minimum shareholdings apply to all share classes in the EG Fishery and are used to determine if a shareholder (or their nominated fisher) is eligible for an endorsement authorising a particular commercial fishing activity in respect of that share class. There are sixty three (63) types of endorsements available in the EG Fishery corresponding to each share class. Table 5 provides a description of the commercial fishing activity authorised by each endorsement in the EG Fishery. Table 6 provides the number of endorsement holders for each share class in the EG Fishery.

Table 5 EG Fishery endorsements and the commercial f ishing activities they authorise

Endorsement Type Commercial Fishing Activity

Handline and hauling crew - Regions 1,2,3,4,5,6 and 7

Take fish from specified estuarine waters using a handline or by assisting another commercial fisher who holds a category one or category two hauling endorsement (using hauling methods only).

Meshing - Regions 1,2,3,4,5,6 and 7

Take fish from specified estuarine waters using any of the following nets:

(a) meshing net,

(b) flathead net.

Prawning - Regions 1,2,3,4,5,6 and 7

Take prawns from specified estuarine using any of the following nets:

(a) prawn net (hauling),

(b) prawn net (set pocket),

(c) prawn running net,



Endorsement Type Commercial Fishing Activity

(d) seine net (prawns),

(e) hand-hauled prawn net,

(f) push or scissors net (prawns), and

(g) dip or scoop net (prawns).

Trapping endorsement - Regions 1,2,3,4,5,6 and 7

Take fish (other than eels and mud crabs) from specified estuarine waters using any of the following nets and traps:

(a) fish trap,

(b) hoop or lift net.

Note. This endorsement extends to the taking of blue swimmer crabs from estuarine waters using the trap or net referred to above.

Eel trapping endorsement - Regions 1,2,3,4,5,6 and 7

Take eels from specified estuarine waters using an eel trap.

Mud crab trapping - Regions 1,2,3,4,5,6 and 7

Take mud crabs from specified estuarine waters using a crab trap or a hoop or lift net (or both).

Hand gathering - Regions 1,2,3,4,5,6 and 7

Take beachworm, pipi, cockle, cuttlefish, mussel and nippers from estuarine waters and ocean beaches, within a region of the fishery specified in the endorsement, by the method of hand picking.

Category one hauling - Regions 1,2,3,4,5,6 and 7

Take fish from specified estuarine waters using any of the following nets:

(a) hauling net (general purpose),

(b) trumpeter whiting net (hauling),

(c) pilchard, anchovy and bait net (hauling),

(d) garfish net (hauling),

(e) garfish net (bullringing), and

(f) bait net.

Category two hauling - Regions 1,2,3,4,5,6 and 7

Take fish from specified estuarine waters using any of the following nets: (a) garfish net (hauling), (b) garfish net (bullringing), (c) bait net.

Table 6 Number of shareholders (and endorsement hol ders) by share class in the EG Fishery (as at 1 st August 2017)

Share Class / Endorsement Type Region 1 Region 2 Region 3 Region 4 Region 5 Region 6 Region 7

Handline and hauling crew 29 (27) 86 (80) 41 (41) 117 (115) 41 (36) 34 (34) 31 (29)

Meshing 27 (27) 78 (78) 41 (37) 125 (124) 33 (31) 34 (34) 21 (21)

Prawning 16 (16) 74 (72) 24 (24) 102 (102) 6 (6) 26 (26) 25 (26)

Trapping 3 (3) 17(17) 26 (26) 57 (56) 14 (13) 3 (3) 4 (4)

Eel trapping 5 (5) 32 (32) 17 (16) 35 (35) 8 (8) 12 (12) 14 (12)

Mud crab trapping 13 (13) 27 (27) 35 (35) 56 (55) 9 (9) 3 (3) 4 (4)

Hand gathering 13 (12) 3 (1) 21 (20) 29 (28) 1 (1) 7 (5) 5 (4)

Category one hauling 7 (7) 21 (21) 9 (9) 40 (39 15 (14) 12 (12) 11(9)

Category two hauling 6 (5) 19 (17) 15 (15) 43 (42) 7 (6) 13 (11) 7 (7)



2.6 Licensing arrangements For relevant licensing arrangements refer to the NSW Commercial Fisheries Administration Guide, January 2012, on the NSW DPI website at www.dpi.nsw.gov.au/fishing/commercial

2.7 Allocation between sectors Refer to the Status of Fisheries Resources in NSW 2013-14 (Stewart et al., 2015) for landings of EG Fishery primary and key secondary species by other NSW commercial fisheries and, where available, estimated recreational catch.

A number of performance indicators included in the FMS, used as part of the FMS performance monitoring process, relate to resource sharing. The purpose of these performance indicators is to detect large shifts in catch of key species, over time, between a) the commercial and non-commercial sectors, b) among each commercial fishery in NSW, and c) among methods or endorsement types within a fishery. Refer to Section 3.4 – “Performance of the fishery against objectives, performance indicators and triggers”.

