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Commercial Scallop Dive Fishery (Port Phillip Bay) Baseline Management Arrangements

Published by the Victorian Government Department of Environment and Primary Industries Melbourne, November 2013

© The State of Victoria Department of Environment and Primary Industries Melbourne 2013This publication is copyright. No part may be reproduced by any process except in accordance with theprovisions of the Copyright Act 1968.

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ISBN 978-1-74326-517-8

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Contents

Overview 2

Section 1: Baseline management arrangements 3

Legislative framework 3Management objectives 4Geographical context 4Target species 4Licence 4Gear 5Total Allowable Commercial Catch 5Spatial management - zones 5Spatial management – Scallop Commercial Fishing Exclusion Zones (SCFEZ) 6Fishing year 6Legal minimum length 6Reporting requirements 6Food safety requirements 7Occupational health and safety 7Fishery costs and cost recovery 7Compliance 8Commercial Fishery Plan 8Summary 9

Section 2: Guidelines for developing the fishery 11

The nature of scallop fisheries 11Process for decision making 12

References 13

Appendix A 14

Appendix B 17

Appendix C 21

Appendix D 22

Level 1: Mandatory fishery-dependent data 22Level 2: Data collected at Level 1 plus fishery-independent survey data and additional (non mandatory) data.22Level 3: Data collected at Levels 1 and 2 plus modelling to assess stock status 25

Commercial Scallop Dive Fishery (Port Phillip Bay) Management Arrangements November 20131

Overview

The purposes of the document are: to specify the baseline management arrangements that will apply to the proposed Commercial Scallop Dive Fishery at the commencement of fishing; and to outline the process for potentially developing the fishery.

This document builds on the ‘Proposal to establish a commercial dive fishery for scallops in Port Phillip Bay’ which was released for public comment in April 2013. Submissions on the proposal were collated and are being used to inform the establishment of the proposed fishery.

Section 1 of this document describes a set of baseline management arrangements, which have been developed to achieve compliance with relevant legislation and to meet fishery management objectives. These arrangements will apply to the proposed Commercial Scallop Dive Fishery at the commencement of fishing.

Existing knowledge of the scallop resource in Port Phillip Bay is limited. The baseline management arrangements are, therefore, conservative. Note that the term ‘conservative’ here equates to exercising additional caution in favour of conservation when information on stock status is absent or uncertain (Dowling et al. 2008).

There may be an opportunity for catch limits to be increased if this is supported by data collected by the licence holder. Section 2 of this document outlines the requirements for data collection, analysis and assessment for each stage of the fishery’s development. For instance, from Level 1 (data-limited, no reliable information on current biomass or exploitation rate) when only mandatory, fishery-dependent data are collected, to Level 3 (highest quality data, robust quantitative assessment and least uncertainty regarding stock status) where the fishery is fully developed.

The Department of Environment and Primary Industries (the Department) acknowledges that the collection and interpretation of fishery information will incur costs. All such costs shall be borne by the licence holder. The licence holder will, therefore, decide if, when and how much to progress the fishery (as described in Section 2). There will be no requirement to develop the fishery beyond Level 1.

The Department makes no representation as to whether the fishery is capable of being further developed. For instance, while additional information may support less conservative management (i.e. a higher catch limit), it may also indicate that initial catch limits should be decreased to ensure the sustainability of the stock.

The proposed Commercial Scallop Dive Fishery will continue to be managed under the baseline management arrangements set out in this document until a draft ‘Commercial Fishery Plan’ is approved by the Department. The licence holder will be required to develop the Commercial Fishery Plan within 12 months from the commencement of fishing.

The licence holder will not be able to commence fishing for scallops until approval to sell scallops for human consumption is obtained (i.e. relevant licences from Primesafe) and all compliance requirements (i.e. installation of Vessel Monitoring System/s), are met.

It is important to note that the economic viability of this fishery is unknown, and that the Department gives no guarantee about its profitability.

There are a number of known costs that are applicable to the fishery and that are outlined in this document (e.g. licence fees and levies, Vessel Monitoring System – initial unit and ongoing monitoring costs). Potential licence holders should familiarise themselves with these costs prior to the auction of the fishery access entitlement.

The contents of this document are subject to change pending the completion of the following steps:

The making of regulations to create the new class of access licence (i.e. a Scallop Dive (Port Phillip Bay) Access Licence), associated fees and levies and to set out how the fishery will be regulated; and

Declaration by Ministerial Orders in the Government Gazette that the new fishery is to be managed by the allocation of a quota and setting the Total Allowable Commercial Catch.

It is expected that these steps will be completed prior to the auction of the access entitlement.


Section 1: Baseline management arrangements

The ‘Proposal to establish a commercial dive fishery for scallops in Port Phillip Bay’, released by the Department of Environment and Primary Industries (the Department) in April 2013, provided information on the two target species, the commercial scallop (Pecten fumatus) and the doughboy scallop (Chlamys asperrimus), and on recreational and commercial fishing for scallops in Port Phillip Bay and Bass Strait. The Proposal provides the background for the establishment of the proposed Commercial Scallop Dive Fishery.

A set of precautionary baseline management arrangements for the fishery have been developed to achieve fishery management objectives (see Management objectives). These arrangements will be specified via Fisheries Regulations 2009 and as conditions on the Scallop Dive (Port Phillip Bay) Fishery Access Licence.

While the arrangements themselves cannot be altered (i.e. the fishery will be managed with a Total Allowable Commercial Catch (TACC)), the parameters of the arrangements may be adjusted as part of the future development of the fishery (i.e. the amount of the TACC may be changed as more information becomes available – see Section 2) if the appropriate data collection, analysis and assessment supports a change.

The fishery would develop primarily through changes to catch limits, which can be effected annually. Other management arrangements (i.e. the size limit) may be adjusted, but these changes would involve amendments to regulations so would occur over a longer time scale.

The proposed Commercial Scallop Dive Fishery will be managed through a TACC which is administered by the established Quota Management System (QMS) and by a series of input controls including limited entry, gear restrictions, a size limit and spatial closures.

Legislative frameworkThe proposed Commercial Scallop Dive Fishery will be managed in accordance with the Fisheries Act 1995 (the Act) and the Fisheries Regulations 2009 (the Regulations).

The Act provides the legislative framework for managing fisheries resources in Victoria and sets out the general provisions applicable to all commercial access licences, including the proposed Scallop Dive (Port Phillip Bay) Fishery Access Licence.

The Regulations (which are made under the Act) will provide the specific detail regarding authorised activities and the obligations of the licence holder, and persons acting on their behalf, when operating under the proposed Scallop Dive (Port Phillip Bay) Fishery Access Licence.

In addition, there may be further conditions that the licence holder must adhere to which will be expressed or referred to on the licence itself (licence conditions).

Management of the proposed Commercial Scallop Dive Fishery will also be consistent with other key legislation, including, but not limited to:

Environment Protection Act (Victoria) 1970;

National Parks Act 1975;

Historic Shipwreck Act 1976;

Marine Act (Victoria) 1988;

Environment Protection and Biodiversity Conservation Act (Commonwealth) 1999;

Seafood Safety Act 2003;

Occupational Health and Safety Act 2004; and

Maritime Security legislation for ports and harbours.

The licence holder should be aware that there may be activities or development within Port Phillip Bay, managed under other legislative frameworks, that could impact upon the proposed Commercial Scallop Dive Fishery in the future (e.g. further channel deepening).


Management objectivesThe baseline management arrangements have been developed to achieve compliance with the Act, the Regulations, and Fisheries (Fees, Royalties and Levies) Regulations 2008.

The objectives contained in the Act require Victoria’s fisheries to be managed in an efficient, effective and ecologically sustainable manner. A number of fishery-specific, ‘guiding’ objectives are proposed for the Commercial Scallop Dive Fishery that are consistent with these legislated objectives.

The fishery management objectives are:

Long-term sustainability of the scallop resource:

Ensure that the commercial harvest is kept within limits that are consistent with the long term sustainability of the fishery; and

Allow fishing for scallops in a manner that has minimal ecological impact.

Equitable resource access and use:

Maintain access to the fishery for recreational fishers; and

Provide a new commercial fishing opportunity.

Cost effective and participatory management:

Ensure that the management of the fishery and the provision of associated services are efficient, effective and responsive using regulatory approaches that are enabling and incentive-based;

Apply the principle that users of the commercial fishery pay for the cost of services from which they benefit and for services that address risks created by their activities; and

Enable participation by fishers and other relevant stakeholders in fisheries management, taking account of the respective responsibilities of government and fishers.

Geographical contextThe proposed Commercial Scallop Dive Fishery (Port Phillip Bay) will be defined in Schedule 4 of the Regulations as ‘Port Phillip Bay other than exclusion zones specified in item 2 of Schedule 20’.

As well as the Scallop Commercial Fishing Exclusion Zones (see Spatial management), the proposed Commercial Scallop Dive Fishery will be excluded from areas in Port Phillip Bay where other types of commercial fishing are excluded, including but not limited to: marine parks and reserves, aquaculture zones, shipping channels and shipwrecks.

Port Phillip Bay is a largely enclosed marine bay in Victoria, south-east Australia. The surface area is approximately 1930 km2. There are some small areas of reef but otherwise the bottom is sand and mud. The central portion of the bay is 20 to 24 m deep but about half of the bay is less than 14 m deep. Contact with Bass Strait is through a single, narrow opening. Water temperature ranges from approximately 8o C to 26o C annually and salinity from 26o/oo to 39o/oo. Melbourne, Victoria’s largest city (population 4.25 million), is situated in the north of the bay. Suburbs extend along the eastern and western shores.

Port Phillip Bay is extensively used for recreational pursuits such as swimming, diving, boating, windsurfing and fishing. There are a large number of yacht clubs and surf lifesaving clubs located around the perimeter.

Water quality can be very variable as a number of rivers, as well as creeks and stormwater drains, flow into the bay from a large catchment area.

Target speciesThe only species that will be able to be harvested in the proposed Commercial Scallop Dive Fishery are the commercial scallop (Pecten fumatus) and the doughboy scallop (Chlamys asperrimus). No other species will be able to be retained.

LicenceAccess to the proposed Commercial Scallop Dive Fishery will be authorised by the Scallop Dive (Port Phillip Bay) Fishery Access Licence, which will be issued under Section 38 of the Act. There will be one licence for the fishery (issued to an individual, a single corporation or a co-operative as per section 51(3A) of the Act).

All quota (the quantity of scallops that can be harvested) will be linked to this single licence. The quantity of scallops comprising an individual quota unit may be amended at any time through the publication of a further quota order published in the Government Gazette.


The licence holder will be able to engage one or more people to carry out any activity authorised by the licence but they must be listed on the licence.

The Scallop Dive (Port Phillip Bay) Fishery Access Licence will be subject to all provisions under the Act including:

The Secretary of the Department of Environment and Primary Industries must renew the licence for a further period if the licence holder has a record of compliance with the Act.

The licence may be cancelled if the Secretary considers that the person has ceased to be a fit and proper person to hold the licence, has ceased to satisfy any relevant eligibility criteria and/or has ceased to be actively, substantially and regularly engaged in the activities authorised by the licence.

The Scallop Dive (Port Phillip Bay) Fishery Access Licence will also have the following characteristics:

The licence will be transferable (with the quota).

The licence will be subject to any conditions that the Secretary deems appropriate and that are expressed or referred to in the licence.

A draft of the Scallop Dive (Port Phillip Bay) Fishery Access Licence has been provided in Appendix A. This is a sample only and subject to change.

GearCommercial fishing for scallops will be by divers using underwater breathing apparatus and hand-collection only. No devices, other than a measuring implement and a collection bag, will be allowed. Only hand collection is allowed to avoid disturbing the seafloor and associated habitats during fishing activities.

Total Allowable Commercial CatchThe proposed Commercial Scallop Dive Fishery will be subject to a Total Allowable Commercial Catch (TACC) which will be managed using the established Quota Management System (QMS). There will be 6 quota units for Pecten fumatus (one unit per zone – see Spatial management) and 6 quota units for Chlamys asperrimus (one unit per zone).

An initial TACC of 12 tonnes whole weight will apply to P. fumatus for Port Phillip Bay, which represents the cumulative total of 2 tonne from each of six zones (see Spatial management).

A TACC of 600 kgs whole weight will apply to C. asperrimus for Port Phillip Bay, which represents the cumulative total of 100 kgs from each of six zones.

In the future, an allowance of 10% of the Total Allowable Catch (TAC) will be allocated to the recreational sector. The TACC will therefore be the TAC minus 10%.

Information on the process for TACC setting is provided in Section 2.

Spatial management - zonesThe proposed Commercial Scallop Dive Fishery will be managed spatially by zone in order to manage sustainability risks. Catch restrictions by zone will ensure that fishing effort is spread spatially and that information about the resource is collected across the entire bay.

The zones will be a combination of the historical ‘strata’ used to determine scallop abundances during the historical scallop dredge fishery (Appendix B, Figure 1) and the pre-existing grid system currently used to record catch and effort data in Port Phillip Bay (Appendix B, Figure 2). ‘Blocks’ in the catch and effort grid system will be amalgamated to approximate the boundaries of strata (Appendix B, Figure 3). A combination of the two systems will be used because the boundaries of the individual strata are too convoluted to enforce catch limits within their borders and there are too many blocks in the pre-existing grid system to set restrictions per block (Appendix B, Figure 3). The boundaries of the zones will align with lines of latitude and longitude. For example, the southern border of Zone 1 and northern border of Zones 2 and 5 will all be at a latitude of 38o 0’ South.

Spatial management – Scallop Commercial Fishing Exclusion Zones (SCFEZ)Commercial scallop fishing will be excluded from two Scallop Commercial Fishing Exclusion Zones located off Rye and Indented Head (Appendix B, Figure 4).