2.7.1 Recreational fishing

NSW DPI has completed the Survey of Recreational Fishing in New South Wales and the ACT 2013/14 (West et al., 2015) which provides a range of information, including new estimates of recreational catches.

2.7.2 Aboriginal cultural fishing

Aboriginal cultural fishing is defined in the Act as “fishing activities and practices carried out by Aboriginal persons for the purpose of satisfying their personal, domestic or communal needs, or for educational or ceremonial purposes or other traditional purposes, and which do not have a commercial purpose”. Daily cultural fishing needs are currently provided for by the Aboriginal Cultural Fishing Interim Access Arrangement which allows for extended bag and possession limits, as well as other special arrangements, for cultural fishing activities. Special provisions also exist under the Act to accommodate access to fisheries resources beyond what the current cultural fishing rules provide for (for events such as large cultural gatherings 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

2.7.3 Policy for Fisheries Resource Sharing in NSW

The Ministerial Fisheries Advisory Council (MFAC) has developed a policy - Fisheries Resource Sharing in NSW - to assist decision making on sharing the State's sustainably exploitable fisheries resources between the various commercial, recreational, charter and Aboriginal cultural fishing sectors in accordance with the objects of the Act.

Further information can be found on the NSW DPI website at www.dpi.nsw.gov.au/fishing/consultation/fisheries-resource-re-allocation-proposals

2.8 Governing legislation Relevant current legal instruments include:

• Fisheries Management Act 1994 • Fisheries Management (General) Regulation 2010 • Fisheries Management (Supporting Plan) Regulation 2006 • Fisheries Management (Estuary General Share Management Plan) Regulation 2006



3 Management

3.1 Commercial Fisheries Business Adjustment Progra m The Commercial Fisheries Business Adjustment Program (the BAP) has been developed in response to the Independent Report into NSW Commercial Fisheries Policy, Management and Administration undertaken and released in 2012. The three components of the BAP include structural adjustment, changes to governance processes and consultation mechanisms.

The structural adjustment component of the BAP includes:

• share linkage arrangements tailored to each share class that links shares to either catch or fishing effort

• providing $16 million in assistance measures to help commercial fishers adjust their fishing business/es in line with the new share linkage arrangements through the Adjustment Subsidy Program (the ASP) and

• streamlining current fishing controls that impact fishing efficiency.

The Structural Adjustment Review Committee (SARC), an independent committee, was formed to oversee the structural adjustment component of the BAP. The SARC provided recommendations for share linkage for share classes within the Estuary General, Ocean Trawl, Estuary Prawn Trawl, Ocean Hauling and the Ocean Trap and Line Fisheries; setting of interim total access levels; and assistance measures to be made available to industry. The NSW Government announced its support for the SARC’s recommendations in May 20161.

In November 2016 the NSW Parliament announced an inquiry into commercial fishing including the BAP and the resource assessment process. The Upper House General Purpose Standing Committee No. 5 accepted written submissions and held public hearings in December 2016. A final report was released on 24 February 2017 recommending implementation of the BAP proceed. The Report and the NSW Government response can be found at www.dpi.nsw.gov.au/fishing/commercial/reform

Further information can be found on the Parliament of NSW website at www.parliament.nsw.gov.au/committees/inquiries/Pages/inquiry-details.aspx?pk=2425

3.1.1 Share class linkage arrangements Share class linkage arrangements in the EG Fishery are characterised by increases in the minimum shareholding requirements for most share classes and the introduction of catch and effort quotas as detailed in Table 7.

Table 7 Summary of the EG Fishery share class linkage arrangements

Share Class Share Linkage

Handline and hauling crew

a) All fishers must hold the minimum shareholding of 375 shares to be endorsed to fish from December 2017 (increased from 125 shares).

b) The hauling crew component of this share class will be removed so that category one and two hauling endorsement holders will be able to use unendorsed crew.

c) Boat licences will not be required for boats less than 10 metres in length from December 2017.

Meshing a) All fishers must hold the minimum shareholding of 125 shares to be endorsed to fish from December 2017.

1 A full copy of the Independent Review, the NSW Government’s response to the review, SARC’s final recommendations and the NSW Government’s response, and a range of documents prepared as the reform program progresses can be viewed at www.dpi.nsw.gov.au/fisheries/commercial/reform




b) Effort quota (days) will commence from December 2017

• A total number of days will be allocated to each region each year.

• Days will be issued to fishing businesses based on the number of meshing shares held and will be transferable within the region

c) A catch quota for mud and blue swimmer crabs will commence from December 2017

• New mud and blue swimmer crab shares will be issued to fishing businesses based on the number of meshing shares held.