Rye: The SCFEZ will extend from Dromana Pier in the east to Point Nepean in the west and be bounded by the South Channel to the north (see Appendix C for geographical co-ordinates)


Indented Head: The SCFEZ will extend from Portarlington Pier in the north to St Leonards Pier in the south (see Appendix C for geographical co-ordinates).

The licence holder will not be able to possess, or use, commercial fishing equipment in these areas.

Fishing yearThe proposed Commercial Scallop Dive Fishery will be able to operate from 1 April to 31 March.

Legal minimum lengthA legal minimum length (LML) of 90mm shell length (when measured in a straight line at the widest point across the shell) will apply to P. fumatus. There will be no LML for C. asperrimus at the commencement of fishing.

Reporting requirementsReal time reporting

Real time information is critical in a quota-managed fishery to ensure compliance with the TACC and with zone restrictions. Real time reporting allows for an up-to-date tally of catch against quota to be maintained and communicated to the Department and the licence holder. The prior-to-launching report commits the licence holder to a commercial fishing trip.

Real time reporting will be mandatory:

Prior-to-launching;

Prior-to-landing; and

Post-landing.

All reporting will be done via a new electronic reporting system that will be trialled in this fishery. This will require the use of a ‘reporting application’ that is downloaded on to a mobile device such as a compatible mobile phone. Fishers will be provided with training on the use of this electronic reporting system. The new system aims to minimise disruption to fishing and to streamline reporting.

Although the Department has funded the initial development of the reporting application, any modifications that are required to develop the fishery in the future (see Section 2), will need to be funded by the licence holder.

Daily Catch Records

In addition to real time reporting, the licence holder, or person/s acting on behalf of the licence holder, will be required to submit daily catch and effort information. The application provided for real time reporting will be used to collect this information. Catch and effort information will be required for every fishing trip.

Catch Disposal Record

Catch Disposal Records (CDRs) provide information on the landed commercial catch for the purpose of tracking of the catch through the supply chain and to verify information recorded electronically.

The licence holder, or operator, will be required to complete a CDR to account for, and to accompany from the landing site, all scallops landed under the licence. The CDR will be required to be completed before scallops are sold or consigned. Where catch is split between two or more purchasers at the point of landing, a separate CDR will be required for each purchaser receiving scallop.

Sales of scallops beyond the point of landing will need to be accompanied by a ‘sales receipt’ to provide evidence that the scallops came from a legal source.

The Department will provide CDR books to the licence holder. Sale receipts will need to be issued in accordance with the Regulations.

Annual Report

The licence holder will be required to submit an annual performance report, outlining the performance of the fishery for the previous 12 months, no later than 31 May of each year. The report will be published on the Department website to provide all stakeholders with a transparent and open account of the fishery’s progress.

The annual report will need to include the following:

Catch information (by zone and month);

Effort information (by zone and month); and


Information on data collection, analyses and assessments completed.

Food safety requirementsAs bivalve molluscs, scallops have potential food safety risks when sold for human consumption. There are food safety requirements that must be met by the licence holder in order to comply with the Seafood Safety Act 2003. The licence holder will need to consider these requirements when determining the product they wish to market for human consumption (e.g. adductor muscle only, roe on or whole). Since each of these products has a different risk profile, different food safety requirements apply. The licence holder needs to be aware that meeting these requirements may involve the investment of resources and a PrimeSafe Licence will be required. The requirements for this include the implementation of a documented food safety management system that effectively controls food safety risks. The food safety plan may be required to show compliance with the Australian Shellfish Quality Assurance Plan (ASQAP), which includes, for example, classification of harvest areas and the implementation of a water quality monitoring program. Other specific requirements for bivalve molluscs are described in “Standard 4.2.1 - Primary Production and Processing Standard for Seafood” in Chapter 4 of the “Australia New Zealand Food Standards Code (the Code)”. The Code, and Standard 4.2.1 is available on the Food Standards Australia New Zealand website at www.foodstandards.gov.au. The licence holder needs to be aware of the requirements and the extent to which meeting these requirements may delay fishing. Government may provide additional information, prior to the auction of the fishery access entitlement, that further outlines the requirements for the licence holder in meeting food safety standards.

Licensing requirements

The licence holder will be responsible for obtaining the relevant licences from PrimeSafe. To be granted a PrimeSafe Licence, the licence holder will need to demonstrate compliance with relevant Australian and Victorian Standards and guidelines.

For seafood businesses that harvest seafood for human consumption (and that is landed in Victoria), a PrimeSafe ‘Wildcatch’ Licence is required. Depending on the business model and activities of the new fisheries licence holder, the PrimeSafe Licence may need to include Seafood Wholesaler, Processor and/or Retailer provisions.

It is recommended that potential licence holders in the proposed Commercial Scallop Dive Fishery engage with PrimeSafe prior to the sale of the scallop dive fishery access entitlement in order to discuss their proposed business model and to ensure that they will be able to comply with the requirements.

Occupational health and safetyThe Occupational Health and Safety Act (2004) and Occupational Health and Safety Regulations (2007) places obligations on employers, contractors, employees and self-employed persons to ensure a safe workplace. The licence holder will be responsible for complying with relevant legislation.

The Australian/New Zealand Standard (AS/NZS) 2299.1:2007 provides detailed technical advice on how to safely conduct an occupational diving operation and AS/NZS 2815 provides information on the training of occupational divers.

Fishery costs and cost recoveryThe licence holder will be subject to recovery of research, compliance, management and administration costs attributed to the fishery. Costs are recovered in accordance with cost recovery principles, such as:

Those who benefit from government services pay for the associated costs; and

The design, nature and extent of services should take account of the risks posed to the fishery and the value of production.

The initial, annual recoverable costs for the proposed Commercial Scallop Dive Fishery are expected to be $11,000 annually at Level 1 (approximately $1,800 for research services, $2,300 for compliance, $5,400 for management and $1,500 for administration of catch and effort, quota and cost-recovery).

These costs will increase if the licence holder decides to develop the fishery to Level 2 and beyond (see Section 2). As an example, research services would be expected to increase from approximately $1,800 at Level 1 to approximately $9,000 at Level 2 to cover the additional costs of overseeing and auditing the collection, analysis and assessment of data as well as input into the harvest strategy (see Commercial Fishery Plan).

Levies will also be collected annually from the licence holder to cover contributions to Seafood Industry Victoria ($412.16 in 2014) and the Fisheries Research and Development Corporation (FRDC). The FRDC levy will be set at zero for the first year as the value of harvest is not yet established and it is not known when harvesting will commence.

Compliance


The Department uses a comprehensive and transparent intelligence-led process for setting compliance priorities that involves analysing compliance intelligence, data and information to help target resources. Annual strategic compliance priorities are published on the Department website. The Department regularly assesses and evaluates its performance in this area to ensure its approach to compliance risks and resourcing remains responsive and adaptive.