• The new shares will equate to a certain weight of catch quota and will be transferable throughout the state.

d) Fishing businesses with 250 meshing shares or more may use unendorsed crew from December 2017.

e) Boat licences will not be required for boats less than 10 metres in length from December 2017.

f) Commercial size limit for blue swimmer crab will be 6.5 centimetres.

g) Meshing nets with a mesh size of 115 millimetres or less will no longer need to be registered from December 2017.

Prawning

a) All fishers must hold the relevant minimum shareholding to be endorsed to fish from December 2017

• Minimum shareholding increased from 125 to 150 except for Region 5

b) Each additional 100 prawning shares held above the minimum shareholding will allow an additional prawn set pocket or running net nomination.

c) Fishing businesses with 250 prawning shares or more may use unendorsed crew from December 2017.

d) Boat licences will not be required for boats less than 10 metres in length from December 2017.

e) Nets will no longer be required to be registered.

Trapping

a) All fishers must hold the minimum shareholding of 125 shares to be endorsed to fish from December 2017.

b) Effort quota (trap numbers) will commence from December 2017

c) Each additional 10 trapping shares held above the minimum shareholding will allow an extra fish trap to be used.

d) A catch quota for blue swimmer crabs will commence from December 2017

• New blue swimmer crab shares will be issued to fishing businesses based on the number of trapping shares held.


e) Mud crab caught in a fish trap may be retained if mud crab quota is held.

f) Hoop/lift nets will be removed as a lawful method in the fishery.

g) Commercial size limit for blue swimmer crab will be 6.5 centimetres

h) Boat license will not be required for boats less than 10 metres in length from December 2017.

Eel trapping



c) Each additional 10 trapping shares held above the minimum shareholding will allow an extra eel trap to be used.

d) A catch quota for eels will commence from December 2017.

• New eel shares will be issued to fishing businesses based on the number of eel trapping shares held.





e) Boat licenses will not be required for boats less than 10 metres in length from December 2017.

Mud crab trapping



c) Each additional 10 mud crab trapping shares held above the minimum shareholding will allow an extra crab trap to be used.

d) A catch quota for mud crabs will commence from December 2017.

• New mud crab shares will be issued to fishing businesses based on the number of mud crab trapping shares held.


e) Fish caught in a crab trap may be kept.

f) Hoop or lift nets will be removed as a lawful method in the fishery.

g) Boat licenses will not be required for boats less than 10 metres in length from December 2017.

Hand gathering

a) Minimum shareholding as per current arrangements.

b) A total allowable catch will be determined for each species (pipis, beachworms, cockles and nippers) and a catch quota will commence by December 2018.

Category one hauling




• Days will be issued to fishing businesses based on the number of category one hauling shares held and will be transferable within the region

c) A catch quota for blue swimmer crabs will commence from December 2017

• New blue swimmer crab shares will be issued to fishing businesses based on the number of category one hauling shares held.


d) Endorsement holders will be able to use unendorsed crew.

e) Boat licences will not be required for boats less than 10 metres in length from December 2017.

f) Commercial size limit for blue swimmer crab will be 6.5 centimetres.

g) Nets will no longer need to be registered from December 2017.

Category two hauling




• Days will be issued to fishing businesses based on the number of category two hauling shares held and will be transferable within the region

c) Endorsement holders will be able to use unendorsed crew.

d) Boat licences will not be required for boats less than 10 metres in length from December 2017.

e) Nets will no longer need to be registered from December 2017.



3.2 Legislative changes The Fisheries Management Amendment Bill was assented to on 24 November 2015. The Bill, now known as the Fisheries Management Amendment Act 2015, contains a range of amendments to facilitate the implementation of the BAP including:

• Provides for implementation of FishOnline2 which will enable the streamlining of information and administration processes for commercial and charter boat fishers;

• Creates more flexible, contemporary and less prescriptive provisions surrounding share management fisheries;

• Facilitates a variety of share linkage options to support commercial fisheries reforms and provides for further quota management of fisheries generally by amendments to provisions relating to the determination and allocation of total allowable catch and total allowable fishing effort;

• Provides the ability to remove the requirement for some commercial fishing boats to be licensed;

• Enhances protections for aquatic habitats and threatened species provisions; and • Provides for the establishment of expertise based fishery advisory groups.

Provisions will be commenced progressively as the necessary supporting regulations are developed.

3.3 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.

3.3.1 NSW Marine Estate Draft Management Strategy

In January 2017 MEMA released the draft state-wide Threat and Risk Assessment (TARA) Report for the NSW marine estate. Community engagement on the draft state-wide TARA closed in April 2017 and information provided is used to finalise the state-wide TARA. The final state-wide TARA will then inform the development of the draft Marine Estate Management Strategy, expected to be released for public exhibition late 2017.

3.3.2 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.

2 FishOnline is an online self-service system which offers a range of electronic transactions and access to business accounts and other information to those in the commercial fishing and charter fishing sectors.



Further information can be found on the NSW Marine Estate website at www.marine.nsw.gov.au/nsw-marine-estate

3.4 Performance of the fishery against objectives, performance indicators and triggers

Refer to Fisheries, Aquaculture and Aquatic Conservation Key Highlights and Statistics 2014-15. A copy of the report can be found on the NSW DPI website at www.dpi.nsw.gov.au/__data/assets/pdf_file/0003/599421/Fisheries-statistics-report-2014-15.pdf

3.5 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, recreational 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 favour. The FCU have briefed the Committee on the regulatory approach of NSW DPI Fisheries Compliance and the opportunities for improvement.

The FCU are early adopters of the Quality Regulatory Services Initiative (QRSI), and the design of Fisheries Annual District Compliance Plans has been reviewed and revised several times, to improve its effectiveness as an outcomes-focused fisheries compliance management tool. Recent efforts in developing an 'analytics' environment have also allowed the FCU to better identify changes in compliance activity and outcomes over time. Regular analysis of compliance data is undertaken to review the effectiveness of compliance initiatives.

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

3.5.1 Compliance rates

The annual rate of compliance in the EG Fishery (Table 8) is calculated using information from quality inspections reflected on program activity reports that are completed by NSW DPI fisheries officers when undertaking inspections of fishers and fishing gear in the EG Fishery.

Table 8 Rates of compliance in the EG Fishery

Year Compliance Year Compliance

2012/13 83.77% 2014/15 73.37%

2013/14 84.39% 2015/16 77.8%

3.6 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.

3.6.1 Ministerial Fisheries Advisory Committee

The 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.

3.6.2 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

3.6.3 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

3.7 Cross jurisdictional management arrangements NSW DPI continues to work with the Commonwealth and Fisheries Queensland to develop complementary arrangements for shared resources. For example:

• Commonwealth and Fisheries Queensland scientific representatives attend NSW DPI Resource Assessment Workshops, held annually, providing input on relevant shared fish stocks, including; recent catch information, updates on existing research, research outcomes, stock assessment status, and changes to management arrangements for each relevant jurisdiction.

• Senior NSW DPI and Fisheries Queensland staff also meet to discuss a range of cross-border management and research issues and continue to liaise on an informal basis in relation to contemporary management issues.

• NSW DPI provides data for assessments by Commonwealth Resource Assessment Groups for species which occur in NSW.

3.8 Threatened, endangered and protected species Chapter F2 (Threatened species that may be affected by the Estuary General Fishery, pg. 288-297) of the EIS identified threatened, endangered and protected (TEP) species that may interact with the EG Fishery, and potential direct and indirect impacts. The EIS found that the EG Fishery is not having a direct or adverse impact on any TEP species.

3.8.1 Frequency and nature of interactions

Mandatory reporting of TEP species interactions was implemented in the EG Fishery in 2005. Interactions as reported by endorsement holders in the EG Fishery for the period 2012 - 2016 are provided in Table 9.

Table 9 TEP species interactions as reported by endo rsement holders in the EG Fishery

Year Endorsement Species Type of interaction Total interactions reported in year

2012 Category one hauling Green Turtle* Caught released alive and healthy 1

2013

Category one hauling Green Turtle* Caught released alive and healthy 2

Meshing Great Hammerhead Shark

Caught , discarded dead 1

2014

Category one hauling Green Turtle* Caught, released alive and healthy 10

Mud crab trap Green Turtle* Caught, released alive and healthy 2

2015

Category one hauling Green Turtle* Caught, released alive and healthy 12

Mud crab trap Green Turtle* Caught, released alive and healthy 3

2016 Meshing Black Rockcod - 1

Category one hauling Green Turtle* Caught, released alive and 5



Year Endorsement Species Type of interaction Total interactions reported in year

healthy

* Reports are from the same fisher operating in a specific area of a specific estuary. Data is subject to validation,

including confirmation of species.

3.8.2 Management actions taken to reduce interactio ns and results of such actions

NSW DPI implemented mandatory reporting of TEP species interactions for all commercial fisheries in 2005 and a cross-fishery scientific observer program (refer to 4.3 Monitoring programs).

Direct management actions implemented in the EG Fishery to reduce interactions with TEP species include:

• Increase to the minimum mesh size in flathead nets; • Increase to the minimum mesh size in meshing nets when used as a set in excess of 3

hours; and • Mandatory use of discard chutes for any fish taken using meshing nets and flathead nets

that are to be released during the period one hour before sunrise to one hour after sunset.

3.8.2.1 Priorities Action Statement

As part of a process for amending threatened species legislation in NSW, the Act was amended in 2004 to include a requirement for the Director-General of NSW DPI to prepare and adopt Priorities Action Statements (PAS) for threatened species, populations, ecological communities and key threatening processes listed on the schedules of the Act.