Regulations and licence conditions

A full set of regulations and licence conditions that will apply to the proposed Commercial Scallop Dive Fishery will be provided to registered parties (person/s who have expressed their interest in the Commercial Scallop Dive Fishery by registering on the Department website) prior to the close of the Expression of Interest (EoI) application process.

A number of operating conditions to manage compliance risks will apply to the proposed Commercial Scallop Dive Fishery, including, but not limited to:

Notification and reporting requirements;

Requirements around the landing of scallops (e.g. must be landed at a specified place, only whole scallops can be landed);

Prohibition on transferring scallops at sea and between person/s;

No possession of recreationally caught scallops at the same premises as commercially caught scallops;

No recreational fishing from a commercially registered vessel; and

Any person operating on behalf of the licence holder must be named on the licence and will be required to pass a requisite fit and proper check.

This is a summary only and subject to change.

Vessel Monitoring System

All vessels nominated on the Scallop Dive (Port Phillip Bay) Fishery Access Licence will be required to be fitted with an operational Vessel Monitoring System (VMS), which includes, or consists of, an automatic location communicator of a type approved by the Secretary (refer to ‘Register of approved VMS units’ on the Australian Fisheries Management Authority (AFMA) website as an initial guide).

The licence holder will be required to cover the cost of the unit/s as well as ongoing monitoring costs (expected to be approximately $1000 per vessel per year but subject to change).

Commercial Fishery PlanA ‘Fishery Management Plan’ as described in Part 3 of the Act includes the management of all sectors that may access a resource, including recreational, traditional and non-consumptive uses. The Department will therefore be responsible for developing a broader management plan for the scallop resource in Port Phillip Bay which includes resource sharing considerations and management of the Scallop Commercial Fishing Exclusion Zones.

The licence holder will, however, be required to draft a ‘Commercial Fishery Plan’ which is the part of the broader management plan that relates to the operation of the commercial fishery. The draft ‘Commercial Fishery Plan’ will be required from the licence holder within 12 months from the commencement of fishing and will need to include the following:

A set of operational fishery management objectives (fishery-specific ‘guiding’ management objectives – see Management Objectives - are translated into practical ‘operational’ objectives);

Proposed approach to developing the fishery (consistent with Section 2); and

Co-management arrangements with the Department.

If the fishery progresses to Level 2 and beyond, it is expected that the ‘Proposed approach to developing the fishery’ component of the Commercial Fishery Plan would become a ‘harvest strategy’. A harvest strategy is a structured framework that guides fishery management decision making processes. It brings together all the monitoring, assessment and management elements used to make decisions about the level of fishing that is applied to a fishery. The licence holder would develop the harvest strategy with guidance from the Department and the ‘National Guidelines to Develop Fishery Harvest Strategies’ (Sloan 2013).

The proposed Commercial Scallop Dive Fishery will continue to be managed under the baseline management arrangements until a draft Commercial Fishery Plan is approved by the Department.

Summary


Table 1: A summary of the baseline management arrangements for the proposed Commercial Scallop Dive Fishery.

Feature Description

Legislative framework Fisheries Act 1995 (the Act)

Fisheries Regulations 2009 (the Regulations)

Scallop Dive (Port Phillip Bay) Fishery Access Licence – licence conditions

Other key legislation

Management objectives Objectives contained in the Act

Fishery-specific management objectives

Geographical context Port Phillip Bay, Victoria, Australia

Exclusions will apply

Target species Commercial scallop (Pecten fumatus)

Doughboy scallop (Chlamys asperrimus)

No other species will be able to be retained

Licence Scallop Dive (Port Phillip Bay) Fishery Access Licence – one licence

All quota (the quantity of scallop that can be harvested) will be linked to this single licence

Gear Commercial fishing for scallops will be by divers using underwater breathing apparatus and hand-collection only

Total Allowable Commercial Catch (TACC)

The Total Allowable Commercial Catch (TACC) will be managed using the established Quota Management System (QMS)

An initial TACC of 12 tonnes whole weight will apply to P. fumatus for Port Phillip Bay, which represents the cumulative total of 2 tonne from each of six zones

A TACC of 600 kgs whole weight will apply to C. asperrimus for Port Phillip Bay, which represents the cumulative total of 100 kgs from each of six zones

In the future, an allowance of 10% of the Total Allowable Catch (TAC) will be allocated to the recreational sector

Spatial management Six zones

Two Scallop Commercial Fishing Exclusion Zones

Fishing year From 1 April to 31 March

Legal minimum length (LML)

A LML of 90mm shell length (widest diameter) will apply to P. fumatus

No LML will apply to C. asperrimus

Reporting Real time reporting

Daily Catch Record Book

Catch Disposal Record and sales receipts

Annual Report

Food safety requirements

The licence holder will be responsible for ensuring all food safety requirements are met prior to the sale of scallops for human consumption

Occupational health and safety

The licence holder will be responsible for complying with relevant legislation

Fishery costs and cost recovery

The initial, recoverable costs are expected to be in the order of $11,000 annually at Level 1

Compliance A full list of regulations and licence conditions will be provided prior to the close of the Expression of Interest application process

All nominated vessels will be required to be fitted with an operational Vessel Monitoring System


Feature Description

(VMS)

Commercial Fishery Plan

A draft Commercial Fishery Plan will be required from the licence holder within 12 months from the commencement of fishing


Section 2: Guidelines for developing the fishery

Fishing in the proposed Commercial Scallop Dive Fishery will begin under a set of baseline management arrangements to protect the scallop resource from overfishing, given the limited information available on stock status.

There may be an opportunity, however, for the licence holder to develop the fishery beyond the baseline management arrangements if this is supported by data collected by the licence holder. As noted in Section 1, the fishery will develop primarily through changes to catch limits, which can be effected annually.

The Department has specified the requirements for data collection, analysis and assessment that must be met in order to develop the fishery beyond the initial catch limits. These are described for each level of the fishery:

Level 1: Mandatory fishery-dependent data. At the first level, the fishery is data-limited and information on current biomass or exploitation rate is absent or uncertain. The only data that are collected are fishery-dependent data mandated by reporting requirements. If mandatory fishery-dependent data are the only data collected, changes to management arrangements (i.e. the Total Allowable Commercial Catch, TACC) would only be possible after a minimum of three years of data collection.

Level 2: Data collected at Level 1 plus fishery-independent survey data and additional (non-mandatory) data. To progress the fishery to the second level, fishery-independent surveys are conducted and additional (non-mandatory) fishery-dependent data are collected. The survey allows for a TACC to be set based on the assessment of empirical information about the resource.

Level 3: Data collected at Levels 1 and 2 plus modelling to assess stock status. At Level 3, the fishery is well developed with high quality data (fishery-dependent and fishery-independent data), a time-series of fishery information, a robust quantitative assessment and the least uncertainty regarding stock status. At this level, the yield from the fishery would be optimised.

This multi-level approach to development allows a progressive ‘learning from doing’ situation so that data collection, analysis and assessment evolves from the simple towards something more complex as more data are strategically acquired and the fishery can afford the costs of additional information collection. Essentially there is a progression from low cost, low yield, at Level 1 to higher cost, optimum yield, at Level 3.

This approach allows for higher potential catches as more is known about a stock but it also allows the licence holder to make decisions about how much to invest in developing the fishery.

At any level, the licence holder will be responsible for the collection and analysis of the required data. The licence holder may choose to do components of this work themselves, if they have the capacity (i.e. conduct the survey), or engage others to do the work (i.e. analysis of the data).

There will be parts of the process for data collection, analysis and assessment that must be completed by person/s independent of the licence holder. For example, the Department will specify that an independent observer must oversee the survey and the Department will also require an audit of the data. The licence holder will be required to bear these costs as well as any other costs associated with the collection and analysis of fishery information.

As a result, there will be a trade-off between the conservative arrangements that are set in the face of uncertainty against the cost associated with gaining more information that may allow less conservative arrangements to be set.

Under any level, however, there can be no changes to the baseline management arrangements until a draft Commercial Fishery Plan is approved by the Department (see Section 1).

It is important to note that the licence holder will decide if, when and how much to progress the fishery. There is no requirement to develop the fishery beyond Level 1.

The requirements for data collection, analysis and assessment for each level of the fishery’s development are described in Appendix D.

The nature of scallop fisheriesAs noted above, additional information may support less conservative management (i.e. a higher catch limit). It may, equally, show that the initial catch limits should not be changed or, if there is evidence to suggest that the initial catch limit is unsustainable, decreased.

This is because scallop fisheries are characterised by naturally sporadic and fluctuating abundance and irregular, episodic recruitment. Scallops aggregate in sub-populations (scallop beds) which vary temporally in size and location. As a result, the amount of scallops that can be taken sustainably may vary considerably from year to year.


Process for decision makingThe process for decision making is provided to show how the collection, analysis and assessment of fishery information can lead to change in the baseline management arrangements (i.e. catch limits).

1. The licence holder (or person/s engaged by the licence holder) undertakes the collection, analysis and assessment of fishery information according to requirements described above. The Department provides guidance and oversight of this process.

2. The results of the analysis and assessment are used to formulate a request for change in management. The request is submitted to the Department.

3. The data, analyses and assessment are audited by the Department.

4. The Department may seek independent advice on the analysis and assessment from an independent panel comprised of scientific, government and commercial fishery members, as well as representatives from environmental and recreational sectors. The panel will be asked to consider the assessment prepared by the licence holder (or person/s engaged by the licence holder) as well as catch and effort trends, risks and other relevant factors and provide advice on the proposed change.

5. The Department may convene a public stock assessment workshop in order to provide transparency of process for all sectors that access the scallop resource in Port Phillip Bay.

6. The Department will make a decision regarding licence holder’s proposal to amend the management arrangements.

7. The decision is communicated to licence holder and other stakeholders.

The licence holder will be required to bear the costs associated with the process outlined above with the exception of: seeking advice from an independent panel (No. 4) and convening a public workshop (No. 5). The Department will bear the cost of these two items.


References

Coleman, N. (1998) Counting scallops and managing the fishery in Port Phillip Bay, south-east Australia. Fisheries Research 38, 145-157.

Dowling, N.A., Smith, D.C., Knuckey, I., Smith, A.D.M., Domaschenz, P., Patterson, H.M. and Whitelaw, W. (2008) Developing harvest strategies for low-value and data-poor fisheries: Case studies from three Australian fisheries. Fisheries Research 94, 380-390.

Gwyther, D. and Burgess, D. (1986) Abundance of scallops in Port Phillip Bay and predictions of yields for the 1986 season. Department of Conservation, Forests and Lands, Victoria. Marine Science Laboratories Technical Report 59, 18pp.

Perry, R. I., C. J. Walters, and Boutillier, J. A. (1999) A framework for providing scientific advice for the management of new and developing invertebrate fisheries. Reviews in Fish Biology and Fisheries 9, 125–150.

Sause, B.L., Gwyther, D. and Burgess, D. (1987). Larval settlement, juvenile growth and the potential use of spatfall indices to predict recruitment of the scallop Pecten alba Tate in Port Phillip Bay, Victoria, Australia. Fisheries Research 6, 81-92.

Sloan, S., Smith, T., Gardner, C., Crosthwaite, K., Triantafillos, L., Jeffries, B. and N. Kimber (2013) National Guidelines to develop fishery harvest strategies. FRDC Report - Project No. 2010/061. Fisheries Research Report. Primary Industries and Regions, South Australia.


Appendix A

Scallop Dive (Port Phillip Bay) Licence: SAMPLE ONLY

THE FOLLOWING CONDITIONS ARE REPRESENTATIVE OF CONDITIONS THAT MAY APPEAR ON THE LICENCE WHEN ISSUED

NOTE: THIS DOCUMENT IS NOT A VALID LICENCE

Access Licence (SAMPLE)FISHERIES ACT 1995

Issue Date: 1 April 2014 Expiry date: 31 March 2017

SMITH, JOHN

12 BROWN STREET

KOOWERUP VIC 3000

Personal File Number (PFN): 12345

Access Licence Licence Number Fee Paid

Scallop Dive (Port Phillip Bay) EA1

Licence Operator Surname First Name PFN

JONES JACK 12222

Corporate Contact

In the case of a corporate entity holding the licence, the contact for the corporation is:

Mr Joe BloggsManager, Co-op for Scallop Diving1 Blue StreetMelbourne VIC 3000Telephone: (03) 1111 2222Email: [email protected]

Authorised Activities

The Licence Holder named above and the person(s) listed below are authorised under Sections 38 and 39(2) of the Fisheries Act 1995 to carry out the following activities in marine waters in Port Phillip Bay, subject to the conditions set out in the Fisheries Act 1995 and the Fisheries Regulations 2009 and those detailed below -

a. to collect scallop by hand using underwater breathing apparatusb. to take scallop for salec. to process landed scallop.


Additional Persons Authorised To Carry Out Fishing Activities Under This Licence

Surname First Name PFN

TAYLOR RON 18422

Conditions

General

1. This licence, or a true and accurate copy, must be carried by the Licence Holder and persons authorised to carry out fishing activities under this licence at all times when conducting any activities under this licence (divers are not required to carry a copy of the licence when in the water) and made available for inspection on request by any authorised officer of the Department of Environment and Primary Industries or member of the Police Force.

2. Activities conducted under the authority of this licence must cease at the direction of an authorised officer of the Department of Environment and Primary Industries or member of the Police Force.

3. The Licence Holder must allow a Department of Environment and Primary Industries appointed observer or researcher on board, upon request by an authorised officer or the Secretary’s delegate, to monitor adherence to licence conditions or to undertake or assist with research, survey or evaluation relevant to Scallop Dive (Port Phillip Bay) Fishery.

4. The Licence Holder and any persons authorised to carry out fishing activities under this licence must ensure minimal disturbance to the aquatic environment whilst operating under this Licence.