The PAS:

• Sets out the strategies and actions for promoting the recovery of each threatened species, population and ecological community to a position of viability in nature and for managing each key threatening process;

• Establishes priorities for implementation of recovery and threat abatement strategies; • Establishes performance indicators to facilitate reporting on achievements in

implementing recovery and threat abatement strategies and their effectiveness. • Contains a status report for each species, population, ecological community and key

threatening process under the Act. • Sets out a timetable for recovery and threat abatement planning and achievement.

A PAS has been developed for:

Greynurse Shark - listed as a critically endangered species under the Act. The PAS actions for this species prioritise the actions contained within the National Recovery Plan for Greynurse Sharks.

Scalloped Hammerhead Shark - listed as an endangered species under the Act. The PAS actions for this species include, among other things, development of educational and advisory material to improve species identification. NSW DPI has produced a Hammerhead Shark identification guide to assist fishers to accurately identify all three species of Hammerhead Sharks that occur in NSW waters.

Great Hammerhead Shark - listed as a vulnerable species under the Act. The PAS actions for this species include, among other things, development of educational and advisory material to improve species identification. NSW DPI has produced a Hammerhead Shark identification guide to assist fishers to accurately identify all three species of Hammerhead Sharks that occur in NSW waters.



Black Rockcod - listed as a vulnerable species under the Act. The PAS actions for this species are taken from the approved NSW Black Rockcod Recovery Plan.

Further information can be found on the NSW DPI website at www.dpi.nsw.gov.au/fishing/species-protection/priorities-action-statement

3.8.2.2 Black Rockcod Recovery Plan

A recovery plan has been developed to promote the recovery of black rockcod in NSW to an extent where it can eventually be de-listed from the Schedules of the Act. The plan summarises the current state of knowledge of the species and uses a risk assessment framework to identify the threats to the species and rank them in terms of highest to lowest risk. This process is used to identify and prioritise recovery actions to address these risks with the aim of ensuring the recovery of Black Rockcod populations in NSW.

A copy of the recovery plan can be found on the NSW DPI website at www.dpi.nsw.gov.au/__data/assets/pdf_file/0006/636351/Black-Rockcod-recovery-plan.pdf

4 Research and Monitoring

4.1 Research priorities The Fisheries NSW Strategic Research Plan 2014-2018 details priority programs. The Plan is available on the NSW DPI website at www.dpi.nsw.gov.au/content/research/fishing-aquaculture/strategic-priorities/Planning-Strategic-Research.pdf

4.2 Relevant research Scientific outputs and NSW DPI published research findings relevant to the EG Fishery can be found on the NSW DPI website at www.dpi.nsw.gov.au/content/research/fishing-aquaculture#Research-findings

Examples of scientific outputs and NSW DPI published research findings relevant to the EG Fishery include:

• West, L.D., Stark, K.E., Murphy,J.J., Lyle, J.M. and Ochwada-Doyle, F.A. 2015. Survey of Recreational Fishing in New South Wales and the ACT 2013/14. Fisheries Final report Series No. 146 Department of Primary Industries, pp 170

• Morrongiello, J. R., Walsh, C. T., Gray, C. A., Stocks, J. R. and Crook, D. A. 2014. Environmental change drives long-term recruitment and growth variation in an estuarine fish. Global Change Biology 20, 1844-1860.

• Gray, C.A., Young, C.L., Johnson, D.D. and Rotherham, D., 2015. Integrating fishery-independent and -dependent data for improved sustainability of fisheries resources and other aspects of biodiversity. FRDC Project No. 2008-004 Final Report, 129p.

• van der Meulen, D.E., Walsh, C.T., Gray, C.A. and Taylor, M.D. 2014. Habitat requirements and spawning strategy of an estuarine-dependent fish, Percalates colonorum. Marine and Freshwater Research, 65: 218-227.

• Uhlmann, S.S. and Broadhurst, M.K. 2015. Mitigating unaccounted fishing mortality from gillnets and traps. Fish and Fisheries. 16, 183-229.

• Ochwada-Doyle, F. A., Stocks, J., Barnes, L. and Gray, C. 2014c. Reproduction, growth and mortality of the exploited sillaginid, Sillago ciliata. Journal of Applied Ichthyology In Print (DOI: 10.1111/jai.12478).

• Hughes, J.M., Stewart, J., Lyle, J.M. and Suthers, I.M. 2014. Top-down pressure on small pelagic fish by eastern Australian salmon Arripis trutta, estimation of daily ration



and annual prey consumption using multiple techniques. Journal of Experimental Marine Biology and Ecology, 459: 190-198.