5. No boat other than a boat which is registered for commercial fishing in Victorian waters is to be used for taking scallop under this Licence.

6. The licence holder must not carry on board the boat scallops taken under a Commonwealth or any other State authorisation if notification to fish under this licence has been given.

Commercial Fishery Plan

7. The Licence Holder must prepare a draft ‘Commercial Fishery Plan’ relevant to the Scallop Dive (Port Phillip) Bay Fishery, to the satisfaction of the Secretary’s delegate, within 12 months of commencing fishing under this Licence.

8. The draft ‘Commercial Fishery Plan’ must include the following:

i. a set of operational fishery management objectives

ii. details of the proposed approach to developing the fishery

iii. an outline of the co-management arrangements with DEPI

9. A copy of the final ‘Commercial Fishery Plan’ must be provided to the following address:

Mr Ross McGowan

Executive Director, Fisheries Victoria

GPO Box 4440

Melbourne VIC 3001

Important Information

10. This authorisation does not absolve the Licence Holder or any persons authorised to carry out fishing activities under this licence from any legal obligation s/he may have under any other Act of Parliament.

11. In addition to the conditions set out in this licence, the Licence Holder and any persons authorised to carry out fishing activities under this licence must comply with the provisions of the Fisheries Act 1995 and the Fisheries Regulations 2009. For a copy of the Act or Regulations, please visit www.parliament.vic.gov.au.

12. A failure to comply with any condition of this licence or any provision of the Fisheries Act 1995 or Fisheries Regulations 2009 may render the licence holder, or any and persons authorised to carry out fishing activities under this licence, liable to prosecution.


http://www.parliament.vic.gov.au/

13. The Department of Environment and Primary Industries may vary or revoke a condition under this authority at any time following written notification to the licence holder according to the procedures set out in Section 54 of the Fisheries Act 1995.

14. The Department of Environment and Primary Industries may cancel or suspend this authority at any time by notice in writing to the holder according to the procedures set out in Section 58 of the Fisheries Act 1995.

15. Issue of this licence does not imply any right of reissue or on-going entitlement.

16. This licence confers no exclusive right to operate in any water body.

17. This licence does not preclude the need to obtain appropriate approvals from other agencies or authorities as required. The licence holder is responsible for obtaining all relevant approvals as required.

18. This licence does not confer the right to enter or take scallop in any area defined under the National Parks Act 1975 (this includes Marine National Parks and Marine Sanctuaries) or to enter any Fisheries Reserve or any other marine protected area.

19. Under Section 53 (2) of the Fisheries Act 1995, the licence holder may be held liable if a person acting on their behalf fails to comply with any licence condition.

20. Under Section 53 (4) of the Fisheries Act 1995, any person who does anything on behalf of the licence holder, must comply with all licence conditions.

Issued under and subject to the provisions of the Fisheries Act 1995 and subject to the conditions that are specified above and any conditions that may be prescribed by Regulation or added to this licence in accordance with Sections 52 and 54 of the Fisheries Act.

Issued by

Executive Director, Fisheries Victoria and delegate of the Secretary


Appendix B

Figure 1: Port Phillip Bay showing historical strata.


Figure 2: Port Phillip Bay showing catch and effort reporting grids.


Figure 3: Port Phillip Bay showing zones (an amalgamation of the historical strata and the catch and effort grid system).


Figure 4: Port Phillip Bay showing the two Scallop Commercial Fishing Exclusion Zones.


Appendix C

Table 1: Geographical co-ordinates for Rye Scallop Commercial Fishing Exclusion Zone

Point Longitude Latitude

Degrees Minutes Seconds Degrees Minutes Seconds

Point Nepean 144 39 9.24 38 18 5.73

South Channel entrance beacon

144 41 8.58 38 17 42.53

No. 1 beacon 144 42 25.36 38 17 57.68

No. 3 beacon 144 43 42.66 38 18 19.91

No. 7 beacon 144 47 3.22 38 19 0.33

No. 9 beacon 144 48 42.74 38 19 20.03

No. 11 beacon 144 50 5.59 38 19 30.64

South Channel Pile 144 51 32.48 38 19 52.36

No. 15 beacon 144 52 29.06 38 20 1.45

No. 19 beacon 144 54 29.30 38 20 7.52

No. 21 beacon 144 55 38.13 38 19 28.89

Dromana Pier 144 57 49.86 38 19 50.34

Table 2: Geographical co-ordinates for Indented Head Scallop Commercial Fishing Exclusion Zone

Point Longitude Latitude

Degrees Minutes Seconds Degrees Minutes Seconds

St Leonards Pier 144 43 17.46 38 10.00 12.37

No. 2Fl.R3s 144 44 26.17 38 9.00 0.10

1km east of No. 2Fl.R3s 144 45 7.23 38 9 0.10

1km east of No.4Q.R 144 44 56.76 38 7 40.85

1km east of Fl.R4s 144 44 53.18 38 6 24.59

Fl.R4s (Prince George Light)

144 44 12.15 38 6.00 24.59

Aquaculture Zone NE corner

144 42 11.13 38 6.00 11.06

Aquaculture Zone NW corner

144 40 41.02 38 6.00 9.37

Portarlington Pier 144 39 8.29 38 6.00 37.93


Appendix D

In order for the fishery to develop beyond the baseline management arrangements, the licence holder will need to invest in the collection of fishery information that supports less conservative arrangements. The requirements for data collection, analysis and assessment are described for each level of the fishery from Level 1 when the fishery commences to Level 3 when the fishery is fully developed.

Level 1: Mandatory fishery-dependent dataData The only data that must be collected at the commencement of fishing are data acquired during fishing operations when the fishery is subject to the baseline management arrangements. These include:

Catch (landed scallops, expressed as whole weight in kilograms);

Effort (bottom time in minutes);

Catch rate (calculated from Catch and Effort);

Gear used (e.g. SCUBA, hookah or snorkel); and

Spatial distribution of effort and vessel hours at sea (from the Vessel Monitoring System).

These data will be collected at the spatial level of zone. Catch restrictions are specified for each zone to encourage a spread of effort across the fishery.

These data will be collected via the mandatory reporting requirements specified under the baseline management arrangements. Catch, effort and gear information will be collected via the real-time notifications and logbook reporting. Data on where the vessel is located during fishing operations, and its duration at each location, will be acquired from the Vessel Monitoring System (VMS).

It is, however, in the licence holder’s best interests to collect additional (non-mandatory) data from the commencement of fishing. This is discussed at Level 2.

Analysis and assessment At Level 1, where only mandatory fishery-dependent data are available, the only information that can be obtained from the data are spatial patterns in catch and effort and trends in catch rate (catch-per-unit-effort – CPUE expressed as kilograms of whole weight per hour of bottom time / per hour of vessel time at sea / per unit area), standardised by gear type.

It is likely the biomass of scallops will reduce during the initial phase of development, but this might not be detectable as scallops appear to have relatively strong compensatory mechanisms for recovery in relatively short time frames when environmental conditions are favourable.

It is, therefore, important that sufficient observations are made in each zone as values of the performance indicators (catch, effort, catch rate) will change as more of a particular zone is fished for the first time. Within the first years, values will fluctuate due to spatial heterogeneity in the pattern of effort. As a minimum, it is likely that a three year time period would be required to establish a robust baseline of data.

Given this, no change to management arrangements will be possible, if the licence holder chooses to stay at Level 1, until at least three years of mandatory fishery-dependent data have been collected and a baseline of data has been established.

Level 2: Data collected at Level 1 plus fishery-independent survey data and additional (non mandatory) data.DataTo progress the fishery to the second level, fishery-independent surveys are conducted and additional (non-mandatory) data are collected. This is in addition to the ongoing collection of mandatory fishery-dependent data.

A fishery-independent survey would provide data on:

Density (number of scallops per m2); and

Size structure of sampled scallops.


These data would be combined with additional (non-mandatory) data such as length-to-weight relationships, size/age structure and fine-scale spatial information, to covert the survey data into information that can be used to empirically set TACC/s at the fishery and zone level based on current information (providing scope for a larger change to the TACC). More information on the additional data required to support the fishery is provided in ‘Additional (non-mandatory) data’ below.

It is important to note that, due to the variable nature of scallop fisheries, the fishery-independent survey must be conducted on an annual basis to inform the TACC. If a survey is not conducted prior to the season, the TACC reverts to initial values.

Fishery-independent survey designThe design of the fishery-independent survey (FIS) is based on the survey design used to estimate scallop abundance for the commercial scallop dredge fishery from 1982 to 1996. This survey design represents a starting point that can be refined by the licence holder over time (see below).

The survey uses a random stratified sampling design of six strata (Appendix B, Figure 1). The boundaries of the strata are based on bathymetry (the boundary of Stratum 2 is the 20m deep contour) and historical scallop abundances in Port Phillip Bay (Coleman 1998).

The number of sampling sites in each stratum is based on historical abundance. Twenty five sites are sampled in strata 3, 4 and 5 and seven sites are sampled in strata 1, 2 and 6. The sites are located by using random numbers to generate pairs of grid co-ordinates. The positions thus selected are plotted until the required number of sites has been allocated in each stratum. In the field, sampling sites are located by a global positioning system (GPS).

At each survey site, two divers, using underwater breathing apparatus, swim a 50m x 1m belt transect. The transect pairs are situated roughly in parallel either side of the stern quarters of the vessel at anchor.

Scallops down to 25mm or less in shell length (when measured in a straight line at the widest point across the shell) are collected and brought on board the research vessel. Scallops less than 90mm shell length are measured to the nearest millimetre and returned to the water as soon as practicable. Scallops that are 90mm and larger are retained.

This provides a number of scallops per 100m2 and size-frequency information for each site.

On returning to port, retained scallops are weighed to provide a total whole weight retained and then each retained scallop is measured to the nearest millimetre and weighed. This provides information on the length-to-weight relationship for individual scallops of a harvestable size.

The licence holder must engage an observer (a person independent of the licence holder or associates) to oversee the survey who must travel on board the vessel during the survey and oversee the measuring and weighing in port. The observer must be approved by the Department prior to the survey commencing.

Ideally, surveys would be conducted across all strata initially. It may then be possible to eliminate strata with low scallop abundances from future surveys if annual survey costs need to be constrained but the TACC would then revert back to the initial value for these strata.

As noted earlier, this survey design represents a starting point and may be refined over time by the licence holder as data are collected to inform improvements. The Department will need to approve any modification to the initial design but, essentially, the following will apply:

Once data have been collected, a statistician will be required to review the properties of the data and, where possible, to perform a power analysis to estimate how many survey sites would be required to obtain statistically significant comparisons over time;

Replication should be such that precision (standard error/mean) does not exceed 25%, noting that Coleman (1998) estimated that the standard error of the mean for 70 stratified random sites was typically 15 to 30%; and

The boundaries of historical strata must be maintained.

Two-tiered designs, where preliminary surveying is used to identify commercially viable sub-strata for more intensive sampling, may be considered for inclusion once initial baselines have been established. Although sub-stratification has merit in increasing the precision of abundance estimates, it may be substantially costlier than the standard approach, and caution is required to ensure that scaling the observed densities to estimate absolute biomass avoids creating bias that may inflate recommended TACC to unsustainable levels.

Fishery-independent survey analysis and assessment The survey would provide information on density and size structure of sampled scallops. Using the size information and a known growth rate (Sause et al. 1987), the number of scallops that would be of harvestable size (i.e. 90mm or larger)


in the season following the survey is predicted using a simple model based on the von-Bertalanffy growth equation (Gwyther and Burgess 1986).

It is likely that growth rates for scallops in Port Phillip Bay have changed over time so this is one area of research that could be voluntarily undertaken by the licence holder (see Additional (non-mandatory) data).

The estimated abundance of scallops per stratum is calculated as the mean number of scallops per square metre multiplied by the total area of the stratum. Estimating abundance this way allows for comparisons with historical data, which is useful because it provides the opportunity to compare the abundance predicted by the survey with the actual yield of the fishery in the season following the survey. Historically, the results of the dive surveys generally provided a high level of accuracy in predicting the quality of the following fishing season, although in some years high mortality and/or slow growth diminished their accuracy (Coleman 1998)

For the purpose of setting a TACC for the current fishery, the estimated abundance of scallops per zone, rather than per stratum, needs to be calculated. The estimated abundance of scallops per zone is calculated as the mean number of scallops per square metre multiplied by the total area of the zone. As zone boundaries were set to approximate strata boundaries, the number of sites set per stratum will be an appropriate number for zones.

The simplest way to then calculate biomass in each zone would be to use the scaled estimates of abundance for each zone and the mean weights from retained scallops (whole fresh weight per individual) from a range of size categories (90mm and larger) to estimate the percentiles of biomass in each category.

A proportion (e.g. 10 to 20%) of the average estimated biomass (of scallops 90mm or larger) for each zone would be set as the TACC. Setting the proportion at a relatively conservative level of 10 to 20% ensures sustainable harvest in the event of high mortality and/or slow growth (as observed during the historical dredge fishery). It also ensures, in combination with the size limits, that sufficient future reproductive potential is retained, and accounts for the vulnerability of scallops to fishing (sedentary and aggregated in beds).

Additional (non-mandatory) data There is a unique opportunity to collect data at the commencement of fishing that will be invaluable in the future research and management of the species. Information from the start of exploitation provides a critical baseline of data against which the progress of the developing fishery can be compared. Failure to collect data at the outset can limit assessment options in the future, especially in any early stock reduction phase of the fishery.

It is, therefore, in the licence holder’s best interests to collect additional data at the lowest spatial scale possible (ideally, at the scale of each dive location) from the commencement of fishing.

The additional data that can be collected include:

Additional details on catch and effort (recording dive depth, ascent time, descent time, GPS location and catch for each dive).;

Size structure of the catch (measuring shell length - widest diameter in millimetres); and

Length-to-weight relationship for the catch (measuring shell length and weight of individual scallops).