• Gray, C., Walsh, C., Stocks, J., Crook, D.A. and Morrongiello, J. 2014. Environmental drivers of recruitment and growth in an estuarine fish: evidence from long-term, otolith-based indices. Glob Chang Biol. 2014 Feb 8. DOI: 10.1111/gcb.12545.

• Gray, C.A., Johnson, D.D., Reynolds, D., and Rotherham, D. 2014. Development of rapid sampling procedures for an exploited bivalve in the swash zone on exposed ocean beaches. Fisheries Research, 154, 205-212.

• Butcher, P.A., Boulton, A.J., Macbeth, W.G. and Malcolm, H.A. 2014. Long-term effects of marine park zoning on giant mud crab (Scylla serrata) populations in three Australian estuaries. Mar. Ecol. Prog. Ser., 508: 163-176.

• Broadhurst, M.K., Butcher, P.A. and Cullis, B.R. 2014. Effect of mesh size and escape gaps on discarding in an Australian giant mud crab (Scylla serrata) trap fishery. PLOS ONE 9(9): e106414. DOI: 10.1371/journal.pone.0106414.

• Harasti, D. and Gallen, C. 2014. Distribution and relative abundance of juvenile black cod Epinephelus daemelii in intertidal habitats in the Hunter-Central Rivers region. NSW DPI Report.

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 frame. 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 BAP.

4.3.2 Scientific observer program

The FMSs for all the major commercial fisheries (excluding lobster and abalone) require the implementation of a cross-fishery scientific observer program. The program has been implemented based on a framework that identifies the highest priority methods for observation based on a number of measures and to ensure that resources are directed towards the methods that pose the greatest risks (Scandol, 2005).

Observer-based research is currently underway for the Ocean Trawl Fishery. The field work component for the fish trawl sector (i.e. Northern and Southern) of the Ocean Trawl Fishery is



complete with final reporting due December 2017. The field work component for the prawn trawl sector commenced in June 2017 incorporating the 2017/18 and 2018/19 fishing seasons.

4.3.3 Collection of catch and effort data

Further information about reporting arrangements can be found on the NSW DPI website at www.dpi.nsw.gov.au/fisheries/commercial/catch-effort

4.3.4 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 EG Fishery

Table 10 Reported landings (tonnes) in the EG Fisher y**

Year 2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16

t 3,873 3,617 3,644 3,343 4,104 3,475 3,606

Table 11 Estimated value ($m) of reported landings i n the EG Fishery #

Year 2009/10 2010/11 2011/12 2012/13 2013/14 2014/15 2015/16

$m 20.7 20.0 19.1 20.8 25.5 24.7 29.1

** Reported gross landings as at June 2017. Data subject to ongoing validation.

# Based on SFM monthly prices

5.2 Total catch and fishing effort data of primary and key secondary species Refer to the Status of Fisheries Resources in NSW 2013-14 (Stewart et al., 2015) for landings of EG Fishery primary and key secondary species taken in the EG Fishery and by other NSW commercial fisheries.

5.3 Harvest by each sector

5.3.1 Recreational fishing

Refer to the Status of Fisheries Resources in NSW 2013-14 (Stewart et al., 2015) for recent estimates of the recreational harvest of EG Fishery primary and key secondary species.

Table 12 provides estimates of the recreational harvest of key recreational species in NSW based on results of the Survey of Recreational Fishing in New South Wales and the ACT 2013/14 compared with estimates from NSW commercial fisheries combined (West et al., 2015) and estimates of overlapping EG Fishery primary species for 2013/14.

Table 12 Harvest of key species in NSW waters by NSW /ACT residents, aged five years and older - indicat ive estimates of the total weight in tonnes (t), compar ed with estimates for the commercial fisheries sect or and the EG Fishery for 2013/14.

Species/group* Recreational (t)* Commercial (t)* Total (t)* EG Fishery (t) % Recreational*

Bream 330 343 672 291 49.1

Flathead, Dusky 288 115 404 114 71.4



Species/group* Recreational (t)* Commercial (t)* Total (t)* EG Fishery (t) % Recreational*

Flathead, Sand 210 101 311 0.8 67.5

Mulloway 103 59 162 43 63.5

Salmon, Australian 182 1,112 1,294 20 14.1

Silver Trevally 27 168 195 7.8 13.9

Snapper 148 220 368 1.8 40.2

Tailor 107 62 169 17 63.5

Whiting, Sand 69 79 148 70 46.5

Yellowtail Kingfish 120 109 229 0.5 52.5

(*Source: West et al., 2015).

5.3.2 Aboriginal cultural fishing

No estimates available.

5.3.3 Illegal catch

No estimates available.

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 primary and key secondary species in the EG Fishery is shown in Table 13 and 14 below. Refer to the Status of Fisheries Resources in NSW 2014-15 Summary (NSW DPI, 2017) for further information.