The additional details on catch and effort would, ideally, be recorded for each dive, while information on size structure and length-to-weight relationship would be recorded for part of the catch (sub-sample).

These additional data would need to be collected independently by the licence holder, either manually, or via electronic devices.

Additional data on effort can be collected via electronic dive profile loggers and the size structure of the catch can be collected via electronic GPS-enabled shellfish-measuring boards. The Victorian abalone industry has been using electronic measuring machines coupled with data storage loggers for many years and these devices are eminently suited to monitoring scallop catches.

Although not mandated, electronic data acquisition represents a low cost method for accurate and precise geospatial monitoring of commercial catch and effort. Hand-measured data is an acceptable alternative, but it will be slower, prone to operator error, and will incur additional labour costs associated with transcribing data from datasheets into an electronic database.

Other data can be collected to provide information on the status of the scallop resource in Port Phillip Bay and to provide inputs for various stock assessment models (see Level 3) but collecting these data requires the destruction of animals and/or experiments to be conducted. The Department can work with the licence holder to determine a suitable sampling strategy for these data, at the licence holder’s request.

These other data include:

Age structure of the catch. This provides size-at-age information which is relevant to the setting of size limits;


Growth. Growth rate was determined during the 1980s (Sause et al. 1987) but is likely to have changed in the intervening period. Growth rate information, in conjunction with survey data, is used to determine the TACC; and

Meat weight of individuals (weight of adductor and gonad dried to a constant weight – 60o C for 48 hours) and the condition of the gonad (visual inspection). This provides information on the condition of scallops (i.e. suitability for harvest) which may affect the value of the TACC over the course of the fishing season. Monthly meat weight is one of the inputs for a per-recruit model.

Additional data analysis and assessment Fishery-dependent geo-referenced catch and effort data logging provides highly resolved and accurate information that can be used to gauge the performance of the fishery in a spatially explicit manner. Spatial resolution is important because it provides information that can be used to address issues that may arise among competing user groups and supplements information about scallop distribution and abundance from fishery-independent surveys.

Detailed catch and effort data also provides a baseline from which target and limit reference points for performance indicator/s can be determined. For example, one performance indicator for the proposed Commercial Scallop Dive Fishery would be commercial catch rate (catch-per-unit-effort – CPUE expressed as kilograms of whole weight per hour of bottom time / per hour of vessel time at sea / per unit area). Reference points are values of catch rate at which a management response is required. For example, a Target Reference Point (TRP) is where the fishery aims to be and a Limit Reference Point (LRP) is where there is an unacceptable risk to the stock. Reference points are accompanied by decision rules (i.e. the TACC is automatically increased or decreased by a percentage) to ensure that there is clarity, transparency and reproducibility in the management response.

Information on the size structure of the catch (fishery-dependent) and of the population (fishery-independent survey) shows how many year groups are present in the both the population as a whole and in the harvestable proportion of the population. This indicates the future potential of the fishery. For example, fluctuations in recruitment may result in insufficient biomass to support the TACC from a preceding year, but this would be less likely if there are several cohorts in the fishery compared with relying almost exclusively on 1+ aged scallops, as was the case during the final years of the scallop dredge fishery.

The analysis and assessment of the survey and additional data must be undertaken by person/s with scientific capability, which may be the licence holder or person/s engaged by the licence holder. The Department requires that the data, analysis and assessment be audited prior to use in the broader assessment process (see Process for decision making). It is, therefore, in the licence holder’s best interests to ensure that the collection, analysis and assessment of fishery information is done correctly. The Department can provide ongoing guidance to assist in the process.

Level 3: Data collected at Levels 1 and 2 plus modelling to assess stock statusThe fishery at Level 3 is represented by a time series of high quality data (fishery-dependent and fishery-independent data) and a robust quantitative assessment. At this level, there is the least uncertainty regarding stock status and yield from the fishery is optimised. This level also represents the highest cost to the licence holder as it has high data collection and analysis requirements.

Modelling can be used to assess stock status, to determine management targets or limits, and to provide probabilities of desirable or undesirable outcomes of fishing given different management strategies.

Several models are available to provide assessment advice for fisheries management, including surplus production and dynamic pool (e.g. yield per recruit) models and virtual population analyses. Information requirements, assumptions, advantages and disadvantages are itemised and discussed by Perry et al. (1999).

Initially, the simple deterministic yield model developed by Gwyther and Burgess (1986) for the scallop dredge fishery could be modified, implemented and progressively refined. This model incorporates growth and allows for the seasonal increase in scallop condition during the autumn-winter period. Biomass estimates, monthly dry meat weights and length-to-weight morphometric parameters are inputs for this model that uses the von Bertalanffy growth function and assumptions about natural mortality to estimate the amount that can be taken each month. The main output of the model is a daily catch limit per vessel that can be converted to a monthly catch allocation as a means of temporally distributing the TACC to maximise meat yield from the catch.

This method was designed to leave a residual stock of 70 million scallops on the seabed at the end of each season. Whether or not the figure of 70 million scallops should still apply is equivocal and, like all new measures of performance, would need to be tested as data accumulate during the development of the fishery. Nevertheless, at least initially, the requirement for a residual mature biomass of 70 million scallops should be retained as a safety net.

The application of any model will need to be preceded by exploratory data analysis to determine if the input data satisfy assumptions and conform to limitations imposed by its structure. Inclusion of an appropriate natural mortality rate for the season will be critical to ensuring that model outputs result in a TACC that is commensurate with current stock status.


Any modelling for the fishery must be undertaken by person/s with the appropriate expertise so the licence holder will need to engage consultants at their own expense. As noted earlier, the Department will require an audit of the data, analyses and assessment so it is in the licence holder’s best interests to ensure that the collection, analysis and assessment of fishery information is done correctly. The Department can provide ongoing guidance to assist in the process.


Table 1: A summary of the requirements for data collection, analysis and assessment for each level of the fishery from Level 1 when the fishery commences to Level 3 when the fishery is fully developed.

Level of the fishery’s development

1 2 3

Data type Mandatory fishery-dependent data

As for Level 1

plus

Fishery-independent survey data

Additional (non-mandatory) data

As for Levels 1 and 2

plus

A time series of data

Data Catch

Effort

Catch rate

Gear used

Spatial distribution of effort and vessel hours at sea

As for Level 1

plus

Survey data (density, size structure of sample scallops)

Additional details on catch and effort

Size structure of the catch

Length-to-weight relationship for the catch

Age structure of catch

Growth

Meat weight

Gonad condition

As for Levels 1 and 2

plus

A time series of data

Analysis and assessment

Trends in data Analysis and assessment of survey data and additional data

Modelling

Change to management arrangements

No change until after three years of data have been collected

Based on empirical information so scope for larger change

Based on model outputs

Potential yield Low Moderate to high (if supported by assessment)

Optimised

Cost to licence holder Low Moderate Higher


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