Table 13 Exploitation status of primary species in t he EG Fishery

Common name Scientific name Exploitation Status

Yellowfin bream Acanthopagrus australis Fully fished

Mud crab Scylla serrata Uncertain

Longfin river eel Anguilla sp. Undefined (River eels)

Shortfin river eel Anguilla sp. Undefined (River eels)

Dusky flathead Platycephalus fuscus Uncertain

Luderick Girella tricuspidata Fully fished

Sea mullet Mugil cephalus Fully fished

Pipi Donax deltoides Uncertain

Eastern king prawn Melicertus plebejus Growth overfished

School prawn Metapenaeus macleayi Fully fished

Sand whiting Sillago ciliata Uncertain



Table 14 Exploitation status of key secondary specie s in the EG Fishery

Common name Scientific name Exploitation Status

Beachworm spp various (Class: Polychaeta) Undefined

Cockle spp. various (Family: Arcidae/Veneridae) Undefined

Blue swimmer crab Portunus pelagicus Uncertain

River garfish Hyporhamphus regularis Undefined

Flat-tail (Goldspot) mullet Liza argentea Uncertain

Greasyback (Greentail) prawn

Metapenaeus bennettae Undefined

Mulloway Argyrosomus japonicus Overfished

Silver biddy Gerres subfasciatus Uncertain

Trumpeter whiting Sillago maculata Uncertain

6.1 Species assessed as ‘Overfished’

6.1.1 Mulloway

Mulloway continues to be assessed as ‘Overfished’ in NSW and a recovery program covering all stakeholder groups and management arrangements were implemented in 2013 to rebuild the population to a sustainable level in NSW. The current management arrangements include:

• A reduction to the recreational bag limit from 5 (with only 2 over 70cm) to 2; • An increase to the minimum legal length from 45cm to 70cm; • A by-catch allowance of 10 fish between 45 and 70cm for mulloway incidentally caught in

estuarine meshing nets; and • A 500 kilogram possession limit per ocean hauling endorsement holder.

7 Impacts of the Fishery on the Ecosystem

7.1 Results of any ecological risk assessments Refer to the draft state-wide Threat and Risk Assessment (TARA) Report for the NSW marine estate. A copy of the draft report can be found on the NSW Marine Estate website at www.marine.nsw.gov.au/key-initiatives/threat-and-risk-assessment

Also there are a range of sections within the EIS which examined the ecological risk of the EG Fishery including Chapter E (Impact on the Fish Resources) (pp E193 – E256); Chapter F (Impact on the Biophysical Environment) (pp F257 – F323).

7.2 Nature of the impacts on the ecosystem includin g impacts on any key conservation values

Chapter B.7 (Outcomes of the review) (pp. 73 - 79) and Chapter C.3 (Proposed Changes to the Operation of the Fishery) (pp. 87 - 91) of the EIS identified the potential impacts of the EG Fishery on marine habitats; protected species; threatened species, populations or ecological communities; by catch; target species; ecological processes; biodiversity; and species assemblages.



7.3 Management actions taken to reduce the impacts The FMS provides for management of the EG Fishery in a manner that promotes the conservation of biological diversity in the marine environment. A number of management actions have been implemented to achieve this goal and address the impact of the EG Fishery on species assemblages, species diversity, ecological processes and marine habitats. These include, but are not limited to:

• collection of information on TEP species interactions by requiring endorsement holders to record interactions or sightings on the mandatory monthly catch and effort returns,

• ensuring that the provisions of any threatened species recovery plans or threat abatement plans are adopted, and any necessary changes to the operation of the EG Fishery are made,

• prohibiting the use of all hauling nets over beds of strapweed seagrass (Posidonia australis) which has a very low recovery rate if damaged,

• providing for modifications and adaptive use of fishing gear when necessary to reduce impacts on fish habitats and non-retained organisms,

• increasing the minimum mesh size in flathead nets to minimise the capture of dusky flathead that are below the minimum legal length, and

• increasing the minimum mesh size in overnight set meshing nets (set during the winter months) to reduce the catch of unwanted fish and/or fish below the minimum legal length.



8 Report against EG Fishery Recommendations of WTO Declaration

Recommendations Progress

1. Operation of the EGF Fishery will be carried out in accordance with the Fisheries Management (Estuary General Share Management Plan) Regulation 2006 in force under the New South Wales Fisheries Management Act 1994.

Operation of the EG Fishery has been carried out in accordance with the Act and regulations made under this Act.

2. NSW DPI to inform the Department of the Environment and Energy of any proposed substantive changes to the management arrangements that may affect the criteria on which Environment Protection and Biodiversity Conservation Act 1999 decisions are based.

Department of the Environment and Energy advised accordingly.

3. NSW DPI to produce and present reports to the Department of the Environment and Energy annually as per Appendix B to the Guidelines for the Ecologically Sustainable Management of Fisheries – 2nd Edition.

This submission seeks to satisfy this condition.

4. NSW DPI to:

• Participate with other harvest sectors over the development of a recovery program for silver trevally and mulloway and

• For species categorised as growth overfished, such as eastern king prawn and school prawn, the status of the stocks will be reviewed and specific measures implemented, as required, within 12 months to prevent the stocks from becoming recruitment overfished,

in order to ensure the ecological sustainability of the EGF.

Refer to section 6.1 Species assessed as ‘Overfished’ in this submission.

Recovery measures have previously been implemented for silver trevally to reduce fishing mortality of small fish and thereby assist reducing the effects of growth overfishing of silver trevally, including the introduction of a minimum legal length of 30 cm (total length) and the closure of significant trawl areas in State waters [in particular the entire area (approx. 85,000 hectares) of the Batemans Marine Park where silver trevally were previously targeted].

5. NSW DPI in collaboration with industry to identify ongoing research and monitoring priorities in the EGF and incorporate these within the work plan for the cross-fishery Scientific Observer Program or other research and monitoring mechanisms. Results of any relevant research or information should inform the management of the fishery and changes made to management arrangements where required.

The document entitled ‘Fisheries NSW Strategic Research Plan 2014-2018’ outlines the research priorities across Fisheries NSW and includes tables of research priorities organised into 7 priority programs. Further information is available at:

www.dpi.nsw.gov.au/content/research/fishing-aquaculture/strategic-priorities/Planning-Strategic-Research.pdf

6. NSW DPI to continue to develop and implement a new catch information management system for the major NSW commercial fisheries (including EGF) to introduce finer scale catch and effort reporting and improve data

Finer scale catch reporting on both a temporal and spatial scale was introduced in July 2009.



Recommendations Progress

analysis. A robust system to validate catch and effort logbook data should be included as part of the implementation of the catch information system.

Fishers in quota managed fisheries, including those in the EG Fishery commencing on 1 December 2017, will be required to use the FisherMobile app, a real time commercial fishing catch and effort reporting system. Further information is available at www.dpi.nsw.gov.au/__data/assets/pdf_file/0008/733949/FisherMobile-app-flyer.pdf

7. NSW DPI to continue to collaborate, where appropriate, with other jurisdictions to actively pursue consistent and /or complementary research needs and management arrangements for the target species.

Refer to section 3.7 Cross jurisdictional management arrangements in this submission.

8. NSW DPI to continue to monitor and assess bycatch in the major NSW commercial fisheries (including the EGF) under the NSW DPI’s Resource Assessment Framework and scientific observer program, to ensure that changes in quantity and/or composition can be monitored and verified over time.

Ongoing.

A scientific observer study was used to quantify the composition and magnitude of retained and discarded catches taken in the estuarine gill (mesh) net fishery during the 2001 fishing season (Gray et.al., 2003) .

An observer study in the EGF - sea garfish haul net fishery in NSW was conducted during 2005 and 2006 (Stewart, 2007).

Other EGF methods will be subject to a scientific observer program in accordance with NSW DPI’s prioritisation framework (Scandol, 2005).

9. NSW DPI to ensure that fishery assessment processes and management arrangements, for primary and secondary EGF species, take account of all removals, including best estimates of recreational, Indigenous and illegal catch.

Ongoing. As part of the resource assessment process.



References Gray, C.A., Johnson, D.D., Young, D.J., and Broadhurst, M.K. 2003. Bycatch assessment of the Estuarine Commercial Gill Net Fishery in NSW. Final Report to FRDC. ProjectNo. 2000/172. NSW Fisheries Final Report Series No. 55 ISSN 1442-0147 58pp

Scandol, J.P. 2004. A Framework for the Assessment of Harvested Fish Resources in NSW. NSW Department of Primary Industries – Fisheries Resource Assessment Series No. 15, ISSN 1449- 9940.

Scandol, J. 2005. A prioritisation model for the NSW observer program. Cronulla NSW DPI.

Stewart, J., A. Hegarty, C. Young, A. M. Fowler and J. Craig, (eds) 2015. Status of Fisheries Resources in NSW 2013- 14. NSW Department of Primary Industries, Mosman: 391pp.

Stewart, J. 2007. Observer study in the Estuary General sea garfish haul net fishery in NSW. NSW Department of Primary Industries, Cronulla

West, L.D. Stark, K.E. Murphy,J.J. Lyle, J.M. Ochwada-Doyle, F.A. 2015. Survey of Recreational Fishing in New South Wales and the ACT 2013/14. Fisheries Final report Series No. 146 Department of Primary Industries, pp 170.

NSW Department of Primary Industries, 2017. Status of fisheries resource in NSW 2014-2015 summary. NSW Department of Primary Industries. Mosman

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